Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, in 1952, by joint action of Congress, a law was passed calling upon each President to set aside an appropriate day as a National Day of Prayer.

On May 5, 1988, President Reagan signed a Bill which passed unanimously through Congress, making the first Thursday of every May, the National Day of Prayer.

President George Bush has issued a 1992 National Day of Prayer Proclamation. We pray this morning a prayer prepared for the occasion by Conrad M. Hilton. Let us pray:

"Our Father in Heaven:

We pray that you save us from ourselves.

The world that you have made for us, to live in peace,

we have made into an armed camp...

We have turned from You to go our selfish way.

We have broken Your commandments

and denied Your truth. We have left Your altars

to serve the false gods of money and pleasure and power.

FORGIVE US AND HELP US

Now, darkness gathers around us and we are confused

in all our counsels. Losing faith in You,

we lose faith in ourselves.

Inspire us with wisdom, all of us of every color, race, and creed,

to use our wealth, our strength to help our brother,

instead of destroying him.

Help us to do Your will as it is done in heaven

and to be worthy of Your promise of peace on earth.

Fill us with new faith, new strength and new courage,

that we may win the Battle for Peace.

Be swift to save us, DEAR GOD,

before the darkness falls."

Amen.

Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Williams Wilson

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

May 5, 1992
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, State Development Board, with term to expire May 21, 1997:

Horry/Georgetown:

Mr. Harold C. Stowe, 8246 Forest Lake Drive, Conway, South Carolina 29526 VICE Eugene S.N. Lawrimore

Referred to the Committee on Labor, Commerce and Industry.

Senator HINDS introduced Dr. Tom Whitaker of Myrtle Beach, South Carolina, Doctor of the Day.

At 11:00 A.M., on motion of Senator ROSE, Senator PASSAILAIGUE was granted a leave of absence for today.

At 11:30 A.M., Senator MITCHELL requested and was granted a leave of absence beginning at 2:00 P.M. today until 2:00 P.M. Wednesday, May 13, 1992.

Senator MARTIN rose to a Point of Personal Privilege.

At 1:35 P.M., the Leave of Absence granted to Senator LEVENTIS for today, was rescinded.

At 1:35 P.M., the Leave of Absence granted to Senator PASSAILAIGUE for today, was rescinded.

Columbia, S.C., May 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.
asks for a Committee of Conference, and has appointed Reps. Cromer, Manly and Wilder of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators WASHINGTON, STILWELL and HOLLAND of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., May 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3777 -- Rep. Cromer: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, REVISE PENALTIES, AND REQUIRE A SURETY BOND AND LIABILITY INSURANCE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES IN ARTICLE 13.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4038 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, RELATING TO MEMBERSHIP OF THE BOARD OF TRUSTEES OF BAMBERG-ERHARDT COUNTY SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO IN BAMBERG COUNTY, SO AS TO PROVIDE AN INCREASE IN THE NUMBER OF TRUSTEES FOR EACH DISTRICT; TO PROVIDE FOR THEIR ELECTION BY SINGLE MEMBER ELECTION DISTRICTS; TO PROVIDE THAT THE SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR EACH SCHOOL DISTRICT MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT AND PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN THREE MILLS FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY A REFERENDUM; TO ABOLISH THE BAMBERG COUNTY BOARD OF EDUCATION AND THE OFFICE OF SUPERINTENDENT OF EDUCATION; AND TO REPEAL ACT 513 OF 1982, ACT 237 OF 1979, AND SECTIONS 1 AND 2 OF ACT 1090 OF 1972, RELATING TO THE BAMBERG COUNTY BOARD OF EDUCATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4262 -- Rep. J. Bailey: A BILL TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF FOUR PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
asks for a Committee of Conference, and has appointed Reps. Kirsh, Quinn and Clyborne of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators PATTERSON, GIESE and LAND of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., May 6, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4505 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF REGULATIONS BY THE GENERAL ASSEMBLY, AND SECTION 41-15-220, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4520 -- Reps. McElveen, Mattos, J. Bailey, Farr, Keyserling, Whipper, Jennings, Waites, Houck, D. Martin, Snow, Phillips, T.C. Alexander, Barber, Rogers, Byrd, Wilkes, Harvin, Felder, J. Harris, Hodges, McTeer, Boan, Marchbanks and Kennedy: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ISSUES RELATING TO MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL STUDENTS WHO LIKELY WILL NOT ATTEND COLLEGE OR WILL DROP OUT OF SCHOOL, INCLUDING CONSIDERATIONS PERTAINING TO APPRENTICE PROGRAMS, MENTORSHIP PROGRAMS, COMMUNITY SERVICE AND BUSINESS APPROACHES, THE TECH-PREP PROGRAM, POST-SECONDARY OPTIONS PROGRAMS, AND INCENTIVES FOR GRADUATING FROM HIGH SCHOOL.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 28, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED-DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.
Very respectfully,
Speaker of the House

On motion of Senator MACAULAY, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators MACAULAY, THOMAS and MITCHELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

The following were introduced:

S. 1538 -- Senators Russell, Reese and Courtney: A CONCURRENT RESOLUTION TO COMMEND DR. HAROLD W. MOODY OF SPARTANBURG FOR HIS DISTINGUISHED SERVICE AS A MEMBER AND AS CHAIRMAN OF THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE UPON HIS RETIREMENT FROM THE COMMISSION.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1539 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-33-75 SO AS TO REQUIRE THE COMMISSION OF FORESTRY TO MAINTAIN AT LEAST ONE HUNDRED THIRTY-EIGHT FIRE TOWERS TO BE OPERATED IN STRATEGIC LOCATIONS DETERMINED BY THE COMMISSION.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1540 -- Senator Saleeby: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 76 SO AS TO ENACT THE MOTORSPORT NONSPECTATOR LIABILITY RELEASE ACT WHICH PERMITS A PERSON OPERATING A CLOSED-COURSE MOTORSPORT FACILITY TO REQUIRE THE SIGNING OF A LIABILITY RELEASE FORM AS A CONDITION OF ADMISSION TO A NONSPECTATOR AREA, AND TO PROVIDE FOR A RELEASE FROM CERTAIN LIABILITY IN THESE CASES.

Read the first time and referred to the Committee on Judiciary.

S. 1541 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 17-5-265 AND 17-7-12, SO AS TO REQUIRE THAT PERSONS REPORT TO THE MEDICAL EXAMINER OR CORONER WHEN A CHILD SEVEN YEARS OF AGE OR UNDER DIES UNDER CERTAIN CIRCUMSTANCES, TO REQUIRE THE MEDICAL EXAMINER OR CORONER TO INVESTIGATE SUCH REPORTS AND REPORT HIS FINDINGS, AND TO REQUIRE THAT AN AUTOPSY BE PERFORMED UNDER CERTAIN CIRCUMSTANCES.

Read the first time and referred to the Committee on Judiciary.

S. 1542 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

H. 4818 -- Rep. Bennett: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. EDWIN B. JOSEPH FOR HIS DEDICATED SERVICE AND CONTRIBUTIONS TO THE MANAGEMENT AND CONSERVATION OF SOUTH CAROLINA'S MARINE FISHERIES RESOURCES AND THE MARINE FISHERIES RESOURCES OF THE SOUTHEASTERN REGION OF THE UNITED STATES ON THE OCCASION OF HIS RETIREMENT.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3636 -- Rep. Clyborne: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR PRIVATE PERSONNEL AGENCIES, SO AS TO DELETE THE PROHIBITION AGAINST CONDUCTING PERSONNEL PLACEMENT SERVICES IN A RESIDENCE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4422 -- Rep. Farr: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLES, SO AS TO PROVIDE THAT SADDLE MOUNTS AND FULL MOUNTS MUST NOT EXCEED SEVENTY-FIVE FEET.

Read the first time and referred to the Committee on Transportation.

