Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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, hear the sublime words of the Prophet Isaiah, Chapter 40 (28-31):

"Have you not known? Have you not heard?

The Lord is the everlasting God, the

Creator of the ends of the earth.

He does not faint or grow weary,

His understanding is unsearchable.

He gives power to the faint, and to him who

has no might He increases strength.

Even youths shall faint and be weary, and

young men shall fall exhausted.

But they who wait for the Lord shall renew their strength,

they shall mount up with wings like eagles,

they shall run and not be weary, they shall walk

and not faint."
Let us pray.

As you did guide the wise man of old by the stars of truth from beyond our earth-bound darkness, give us guidance in these days... and help us, indeed, to know what Isaiah meant when he said, "Wait on the Lord."

Grant stability and character to our national spirit.

Help us here, to differ, if we must, on non-essentials... but agree, wholly, on what is best for our people.

If we can't fly like the eagles, nor run without exhaustion... help us to walk without fainting.

Amen.

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

The following were received and referred to the appropriate committees for consideration:

Document No. 1498
Promulgated By Board of Dentistry
Guidelines for Anesthesia
Received By Lt. Governor May 7, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 4, 1992

Document No. 1500
Promulgated By Workers' Compensation Commission
Limitation of Paperwork Filed with Workers' Compensation Commission
Received By Lt. Governor May 11, 1992
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date September 8, 1992

The following were received:

Document No. 1433
Promulgated By Consumer Affairs
Licensing Standards for Continuing Care Retirement Communities
Received By Lt. Governor March 5, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date July 3, 1992
Withdrawn and resubmitted May 6, 1992
Withdrawn and resubmitted May 7, 1992

Document No. 1461
Promulgated By Budget and Control Board
9-1-1 Local Emergency Telephone Services System
Received By Lt. Governor March 13, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date July 11, 1992
Withdrawn and resubmitted May 8, 1992

At 12:00 Noon, Senator SHEALY requested and was granted a leave of absence until 5:00 P.M. today.

At 12:45 P.M., Senator FIELDING requested and was granted a leave of absence for the balance of the day.

Senator WASHINGTON rose to a Point of Privilege.

Senator NELL W. SMITH rose to a Point of Personal Privilege.

At 12:25 P.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying S. 371 at 12:40 P.M.

There was no objection and a message was sent to the House accordingly.

Columbia, S.C., May 12, 1992

Mr. President and Members of the Senate:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill and has ordered the Bill Enrolled for Ratification:
S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House

Received as information.

S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.

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.

Senator MOORE proposed the following Amendment No. 1 (RES1141.001), which was adopted:

Amend the joint resolution, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 44-96-180(F) of the 1976 Code is amended to read:

"(F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per for each lead-acid battery delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State sold to the ultimate consumer, whether the battery is installed by the seller or not. Retail merchants, jobbers, dealers, or other wholesalers receiving new lead-acid batteries from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Tax Commission on a monthly basis. The Tax Commission shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The commission shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The lead-acid battery disposal fee must be credited to the Solid Waste Management Trust Fund by the State Treasurer./

Amend the joint resolution further, as and if amended, page 2, SECTION 3, line 8, by adding a sentence to that SECTION to read as follows:

/Section of this joint resolution takes effect 90 days after approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 2 (RES1141.002), which was adopted:

Amend the joint resolution, as and if amended, by adding a new SECTION 3 to read:

/SECTION 3. Section 44-96-40(23) of the 1976 Code is amended to read:

"(23) `Lead-acid battery' means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery which means a lead-acid battery weighing twenty-five pounds or less, used in non-vehicular, non-SLI (start lighting ignition) applications."/

Amend the joint resolution further, as and if amended, by adding a new SECTION 4 to read:

/SECTION 4. Section 44-96-180(F) of the 1976 Code is amended to read:

"(F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per for each lead-acid battery delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State sold to the ultimate consumer, whether the battery is installed by the seller or not. Retail merchants, jobbers, dealers, or other wholesalers receiving new lead-acid batteries from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Tax Commission on a monthly basis. The Tax Commission shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The commission shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The lead-acid battery disposal fee must be credited to the Solid Waste Management Trust Fund by the State Treasurer."/

Amend the joint resolution further, as and if amended, by adding a new SECTION 5 to read:

/SECTION 5. Section 44-96-180 of the 1976 Code is amended by adding a new subsection (I) to read:

"(I) (1) Within eighteen months after enactment of this subsection, the department shall conduct a study on the recycling and disposal of small sealed lead-acid batteries.