H. 4453 -- Rep. Quinn: A BILL TO AMEND SECTION 30-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE WITHIN THE DEFINITION OF "PUBLIC BODY" A COMMITTEE WHOSE MEMBERS ARE APPOINTED BY ADMINISTRATIVE PERSONNEL WHOSE PURPOSE IS TO RECOMMEND THE SELECTION OF A SITE FOR THE CONSTRUCTION OF A PUBLIC BUILDING.

Read the first time and referred to the Committee on Judiciary.

H. 4511 -- Reps. Ross, Jennings, Keegan, Hodges and M. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6260 SO AS TO PROVIDE THAT IF ANY PERSON IS ARRESTED FOR DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, OR FOR DRIVING AN UNINSURED MOTOR VEHICLE, THE ARRESTING OFFICER SHALL TAKE IMMEDIATE POSSESSION OF THE LICENSE PLATE AND REGISTRATION CERTIFICATE OF THE VEHICLE; TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE DEEMED TO BE CRIMINAL PROCEDURES SUPPLEMENTED TO, AND NOT IN LIEU OF, ANY PENALTIES IMPOSED BY LAW FOR THESE OFFENSES; TO PROVIDE THAT THE ARRESTING OFFICER SHALL ISSUE A CERTIFICATE TO SERVE AS A TEMPORARY LICENSE PLATE AND REGISTRATION FOR THE VEHICLE FOR A PERIOD OF TEN DAYS; AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE LICENSE PLATE AND REGISTRATION MAY BE RETURNED TO THE OWNER OF THE VEHICLE.

Read the first time and referred to the Committee on Judiciary.

H. 4636 -- Rep. Wilder: A BILL TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.

Read the first time and referred to the General Committee.

H. 4638 -- Rep. Fair: A BILL TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTING OF SOLID WASTE MANAGEMENT FACILITIES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE THAT COUNTY-OWNED FACILITIES WHICH INCINERATE LESS THAN FIFTY TONS PER DAY OF MUNICIPAL SOLID WASTE AS PART OF A PILOT STUDY WHOSE DURATION IS LESS THAN ONE AND ONE-HALF YEARS ARE NOT REQUIRED TO MEET CERTAIN REQUIREMENTS FOR PERMITTING AND OPERATION.

Read the first time and referred to the Committee on Medical Affairs.

H. 4640 -- Rep. Bennett: A BILL TO AMEND SECTION 50-3-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY WILDLIFE CONSERVATION OFFICERS, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF THE TERMS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4753 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MERGED REGULATIONS FOR THE CONSUMER PROTECTION CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1459, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4754 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO MODIFICATIONS AND CLARIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1406, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the General Committee.

H. 4755 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Judiciary.

H. 4766 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO DISADVANTAGED BUSINESS ENTERPRISES PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1440, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Transportation.

H. 4767 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education.

H. 4774 -- Reps. Hallman, Barber, Inabinett, Holt, Fulmer, Rama, D. Martin, Whipper, J. Bailey, Kirsh and R. Young: A BILL TO AMEND SECTION 51-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE PATRIOT'S POINT AUTHORITY, SO AS TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY AND TO TERMINATE THE TERMS OF THE MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND PROVIDE THAT THE GOVERNOR SHALL APPOINT THE MEMBERS AS PROVIDED FOR IN SECTION 51-13-720, AS AMENDED BY THIS ACT.

Read the first time and referred to the General Committee.

H. 4775 -- Reps. L. Elliott and Harwell: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A CERTAIN PORTION OF WEST JAMES STREET IN THE CITY OF MULLINS, SOUTH CAROLINA.

Read the first time and referred to the Committee on Transportation.

H. 4776 -- Reps. L. Elliott and Harwell: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A CERTAIN PORTION OF WAYCROSS STREET IN THE CITY OF MARION, SOUTH CAROLINA.

Read the first time and referred to the Committee on Transportation.

H. 4787 -- Reps. Holt, Bennett, Keyserling, Harrelson, G. Bailey, Whipper, Scott, Barber, Rama, Hallman, Wofford, Fulmer, D. Williams, Harwell, Inabinett, Klapman, Farr, Smith, Gonzales, J. Bailey, Sturkie, Koon, Rhoad, McKay, Kinon, D. Martin, McCraw, Altman, J. Harris, Council, Taylor, Lanford, Byrd, K. Burch, Wilder, H. Brown, Wright, R. Young, Meacham, Rudnick, Corning, Phillips, Kirsh, Snow, Stone, Harrison, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-180 SO AS TO PROVIDE REQUIREMENTS FOR PUBLIC BOATING ACCESS FACILITIES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4790 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.

Read the first time and referred to the Committee on Finance.

H. 4804 -- Rep. Clyborne: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON NOVEMBER 25, 26, AND 27, 1991, BY THE STUDENTS OF THE SEVIER MIDDLE SCHOOL IN GREENVILLE COUNTY BECAUSE OF A FIRE ON SCHOOL PROPERTY ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4805 -- Reps. J. Harris and K. Burch: A BILL TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.

Read the first time and referred to the Committee on Judiciary.

H. 4737 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.

Senator LEATHERMAN raised a Point of Order under Rule 49 that the Bill would require a two-thirds vote to be received by the Senate after May first.

Senator STILWELL made a Parliamentary Inquiry as to whether first reading of a Bill is interpreted as "considered" by the Senate.

The PRESIDENT stated that precedent of the Senate has established that the time the Point of Order is to be raised is on the first reading of a Bill.

Senator CORK, with unanimous consent, was granted leave to explain the Bill.

Senator CORK asked unanimous consent to make a motion that the provisions of Rule 49 be waived on H. 4737.

There was no objection.

On motion of Senator CORK, with unanimous consent, the Bill was placed on the Calendar without reference.

Senator SHEALY moved that it be the Sense of the Senate that the provisions of Rule 49 be waived until the titles of any legislation originating in the House and received after May first be published and the legislation referred to the appropriate committee.

Senator McCONNELL asked unanimous consent to make a motion to amend the Sense of the Senate motion to provide that the provisions of Rule 49 be waived until the legislation originating in the House had been reported from the committees.

There was no objection to the amendment.

Senator LEATHERMAN spoke on the motion.

Senator GILBERT spoke on the motion.

Senator MULLINAX made a Parliamentary Inquiry as to whether or not the motion required unanimous consent.

The PRESIDENT stated that the motion required unanimous consent.

Senator MULLINAX objected to the motion.

Senator BRYAN moved under the provisions of Rule 49 that no further legislation originating in the House be accepted by the Senate except upon a two-thirds vote of the Senate.

Senator SALEEBY, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 895 -- Senators Nell W. Smith and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a majority favorable with amendment, and Senator MITCHELL, a minority unfavorable report on:

S. 1353 -- Senator Bryan: A BILL TO AMEND CHAPTER 7 OF TITLE 20 OF THE CHILDREN'S CODE, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345, SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR.

Ordered for consideration tomorrow.

Senator SHEALY, from the Committee on Judiciary, submitted a favorable report on:

S. 1498 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135, SO AS TO MAKE IT A CRIME FOR A PERSON TO PREVENT AN INDIVIDUAL FROM ENTERING, EXITING, OR MOVING WITHIN A PUBLIC PASSAGEWAY OR BUILDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.

Ordered for consideration tomorrow.

Senator WILLIAMS from the Judiciary Committee, has polled out H. 3168, favorable:

H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.

Williams Bryan Moore
Martin Courson Russell
Lourie Pope Saleeby
Wilson McConnell Stilwell

Holland Matthews Mitchell
Shealy Long Martschink

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.

Ordered for consideration tomorrow.

Senator WILLIAMS from the Judiciary Committee, has polled out H. 3400 favorable with amendment:

H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110, SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, 23-31-360, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, AS AMENDED, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, AS AMENDED, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONY TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-1-90, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, 16-3-920, 16-3-1060, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-311, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, AS AMENDED, 56-5-2945, AS AMENDED, 56-29-30, 58-13-10, 59-25-250, 59-63-450, 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY; 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190, RELATING TO STEALING TIRES OR TUBES, 16-13-200, RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30, RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE; 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN; 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMAN.

Williams Bryan Russell
Martin Courson Shealy
Holland Wilson Lourie
Stilwell Saleeby Moore

McConnell Long Mitchell
Matthews Pope Martschink

Ordered for consideration tomorrow.

Senator STILWELL, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.

Ordered for consideration tomorrow.

Senator McCONNELL, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.

Ordered for consideration tomorrow.

Senator SALEEBY, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE A PENALTY FOR VIOLATION.

Ordered for consideration tomorrow.

Senator WILSON, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 4127 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-51-41 AND 15-51-42 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR OBTAINING COURT APPROVAL OF ANY SETTLEMENT OF WRONGFUL DEATH OR SURVIVAL ACTIONS; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE JURISDICTION OF THE SOUTH CAROLINA PROBATE COURT, SO AS TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT TO APPROVE SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS AS PROVIDED IN SECTIONS 15-51-41 AND 15-51-42; AND TO AMEND SECTION 62-1-403, RELATING TO PROCEEDINGS, PLEADINGS, AND NOTICE IN THE PROBATE COURT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO WRONGFUL DEATH OR SURVIVAL ACTIONS.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 4257 -- Rep. Cromer: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO ELIMINATE THE EXCEPTION PROVIDING THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO FOWL.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:

H. 4426 -- Reps. Manly, Fair, Cato, Mattos, Anderson, Vaughn, M.O. Alexander, Haskins, Wilkins, Jaskwhich and Clyborne: A BILL TO AUTHORIZE A POLITICAL SUBDIVISION WHICH OPERATES A SEWER SYSTEM AUTHORIZED BY LAW TO PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT.

Ordered for consideration tomorrow.

Senator POPE, from the Committee on Judiciary, submitted a favorable report on:

H. 4549 -- Rep. Farr: A BILL TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:

H. 4617 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CERTIFICATION AND RECERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

H. 4618 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1447, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator WILLIAMS from the Judiciary Committee, has polled out H. 4783, favorable:

H. 4783 -- Rep. Harrelson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT THE AMENDMENT TO THE OLDER AMERICANS ACT WHICH RAISES THE EXEMPTION TO ONE THOUSAND DOLLARS FOR MONEY EARNED AND WHICH WOULD BENEFIT POLL MANAGERS IN THE UPCOMING ELECTIONS.

Williams Mitchell Russell
Holland Pope Shealy
Saleeby Matthews McConnell
Stilwell Bryan Moore

Martin Long Lourie
Wilson Courson Martschink

Ordered for consideration tomorrow.

S. 1223 -- Senators Giese and Hinson: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.

The House returned the Bill with amendments.

Senator GIESE explained the House amendments.

On motion of Senator GIESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.

The House returned the Bill with amendments.

Senator ROBERT W. HAYES, JR. explained the House amendments.

On motion of Senator ROBERT W. HAYES, JR., the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.

The House returned the Bill with amendments.

The question being the consideration of a Senate amendment to the House amendments.

Senator HINDS proposed the following Amendment No. 1 (JUD283.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Title 6 of the 1976 Code is amended by adding:

Section 6-29-310. For purposes of this chapter, `local planning commission' means a municipal planning commission, a county planning commission, a joint city-county planning commission, or a consolidated government planning commission.

Section 6-29-320. The city council of each municipality may create a municipal planning commission. The county council of each county may create a county planning commission. The governing body of a consolidated government may create a planning commission. Any combination of municipal councils and a county council or any combination of municipal councils may create a joint planning commission.

Section 6-29-330. (A) A municipality may exercise the powers granted under the provisions of this chapter in the total area within its corporate limits. A county may exercise the powers granted under the provisions of this chapter in the total unincorporated area or specific parts of the unincorporated area. Unincorporated areas of the county or counties may be added to and included in the area under municipal jurisdiction for the purposes of this chapter provided that the municipality and county councils involved adopt ordinances establishing the boundaries of the additional areas, the limitations of the authority to be exercised by the municipality, and representation on the boards and commissions provided under this chapter. The agreement must be formally approved and executed by the municipal council and the county councils involved.

(B) The governing body of a municipality may designate by ordinance the county planning commission as the official planning commission of the municipality. In the event of the designation, and acceptance by the county, the county planning commission may exercise the powers and duties as provided in this chapter for municipal planning commissions as are specified in the agreement reached by the governing authorities. The agreement must specify the procedures for the exercise of powers granted in the chapter and shall address the issue of representation of the municipality and the county on the boards and commissions authorized by this chapter. This agreement must be formally stated in appropriate ordinances by the governing authorities involved.

Section 6-29-340. (A) It is the function and duty of the local planning commission, when created by an ordinance passed by the municipal council or the county council, or both, to undertake a continuing planning program for the physical, social, and economic growth, development and redevelopment of the area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare as well as the efficiency, economy, appearance, and livability of its area of jurisdiction. Specific planning elements must be based upon careful and comprehensive surveys and studies of existing conditions and probable future development and include recommended means of implementation. The local planning commission may make, publish, and distribute maps, plans, and reports and recommendations relating to the plans and programs and the development of its area of jurisdiction to public officials and agencies, public utility companies, civic, educational, professional, and other organizations and citizens. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks on them. In general, the planning commission has the powers as may be necessary to enable it to perform its functions and promote the planning of its political jurisdiction.

(B) In the discharge of its responsibilities, the local planning commission has the power and duty to:

(1) prepare and revise periodically plans and programs for the development and redevelopment of its area as provided in this chapter; and

(2) prepare and recommend for adoption to the appropriate governing authority or authorities as a means for implementing the plans and programs in its area:

(a) zoning ordinances to include zoning district maps and appropriate revisions thereof, as provided in this chapter;

(b) regulations for the subdivision or development of land and appropriate revisions thereof, and to oversee the administration of the regulations that may be adopted as provided in this chapter;

(c) an official map and appropriate revision on it showing the exact location of existing or proposed public street, highway and utility rights-of-way, and public building sites, together with regulations to control the erection of buildings or other structures or changes in land use within the rights-of-way, building sites, or open spaces within its political jurisdiction or a specified portion of it, as set forth in this chapter;

(d) a landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;

(e) ordinance setting forth procedures for management of environmentally sensitive areas, including flood plains, etc.;

(f) a capital improvements program setting forth projects required to implement plans which have been prepared and adopted, including an annual listing of priority projects for consideration by the governmental bodies responsible for implementation prior to preparation of their capital budget; and

(g) policies or procedures to facilitate implementation of planning elements.

Section 6-29-350. (A) A local planning commission serving not more than two political jurisdictions may not have less than five nor more than twelve members. A local planning commission serving three or more political jurisdictions shall have a membership not greater than four times the number of jurisdictions it serves. In the case of a joint city-county planning commission the membership must be proportional to the population inside and outside the corporate limits of municipalities.

(B) No member of a planning commission may hold an elected public office in the municipality or county from which appointed. Members of the commission first to serve must be appointed for staggered terms as described in the agreement of organization and shall serve until their successors are appointed and qualified. The compensation of the members, if any, must be determined by the governing authority or authorities creating the commission. A vacancy in the membership of a planning commission must be filled for the unexpired term in the same manner as the original appointment. The governing authority or authorities creating the commission may remove any member of the commission which they have appointed.

(C) In the appointment of planning commission members the appointing authority shall consider their professional expertise, knowledge of the community, and concern for the future welfare of the total community and its citizens. Members shall represent a broad cross section of the interests and concerns within the jurisdiction.

Section 6-29-360. (A) A local planning commission shall organize itself electing one of its members as chairman and one as vice-chairman whose terms must be for one year. It shall appoint a secretary who may be an officer or an employee of the governing authority or of the planning commission. The planning commission shall meet at the call of the chairman and at such times as the chairman or commission may determine.

(B) The commission shall adopt rules of organizational procedure and shall keep a record of its resolutions, transactions, findings, and determinations, which record must be a public record. The planning commission may purchase equipment and supplies and may employ or contract for such staff and such experts as it considers necessary and consistent with funds available.

Section 6-29-370. The governing authority may provide for the reference of any matters or class of matters to the local planning commission, with the provision that final action on it may not be taken until the planning commission has submitted a report on it or has had a reasonable period of time, as determined by the governing authority to submit a report.

Section 6-29-380. A local planning commission may cooperate with, contract with, or accept funds from federal government agencies, state government agencies, local general purpose governments, school districts, special purpose districts, including those of other states, public or eleemosynary agencies, or private individuals or corporations; it may expend the funds; and it may carry out such cooperative undertakings and contracts as it considers necessary.

Section 6-29-510. (A) The local planning commission shall develop and maintain a planning process which will result in the systematic preparation and continual re-evaluation and updating of those elements considered critical, necessary, and desirable to guide the development and redevelopment of its area of jurisdiction.

(B) Surveys and studies on which planning elements are based must include consideration of potential conflicts with adjacent jurisdictions and regional plans or issues.

(C) The basic planning process for all planning elements must include, but not be limited to:

(1) inventory of existing conditions;

(2) a statement of needs and goals; and

(3) implementation strategies with time frames.

(D) A local comprehensive plan must include, but not be limited to, the following planning elements:

(1) a population element which considers historic trends and projections, household numbers and sizes, educational levels, and income characteristics;

(2) an economic development element which considers labor force and labor force characteristics, employment by place of work and residence, and analysis of the economic base;

(3) a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forest land, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types;

(4) a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural resources. Where a separate board exists pursuant to this chapter, this element is the responsibility of the board;

(5) a community facilities element which considers transportation network; water supply, treatment and distribution; sewage system and waste water treatment; solid waste collection and disposal, fire protection, emergency medical services and general government facilities; education facilities; and libraries and other cultural facilities;

(6) a housing element which considers location, types, age and condition of housing; owner and renter occupancy; and cost of housing; and

(7) a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasi public, recreation, parks, open space, and vacant or undeveloped.

(E) All planning elements must be an expression of the planning commission recommendations to the appropriate governing bodies with regard to the future growth, development, and redevelopment of its area of jurisdiction. The planning elements whether done as a package or in separate increments together comprise the comprehensive plan for the jurisdiction at any one point in time. The local planning commission shall review the comprehensive plan or elements of it as often as necessary, but not less than once every five years to determine whether changes in the amount, kind, or direction of development of the area or other reasons make it desirable to make additions or amendments to the plan. The comprehensive plan, including all elements of it, must be updated at least every ten years.

Section 6-29-520. (A) In the preparation or periodic updating of any or all planning elements for the jurisdiction, the planning commission may use advisory committees with membership from both the planning commission or other public involvement mechanisms and other resource people not members of the planning commission. If the local government maintains a list of groups that have registered an interest in being informed of proceedings related to planning, notice of meetings must be mailed to these groups.

(B) Recommendation of the plan or any element, amendment, extension, or addition must be by resolution of the planning commission, carried by the affirmative votes of at least a majority of the entire membership. The resolution must refer expressly to maps and other descriptive matter intended by the planning commission to form the whole or element of the recommended plan and the action taken must be recorded in its official minutes of the planning commission. A copy of the recommended plan or element of it must be transmitted to the appropriate governing authorities and to all other legislative and administrative agencies affected by the plan.

(C) In satisfying the preparation and periodic updating of the required planning elements, the planning commission shall review and consider, and may recommend by reference, plans prepared by other agencies which the planning commission considers to meet the requirements of this article.

Section 6-29-530. The local planning commission may recommend to the appropriate governing body and the body may adopt the plan as a whole by a single ordinance or elements of the plan by successive ordinances. The elements shall correspond with the major geographical sections or divisions of the planning area or with functional subdivisions of the subject matter of the comprehensive plan, or both. Before adoption of an element or a plan as a whole, the governing authority shall hold a public hearing on it after not less than thirty days' notice of the time and place of the hearings have been given in a newspaper having general circulation in the jurisdiction.

Section 6-29-540. When the local planning commission has recommended and local governing authority or authorities have adopted the related comprehensive plan element set forth in this chapter, no new street, square, park, or other public way, grounds, or open space or public buildings for any use, structure, or public utility, whether publicly or privately owned, may be constructed or authorized in the political jurisdiction of the governing authority or authorities establishing the planning commission until the location, character, and extent of it have been submitted to the planning commission for review and comment as to the compatibility of the proposal with the comprehensive plan of the community. In the event the planning commission finds the proposal to be in conflict with the comprehensive plan, the commission shall transmit its findings and the particulars of the nonconformity to the entity proposing the facility. If the entity proposing the facility determines to go forward with the project which conflicts with the comprehensive plan, the governing or policy making body of the entity shall publicly state its intention to proceed and the reasons for the action. A copy of this finding must be sent to the local governing body, the local planning commission, and published as a public notice in a newspaper of general circulation in the community at least thirty days prior to awarding a contract or beginning construction. Telephone, sewer and gas utilities, or electric suppliers, utilities and providers, whether publicly or privately owned, whose plans have been approved by the local governing body or a state or federal regulatory agency, or electric suppliers, utilities and providers who are acting in accordance with a legislatively-delegated right pursuant to Chapters 27 or 31 of Title 58 or Chapter 49 of Title 33 of the South Carolina Code of Laws are exempt from this provision. These utilities must submit construction information to the appropriate local planning commission.

Section 6-29-710. (A) Zoning ordinances must be for the general purposes of guiding development in accordance with existing and future needs and promoting the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare. To these ends, zoning ordinances must be made with reasonable consideration of the following purposes, where applicable:

(1) to provide for adequate light, air, and open space;

(2) to prevent the overcrowding of land, to avoid undue concentration of population, and to lessen congestion in the streets;

(3) to facilitate the creation of a convenient, attractive, and harmonious community;

(4) to protect and preserve scenic, historic, or ecologically sensitive areas;

(5) to facilitate the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks, and other recreational facilities, affordable housing, disaster evacuation, and other public services and requirements. `Other public requirements' which the local governing body intends to address by a particular ordinance or action must be specified in the preamble or some other part of the ordinance or action;

(6) to secure safety from fire, flood, and other dangers; and

(7) to further the public welfare in any other regard specified by a local governing body.

Section 6-29-720. (A) When the local planning commission has prepared and recommended and the governing body has adopted at least the land use element of the comprehensive plan as set forth in this chapter, the governing body of a municipality or county may adopt a zoning ordinance to help implement the comprehensive plan. The zoning ordinance shall create zoning districts of such number, shape, and size as the governing authority determines to be best suited to carry out the purposes of this chapter. Within each district the governing body may regulate:

(1) the use of buildings, structures, and land;

(2) the size, location, height, bulk, orientation, number of stories, erection, construction, reconstruction, alteration, demolition, or removal in whole or in part of buildings and other structures, including signage;

(3) the density of development, use, or occupancy of buildings, structures, or land;

(4) the areas and dimensions of land, water, and air space to be occupied by buildings and structures, and the size of yards, courts, and other open spaces;

(5) the amount of off-street parking and loading that must be provided, and restrictions or requirements related to the entry or use of motor vehicles on the land;

(6) other aspects of the site plan, including, but not limited to, tree preservation, landscaping, buffers, lighting, and curb cuts; and

(7) other aspects of the development and use of land or structures necessary to accomplish the purposes set forth throughout this chapter.

(B) The regulations must be made in accordance with the comprehensive plan for the jurisdiction, and be made with a view to promoting the purposes set forth throughout this chapter. Except as provided in this chapter, all of these regulations must be uniform for each class or kind of building, structure, or use throughout each district, but the regulations in one district may differ from those in other districts.

(C) The zoning ordinance may utilize the following or any other zoning and planning techniques for implementation of the goals specified above. Failure to specify a particular technique does not cause use of that technique to be viewed as beyond the power of the local government choosing to use it:

(1) `cluster development' or the grouping of residential, commercial, or industrial uses within a subdivision or development site, permitting a reduction in the otherwise applicable lot size, while preserving substantial open space on the remainder of the parcel;

(2) `floating zone' or a zone which is described in the text of a zoning ordinance, but is unmapped. A property owner may petition for the zone to be applied to a particular parcel meeting the minimum zoning district area requirements of the zoning ordinance through legislative action;

(3) `performance zoning' or zoning which specifies a minimum requirement or maximum limit on the effects of a land use rather than, or in addition to, specifying the use itself, simultaneously assuring compatibility with surrounding development and increasing a developer's flexibility;

(4) `planned development district' or a development project comprised of housing of different types and densities and of compatible commercial uses, or shopping centers, office parks, and mixed-use developments. A planned development district is established by rezoning prior to development and is characterized by a unified site design for a mixed-use development;

(5) `overlay zone' or a zone which imposes a set of requirements or relaxes a set of requirements imposed by the underlying zoning district when there is a special public interest in a particular geographic area that does not coincide with the underlying zone boundaries; and

(6) `conditional uses' or zoning ordinance provisions that impose conditions, restrictions, or limitations on a permitted use that are in addition to the restrictions applicable to all land in the zoning district. The conditions, restrictions, or limitations must be set forth in the text of the zoning ordinance.

Section 6-29-730. The regulations may provide that land, buildings, and structures and the uses of it which are lawful at the time of the enactment or amendment of zoning regulations may be continued although not in conformity with the regulations or amendments, which is called a nonconformity. The governing authority of a municipality or county may provide in the zoning ordinance or resolution for the continuance, restoration, reconstruction, extension, or substitution of nonconformities. The governing authority also may provide for the termination of a nonconformity by specifying the period or periods in which the nonconformity is required to cease or be brought into conformance, or by providing a formula where the compulsory termination of non-conformities may be so fixed as to allow for the recovery or amortization of the investment in the nonconformity.

Section 6-29-740. In order to achieve the objectives of the comprehensive plan of the locality and to allow flexibility in development that will result in improved design, character, and quality of new mixed-use developments and preserve natural and scenic features of open spaces, the local governing authority may provide for the establishment of planned development districts as amendments to a locally adopted zoning ordinance and official zoning map. The adopted planned development map is the zoning district map for the property. The planned development provisions must encourage innovative site planning for residential, commercial, institutional and industrial developments within planned development districts. Planned development districts may provide for variations from other ordinances and the regulations of other established zoning districts concerning use, setbacks, lot size, density, bulk, and other requirements to accommodate flexibility in the arrangement of uses and the preservation of open spaces for the general purpose of promoting and protecting the public health, safety, and general welfare. Amendments to a planned development district may be authorized by ordinance of the governing authority after recommendation from the planning commission. These amendments constitute zoning ordinance amendments and must follow prescribed procedures for the amendments. The adopted plan may include a method for minor modifications to the site plan or development provisions.

Section 6-29-750. In accordance with a special development district parking facility plan and program, which includes guidelines for preferred parking locations and indicates prohibited parking areas, the planning commission may recommend and the local governing body may adopt regulations which permit the reduction or waiver of parking requirements within the district in return for cash contributions or dedications of land earmarked for provision of public parking or public transit which may not be used for any other purpose. The cash contributions or the value of the land may not exceed the approximate cost to build the required spaces or provide the public transit that would have incurred had not the reduction or waiver been granted.

Section 6-29-760. (A) Before enacting or amending any zoning regulations or maps, the governing authority or the planning commission, if authorized by the governing authority, shall hold a public hearing on it, which must be advertised and conducted according to lawfully prescribed procedures. If no established procedures exist, then at least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county. In cases involving rezoning, conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property. If the local government maintains a list of groups that have expressed an interest in being informed of zoning proceedings, notice of such meetings must be mailed to these groups. No change in or departure from the text or maps as recommended by the local planning commission may be made pursuant to the hearing unless the change or departure be first submitted to the planning commission for review and recommendation. The planning commission shall have a time prescribed in the ordinance which may not be more than thirty days within which to submit its report and recommendation on the change to the governing authority. If the planning commission fails to submit a report within the prescribed time period, it is deemed to have approved the change or departure. When the required public hearing is held by the planning commission, no public hearing by the governing authority is required before amending the zoning ordinance text or maps.

(B) If a landowner whose land is the subject of a proposed amendment will be allowed to present oral or written comments to the planning commission, at least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.

(C) An owner of adjoining land or his representative has standing to bring an action contesting the ordinance or amendment. However, this subsection does not create any new substantive right in any party.

(D) No challenge to the adequacy of notice or challenge to the validity of a regulation or map, or amendment to it, whether enacted before or after the effective date of this section, may be made sixty days after the decision of the governing body if there has been substantial compliance with the notice requirements of this section or with established procedures of the governing authority or the planning commission.

Section 6-29-770. (A) Agencies, departments, and subdivisions of this State that use real property, as owner or tenant, in any county or municipality in this State are subject to the zoning ordinances.

(B) A county or agency, department or subdivision of it, that uses any real property, as owner or tenant, within the limits of any municipality in this State is subject to the zoning ordinances of the municipality.

(C) A municipality or agency, department or subdivision of it, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of the municipality is subject to the zoning ordinances of the county.

(D) The provisions of this section do not require a state agency, department, or subdivision to move from facilities occupied on June 18, 1976, regardless of whether or not their location is in violation of municipal or county zoning ordinances.

(E) The provisions of this section do not apply to a home serving nine or fewer mentally or physically handicapped persons provided the home provides care on a twenty-four hour basis and is approved or licensed by a state agency or department or under contract with the agency or department for that purpose. A home is construed to be a natural family or such similar term as may be utilized by any county or municipal zoning ordinance to refer to persons related by blood or marriage. Prior to locating the home for the handicapped persons the appropriate state agency or department or the private entity operating the home under contract must first give prior notice to the local governing body administering the pertinent zoning laws, advising of the exact site of any proposed home. The notice must also identify the individual representing the agency, department, or private entity for site selection purposes. If the local governing body objects to the selected site, the governing body must notify the site selection representative of the entity seeking to establish the home within fifteen days of receiving notice and must appoint a representative to assist the entity in selection of a comparable alternate site or structure, or both. The site selection representative of the entity seeking to establish the home and the representative of the local governing body, shall select a third mutually agreeable person. The three persons have forty-five days to make a final selection of the site by majority vote. This final selection is binding on the entity and the governing body. In the event no selection has been made by the end of the forty-five-day period, the entity establishing the home shall select the site without further proceedings. An application for variance or special exception is not required. No person may intervene to prevent the establishment of a community residence without reasonable justification.

(F) Prospective residents of these homes must be screened by the licensing agency to insure that the placement is appropriate.

(G) The licensing agency shall conduct reviews of these homes no less frequently than every six months for the purpose of promoting the rehabilitative purposes of the homes and their continued compatibility with their neighborhoods.

(H) The governing body of a county or municipality whose zoning ordinances are violated by the provisions of this section may apply to a court of competent jurisdiction for injunctive and such other relief as the court may consider proper.

Section 6-29-780. (A) As a part of the administrative mechanism designed to enforce the zoning ordinance, the zoning ordinance may provide for the creation of a board to be known as the board of zoning appeals. Local governing bodies with a joint planning commission and adopting a common zoning ordinance may create a board to be known as the joint board of appeals. All of these boards are referred to as the board.

(B) The board consists of not less than three nor more than nine members, a majority of which constitutes a quorum, appointed by the governing authority or authorities of the area served. The members shall serve for overlapping terms of not less than three nor more than five years or after that time until their successors are appointed. A vacancy in the membership must be filled for the unexpired term in the same manner as the initial appointment. The governing authority or authorities creating the board of zoning appeals may remove any member of the board which they have appointed. The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of a board of zoning appeals. None of the members shall hold any other public office or position in the municipality or county.

Section 6-29-790. The board shall elect one of its members chairman, who shall serve for one year or until he is re-elected or his successor is elected and qualified. The board shall appoint a secretary who may be an officer of the governing authority or of the zoning board. The board shall adopt rules of procedure in accordance with the provisions of an ordinance adopted pursuant to this chapter. Meetings of the board must be held at the call of the chairman and at such other times as the board may determine. Public notice of all meetings of the board of appeals shall be provided by publication in a newspaper of general circulation in the municipality or county. In cases involving variances or special exceptions conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property. The chairman or, in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which must be immediately filed in the office of the board and must be a public record.

Section 6-29-800. (A) The board of appeals only has the following powers:

(1) to hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance;

(2) to hear and decide appeals for variance from the requirements of the zoning ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:

(a) there are extraordinary and exceptional conditions pertaining to the particular piece of property;

(b) these conditions do not generally apply to other property in the vicinity;

(c) because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

(d) the authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

(i) The board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance. Other requirements may be prescribed by the zoning ordinance.

(ii) In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare;

(3) to permit uses by special exception subject to the terms and conditions for the uses set forth for such uses in the zoning ordinance; and

(4) appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of appeals notice of appeal specifying the grounds of it. If no time is provided, the appeals must be taken within thirty days from the date the appealing party has received actual notice of the action from which the appeal is taken. The officer from whom the appeal is taken immediately shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(B) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(C) The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give at least fifteen days public notice of it in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney.

(D) In exercising the above power, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The board in the execution of the duties specified in this chapter may subpoena witnesses and in case of contempt may certify this fact to the circuit court having jurisdiction.

(E) All final decisions and orders of the board must be in writing and be permanently filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail.

Section 6-29-810. In case of contempt by a party, witness, or other person before the board of appeals, the board may certify this fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

Section 6-29-820. A person who may have a substantial interest in any decision of the board of appeals or an officer, or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county by filing with the clerk of the court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of the board is mailed.

Section 6-29-830. (A) Upon the filing of the appeal, the clerk of the circuit court shall give immediate notice of it to the secretary of the board and within thirty days from the time of the notice the board shall file with the clerk a certified copy of the proceedings held before the board of appeals, including a transcript of the evidence heard before it, if any, and the decision of the board, including its findings of fact and conclusions.

(B) The filing of an appeal in the circuit court from a decision of the board shall not ipso facto act as a supersedeas but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.

Section 6-29-840. At the next term of the circuit court or, in chambers, upon ten days' notice to the parties, the presiding judge of the circuit court of the county shall proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of appeals shall be treated in the same manner as a finding of fact by a jury and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the zoning board of appeals for rehearing. In determining the questions presented by the appeal the court shall determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board is charged with the costs, and the costs must be paid by the governing authority which established the board of appeals.

Section 6-29-850. A party at interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the same manner as provided by law for appeals from other judgments of the circuit court in law cases.

Section 6-29-860. The governing authority may appropriate such monies, otherwise unappropriated, as it considers fit to finance the work of the board of appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized under this chapter which are adopted and may accept and expend grants of money for those purposes from either private or public sources, local, state, or federal.

Section 6-29-870. (A) A local government which enacts a zoning ordinance which makes specific provision for the preservation and protection of historic and architecturally valuable districts and neighborhoods or significant or natural scenic areas, or protects or provides, or both, for the unique, special, or desired character of a defined district, corridor, or development area or any combination of it, by means of restriction and conditions governing the right to erect, demolish, remove in whole or in part, or alter the exterior appearance of all buildings or structures within the areas, may provide for appointment of a board of architectural review or similar body.

(B) The board shall consist of not more than ten members to be appointed by the governing body of the municipality or the governing body of the county which may restrict the membership on the board to those professionally qualified persons as it may desire. The governing authority or authorities creating the board may remove any member of the board which it has appointed.

(C) The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of a board of architectural review. None of the members may hold any other public office or position in the municipality or county.

(D) The board shall elect one of its members chairman, who shall serve for one year or until he is re-elected or his successor is elected and qualified. The board shall appoint a secretary who may be an officer of the governing authority or of the board of architectural review. The board shall adopt rules of procedure in accordance with the provisions of any ordinance adopted pursuant to this chapter. Meetings of the board must be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which immediately must be filed in the office of the board and must be a public record.

Section 6-29-880. The board of architectural review has those powers involving the structures and neighborhoods as may be determined by the zoning ordinance. Decisions of the zoning administrator or other appropriate administrative official in matters under the purview of the board of architectural review may be appealed to the board where there is an alleged error in any order, requirement, determination, or decision.

Section 6-29-890. (A) Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of architectural review notice of appeal specifying the grounds of it. The officer from whom the appeal is taken immediately shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(B) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In this case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(C) The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice of it, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney.

Section 6-29-900. A person who may have a substantial interest in any decision of the board of architectural review or any officer, or agent of the appropriate governing authority may appeal from any decision of the board to the circuit court in and for the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the affected party receives actual notice of the decision of the board of architectural review.

Section 6-29-910. In case of contempt by a party, witness, or other person before the board of architectural review, the board may certify the fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.

Section 6-29-920. (A) Upon filing of the appeal, the clerk of the circuit court shall give immediate notice of it to the secretary of the board and within thirty days from the time of the notice the board shall file with the clerk a duly certified copy of the proceedings had before the board of architectural review, including a transcript of the evidence heard before it, if any, and the decision of the board, including its findings of fact and conclusions.

(B) The filing of an appeal in the circuit court from any decision of the board does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.

Section 6-29-930. At the next term of the circuit court or, in chambers, upon ten days' notice to the parties, the resident presiding judge of the circuit court of the county shall proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of architectural review are final and conclusive on the hearing of the appeal and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review the matter must be remanded to the board of architectural review for rehearing. In determining the questions presented by the appeal the court shall determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board must be charged with the costs and they must be paid by the governing authority which established the board of architectural review.

Section 6-29-940. A party at interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the same manner as provided by law for appeals from other judgments of the circuit court.

Section 6-29-950. (A) The governing authorities of municipalities or counties may provide for the enforcement of any ordinance adopted pursuant to the provisions of this chapter by means of the withholding of building or zoning permits, or both, and the issuance of stop orders against any work undertaken by an entity not having a proper building or zoning permit, or both. It is unlawful to construct, reconstruct, alter, demolish, change the use of or occupy any land, building or other structure without first obtaining the appropriate permit or permit approval. No permit may be issued or approved unless the requirements of this chapter or any ordinance adopted pursuant to it are complied with. It is unlawful for other officials to issue any permit for the use of any land, building, or structure, or the construction, conversion, demolition, enlargement, movement, or structural alteration of a building or structure without the approval of the zoning administrator. A violation of any ordinance adopted pursuant to the provisions of this chapter is a misdemeanor. In case a building, structure, or land is or is proposed to be used in violation of any ordinance adopted pursuant to this chapter, the zoning administrator or other appropriate administrative officer, municipal or county attorney, or other appropriate authority of the municipality or county or an adjacent or neighboring property owner who would be specially damaged by the violation, may in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate the violation, or to prevent the occupancy of the building, structure, or land. Each day the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues is considered a separate offense.

(B) In case a building, structure, or land is or is proposed to be used in violation of an ordinance adopted pursuant to this chapter, the zoning administrator or other designated administrative officer may in addition to other remedies issue and serve upon a person pursuing the activity or activities a stop order requiring that entity stop all activities in violation of the zoning ordinance.

Section 6-29-960. When the regulations made under authority of this chapter require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under another statute, or local ordinance or regulation, the regulations made under authority of this chapter govern. When the provisions of another statute require more restrictive standards than are required by the regulations made under authority of this chapter, the provisions of that statute govern.

Section 6-29-1110. As used in this article:

(1) `Land development' means the changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, apartment complexes, commercial parks, shopping centers, industrial parks, mobile home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.

(2) `Subdivision' means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all division of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record. However, the following exceptions are included within this definition only for the purpose of requiring that the local planning agency be informed and have a record of the subdivisions:

(a) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority;

(b) the division of land into parcels of five acres or more where no new street is involved and plats of these exceptions must be received as information by the planning agency which shall indicate that fact on the plats; and

(c) the combination or recombination of entire lots of record where no new street or change in existing streets is involved.

Section 6-29-1120. The public health, safety, economy, good order, appearance, convenience, morals, and general welfare require the harmonious, orderly, and progressive development of land within the municipalities and counties of the State. In furtherance of this general intent, the regulation of land development by municipalities, counties, or consolidated political subdivisions is authorized for the following purposes, among others:

(1) to encourage the development of economically sound and stable municipalities and counties;

(2) to assure the timely provision of required streets, utilities, and other facilities and services to new land developments;

(3) to assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, in and through new land developments;

(4) to assure the provision of needed public open spaces and building sites in new land developments through the dedication or reservation of land for recreational, educational, transportation, and other public purposes;

(5) to assure preservation or protection of historic or environmentally sensitive areas, or both; and

(6) to assure, in general, the wise and timely development of new areas, and redevelopment of previously developed areas in harmony with the comprehensive plans of municipalities and counties.

Section 6-29-1130. (A) When at least the community facilities element of the comprehensive plan as authorized by this chapter has been adopted by the local planning commission and the local governing body or bodies, the local planning commission may prepare and recommend to the governing body or bodies for adoption regulations governing the development of land within the jurisdiction. These regulations may provide for the harmonious development of the municipality and the county; for coordination of streets within subdivision and other types of land developments with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and for the distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, appearance, prosperity, or the general welfare. In particular, the regulations shall prescribe that no land development plan, including subdivision plats, will be approved unless all land intended for use as building sites can be used safely for building purposes, without danger from flood or other inundation or from other menaces to health, safety, or public welfare.

(B) These regulations may include requirements as to the extent to which and the manner in which streets must be graded, surfaced, and improved, and water, sewers, septic tanks, and other utility mains, piping, connections, or other facilities must be installed as a condition precedent to the approval of the plan. The governing authority of the municipality and the governing authority of the county are given the power to adopt and to amend the land development regulations after a public hearing on it, giving at least thirty days' notice of the time and place by publication in a newspaper of general circulation in the municipality or county.

Section 6-29-1140. (A) After the adoption of a park and recreation plan element of a comprehensive plan, development plan regulations may provide for reservation and dedication of land for public parks, playgrounds, or other public recreational purposes or for payment of cash contributions earmarked for the purposes in lieu of it. The regulations must provide that a developer of land dedicate land area sites, and locations for parks, playgrounds, other public recreational purposes as are reasonably necessary to serve the proposed development and the future residents of it. The land required to be dedicated must bear reasonable relationship to the impact on park, playground, and recreational needs posed by the area being developed. The regulations must set forth the standards to be applied in determining the amount of land that is required to be dedicated, which standards must be based on the number and type of dwelling units or structures to be included in each development and upon studies and surveys conducted by the local governing body to determine the need, if any, for parks, playgrounds, or other recreational purposes generated by the proposed future developments and residents of it.

(B) The local governing authority may also adopt, as part of its land development regulations, provisions requiring a developer, in lieu of the dedication to pay to the local governing body a sum of money equal to the value of land that would otherwise be required to be dedicated where the local governing body determines that it would not be in the public interest to accept dedication in connection with a particular proposed development. The regulations must set forth the standards to be applied in determining when it is not in the public interest to accept a dedication. The regulations must provide that the in lieu fee to be paid by a subdivider be based upon the per acre value of the actual land subdivided.

(C) The regulations also must provide for the manner of making payment. The regulations may provide that the payment be deferred or made in installments following approval of a development plan, and may require the posting of a good and sufficient surety bond guaranteeing the payment. All funds received in this manner must be held by the local governing body in a special account which must be applied and used only for the purpose of acquiring and developing park, playground, and recreational sites for the benefit of the future residents of the development for which the payment was made. The regulations may also provide that the dedication of land, or the payment of a fee in lieu of it, may be waived, partially or entirely, where a developer provides private open space for park, playground, and recreational purposes, which space is to be privately owned and maintained by future residents of the development where the planning commission finds it to be in the public interest to do so, based upon standards adopted by the local governing body.

(D) The regulations also must provide that the local governing body or an agency of it shall have the final decision in selecting the location of land areas to be dedicated for park, playground, and recreational purposes. In exercising this authority, the local governing body shall take into consideration the variations, the relative desirability, and the market value of the land that may be required to be dedicated within the area of any particular proposed development, so as to lessen any adverse impacts upon the development and the developer.

Section 6-29-1150. After the local governing authority has adopted land development regulations, no subdivision plat or other land development plan within the jurisdiction of the regulations may be filed or recorded in the office of the county where deeds are required to be recorded, and no building permit may be issued until the plat or plan bears the stamp of approval and is properly signed by the designated authority. The submission for filing or the recording of a subdivision plat or other land development plan without proper approval as required by this chapter is declared a misdemeanor and, upon conviction, is punishable as provided by law.

Section 6-29-1160. (A) The land development regulations adopted by the governing authority must include a specific procedure for the submission and approval or disapproval by the planning commission or designated staff. These procedures may include requirements for submission of sketch plans, preliminary plans, and final plans for review and approval or disapproval. Time limits, not to exceed sixty days, must be set forth for action on plans or plats, or both, submitted for approval or disapproval. Failure of the designated authority to act within sixty days of the receipt of development plans or subdivision plats with all documentation required by the land development regulations is deemed to constitute approval and the developer must be issued a letter of approval and authorization to proceed based on the plans or plats and supporting documentation presented. The sixty-day time limit may be extended by mutual agreement.

(B) A record of all actions on all land development plans and subdivision plats with the grounds for approval or disapproval and any conditions attached to the action must be maintained as a public record. In addition, the developer must be notified in writing of the actions taken.

(C) Staff action, if authorized, to approve or disapprove a land development plan may be appealed to the planning commission by any party at interest. The planning commission shall act on the appeal within sixty days and the action of the planning commission is final. An appeal from the decision of the planning commission may be taken to circuit court within thirty days after actual notice of the decision.

Section 6-29-1170. The county official whose duty it is to accept and record real estate deeds and plats may not accept, file, or record a land development plan or subdivision plat involving a land area subject to land development regulations adopted pursuant to this chapter unless the development plan or subdivision plat has been properly approved. If a public official violates the provisions of this section, he is, in each instance, subject to the penalty provided in this article and the affected governing body, private individual, or corporation has rights and remedies as to enforcement or collection as are provided, and may enjoin any violations of them.

Section 6-29-1180. The approval of the land development plan or subdivision plat may not be deemed to automatically constitute or effect an acceptance by the municipality or the county or the public of the dedication of any street, easement, or other ground shown upon the plat. Public acceptance of the lands must be by action of the governing body customary to these transactions.

Section 6-29-1190. In circumstances where the land development regulations adopted pursuant to this chapter require the installation and approval of site improvements prior to approval of the land development plan or subdivision plat for recording in the office of the county official whose duty it is to accept and record the instruments, the developer may be permitted to post a surety bond, certified check, or other instrument readily convertible to cash. The surety must be in an amount equal to at least one hundred twenty-five percent of the cost of the improvement. This surety must be in favor of the local government to insure that, in the event of default by the developer, funds will be used to install the required improvements at the expense of the developer.

Section 6-29-1200. The owner or agent of the owner of any property being developed within the municipality or county may not transfer title to any lots or parts of the development unless the land development plan or subdivision has been approved by the local planning commission or designated authority and an approved plan or plat recorded in the office of the county charged with the responsibility of recording deeds, plats, and other property records. A transfer of title in violation of this provision is a misdemeanor and, upon conviction, must be punished in the discretion of the court. A description by metes and bounds in the instrument of transfer or other document used in the process of transfer does not exempt the transaction from these penalties. The municipality or county may enjoin the transfer by appropriate action.

Section 6-29-1210. (A) A local planning commission created under the provisions of this chapter shall, by proper certificate, approve and authorize the name of a street or road laid out within the territory over which the commission has jurisdiction. It is unlawful for a person in laying out a new street or road to name the street or road on a plat, by a marking or in a deed or instrument without first getting the approval of the planning commission. Any person violating this provision is guilty of a misdemeanor and, upon conviction, must be punished in the discretion of the court.

(B) A commission may, after reasonable notice through a newspaper having general circulation in which the commission is created and exists, change the name of a street or road within the boundary of its territorial jurisdiction:

(1) when there is duplication of names or other conditions which tend to confuse the traveling public or the delivery of mail, orders, or messages;

(2) when it is found that a change may simplify marking or giving of directions to persons seeking to locate addresses; or

(3) upon any other good and just reason that may appear to the commission.

On the name being changed, after reasonable opportunity for a public hearing, the planning commission shall issue its certificate designating the change, which must be recorded in the office of the register of mesne conveyances or clerk of court, and the name changed and certified is the legal name of the street or road.

Section 6-29-1220. In order to provide stability of public requirements and regulations and private commitments for tracts of land of two hundred fifty acres or more, which will be developed over a time frame of ten years or more development agreements are authorized. The agreements may be entered into between the governing body and the property owner which binds either the local government, the property owner, or both, to specific actions at specified times. These development agreements may be amended from time to time upon mutual acceptance of the amendments. Amendments, which must follow zoning amendment procedures, may be initiated by either party to the agreement. The agreements and any amendments to them must be filed in the office of the county where deed records are filed and are covenants which run with the land. These development agreements may only be used with planned development districts."

SECTION 2. Chapter 27 of Title 4, Chapter 23 of Title 5, Section 6-7-310 through Section 6-7-1110 of Chapter 7 of Title 6, and Act 129 of 1963 are repealed, effective five years from the date of approval of this act by the Governor. At the end of five years, all local planning programs must be in conformity with the provisions of this act. During the intervening five years, this act is cumulative and may be implemented at any time.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator HINDS explained the amendment.

Senator HINDS moved that the amendment be adopted.

Senator LEATHERMAN argued contra to the adoption of the amendment.

At 1:31 P.M., Senator MOORE moved under Rule 15A to set a time certain of 1:40 P.M., to vote on the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Cork
Courson Courtney Fielding
Helmly Hinds Holland
Land Leventis Lourie
Macaulay Martschink McGill
Mitchell Moore Mullinax
O'Dell Patterson Peeler
Pope Reese Russell
Saleeby Smith, N.W. Stilwell
Williams

Giese Gilbert Hinson
Leatherman McConnell Passailaigue
Rose Shealy Smith, J.V.
Thomas Wilson

The Senate set 1:40 P.M. as the time certain on which to vote on the amendment.

Senator LEATHERMAN argued contra to the adoption of the amendment.

By prior motion, the time certain had arrived to vote on the amendment.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

S. 452 -- Senator Waddell: A BILL TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.

The House returned the Bill with amendments.

The question being the consideration of Senate amendments to the House amendments.

Senator MOORE spoke on the Bill.

With unanimous consent, Senators MATTHEWS, FIELDING, GILBERT, MITCHELL and PATTERSON proposed the following Amendment No. 2 (RES452.02), which was adopted:

Amend the amendment bearing DOC. NO. RES452.01, after the words \Budget and Control Board\ in the underlined language, by inserting the following:

/which must, at a minimum, incorporate the provisions of Sections 11-35-5210 through 11-35-5270 inclusive,/.

Amend title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

Senators DRUMMOND, GILBERT, MATTHEWS, WASHINGTON, PATTERSON and MITCHELL proposed the following previously proposed Amendment No. 1 (RES452.01), which was printed in the Journal of Tuesday, May 5, 1992.

Senator MOORE explained the amendment.

On motion of Senator WILLIAMS, the Bill was carried over.

S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being the consideration of a Senate amendment to the House amendments.

Senator SALEEBY proposed the following Amendment No. 1 (RES912.01), which was adopted:

Amend the bill, as amended by the House, on Page 14 by striking SECTION 9 in its entirety.

Renumber SECTIONS to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

Senator SALEEBY moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 4158 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.

(By prior motion of Senator THOMAS, with unanimous consent)

The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:

S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.

(By prior motion of Senator BRYAN, with unanimous consent)

H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Senator WILLIAMS asked unanimous consent to make a motion to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The amendment proposed by the Committee on Judiciary (JUD4432.001) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 37, in Section 16-3-85(B)(1), as contained in SECTION 1, by striking /must be imprisoned for at least twenty years to life/ and inserting /may be imprisoned for life but not less than a term of twenty years/ .

Amend the bill further, as and if amended, page 1, beginning on line 40, in Section 16-3-85(B)(2), as contained in SECTION 1, by striking /at least ten years and no more than twenty years/ and inserting /for a term not exceeding twenty years nor less than ten years/ .

Amend the bill further, as and if amended, page 2, line 23, in Section 19-11-30, as contained in SECTION 3, by striking the word /attempting/ and inserting therein:

/attempting attempt/ .

Amend title to conform.

Senator POPE proposed the following Amendment No. 1 (JUD4432.002):

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein:

/SECTION 1. The 1976 Code is amended by adding:

"Section 16-3-85. (A) A person is guilty of homicide by child abuse who causes the death of a child under the age of eleven while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life.

(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse under this section may be imprisoned for life but not less than a term of twenty years.

(C) In sentencing a person under this section the judge shall consider any aggravating circumstances and any mitigating circumstances."/ .

Amend title to conform.

Senator POPE explained the amendment.

On motion of Senator POPE, the Bill was carried over.

H. 4508 -- Reps. Carnell and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AND TO PROVIDE THAT IF A CHECK IS DISHONORED FOR ANY REASON, THIS CONSTITUTES GROUNDS FOR THE COMMISSION TO REVOKE THE LICENSE OR PERMIT ISSUED AND TO REQUIRE ANY FURTHER PAYMENTS FROM THAT APPLICANT TO BE IN CASH OR BY CERTIFIED CHECK.

Senator LOURIE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 4639 -- Reps. Rama, Altman, Felder, P. Harris, Houck, Manly, Tucker and White: A BILL TO AMEND SECTION 44-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF THE CERTIFICATE OF NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE REFERENCES FROM THE STATE MEDICAL FACILITIES PLAN TO THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "AFFECTED PERSON", "HEALTH CARE FACILITY", "HEALTH SERVICE", AND TO ADD THE DEFINITION OF "LIKE EQUIPMENT WITH SIMILAR CAPABILITIES"; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED, SO AS TO DELETE PROVISIONS RELATING TO ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR LOCATED IN A HEALTH CARE FACILITY; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO THE INITIATION OF SERVICES THROUGH CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS AND TERMS, AND TO PROVIDE THAT THE COMMITTEE SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO REVISE THE CONTENT, APPROVAL, AND REVISION PROCEDURES FOR THE PLAN; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO CERTIFICATE OF NEED APPLICATIONS, SO AS TO PROHIBIT CERTAIN DEPARTMENT PERSONNEL FROM COMMUNICATING WITH OTHER PERSONS ABOUT PENDING APPLICATIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOLLOWING COMPLETION OF A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR PROJECT REVIEW CRITERIA AND PROCEDURES; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO THE NONTRANSFERABILITY OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE AND TO EXTEND A CERTIFICATE OF NEED FROM SIX MONTHS TO ONE YEAR ON MAJOR HOSPITAL CONSTRUCTION PROJECTS; TO AMEND SECTION 44-7-240, AS AMENDED, RELATING TO A STATE CONSTRUCTION PROGRAM, SO AS TO CHANGE THE REFERENCE FROM STATE FACILITIES PLAN TO STATE HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS APPOINTED TO THE HEALTH PLANNING COMMITTEE.

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

Senator MOORE moved that when the Senate adjourns on Friday, May 8, 1992, it stand adjourned to meet next Tuesday, May 12, 1992, at 12:00 Noon, which motion was adopted.

At 2:03 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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