(2) Within twelve months after completion of the study required in paragraph (1), the department must promulgate regulations regarding the proper management and disposal of small sealed lead-acid batteries. It shall be unlawful for any person to incinerate or place any small sealed lead-acid battery in a landfill."/

Amend the joint resolution further, as and if amended, page 2, SECTION 3, by amending that section to read:

/SECTION 6. Section 1 of this joint resolution takes effect January 1, 1992. Sections 2, 5, and 6 of this joint resolution take effect upon approval by the Governor. Sections 3 and 4 of this joint resolution take effect 90 days after approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 3 (BR1\2724.AC), which was adopted:

Amend the resolution, as and if amended, by deleting Section 3 and inserting:

/SECTION 3. Section 44-96-190(B), (C), and (D), as added by Act 63 of 1991, are amended to read:

"(B) Fifteen Twenty-four months after this chapter is effective, no person shall knowingly mix yard trash and land-clearing debris with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill or a resource recovery facility.

(C) Fifteen Twenty-four months after this chapter is effective, no person shall knowingly mix other municipal solid waste with yard trash and land-clearing debris that is intended for collection and disposal at a composting facility. This prohibition does not apply to bags or other containers approved by the operator of the composting facility.

(D) Fifteen Twenty-four months after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept loads composed primarily of yard trash or land-clearing debris unless the landfill provides and maintains a separate waste composting facility and composts all yard trash or land-clearing debris prior to before disposal in the landfill or contracts for the composting of such waste at the facility."

SECTION 4. Section 1 of this joint resolution takes effect January 1, 1992. Sections 2 and 3 of this joint resolution take effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE 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.

H. 4094 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.

On motion of Senator MACAULAY, with unanimous consent, the Bill was recalled from the Legislative Council.

Senator MACAULAY asked that the vote, whereby the Bill was given third reading and ordered enrolled for ratification, be reconsidered.

There was no objection.

On motion of Senator MACAULAY, the Bill was recommitted to the Committee on Medical Affairs.

H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Finance and ordered placed on the Calendar.

H. 4821 -- Reps. Stoddard, Clyborne, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 13, 1992, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE COLLEGE OF CHARLESTON, WINTHROP UNIVERSITY, FRANCIS MARION UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1992 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.

On motion of Senator COURSON, with unanimous consent, the Resolution was recalled from the Committee on Judiciary.

There was no objection.

The Concurrent Resolution was adopted, ordered returned to the House.

The following were introduced:

S. 1543 -- Senator McGill: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE TONEY GRAHAM, SR. OF WILLIAMSBURG COUNTY.

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

S. 1544 -- Senator Martin: A SENATE RESOLUTION COMMENDING MR. T.M. COOK OF FAIRFIELD COUNTY FOR HIS THIRTY-FIVE YEARS OF OUTSTANDING DEVOTION TO EDUCATION AND WISHING HIM HAPPINESS IN HIS RETIREMENT.

The Senate Resolution was adopted.

S. 1545 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE KERSHAW COUNTY COUNCIL SHALL PREPARE THE APPROPRIATE IDENTIFYING SIGN AND SCHEDULE A CEREMONY FOR THE NAMING OF THE BUILDING WHICH HOUSES THE KERSHAW COUNTY SHERIFF'S DEPARTMENT AT 609 LAFAYETTE AVENUE IN CAMDEN AS THE "DEBRUHL BUILDING".

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

On motion of Senator HOLLAND, S. 1545 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3027 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO PROHIBIT THE CAPTURING OR REMOVAL FROM THE WATERS OF THIS STATE AND THE DISPLAY OF A MAMMAL OF THE ORDER CETACEA (DOLPHINS AND WHALES) AND TO PRESCRIBE PENALTIES FOR VIOLATIONS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3132 -- Reps. Baxley, Wilder, Manly, Wells, Whipper and Waites: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.

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

H. 3669 -- Rep. Wofford: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO RECEIVE FEDERAL AND STATE TAX REFUNDS FROM AN OBLIGOR WHO IS DELINQUENT IN HIS COURT-ORDERED CHILD SUPPORT AND WHO QUALIFIES FOR SUBMITTAL UNDER STATE OR FEDERAL LAW EVEN IF THE OBLIGOR IS IN COMPLIANCE WITH A COURT ORDER REQUIRING PERIODIC PAYMENTS TOWARD SATISFACTION OF THE DELINQUENCY OR THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE BY COURT ORDER.

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

H. 4146 -- Reps. Wells, McGinnis, Wright, Riser, Canty, Littlejohn, Beatty and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-287 SO AS TO PROHIBIT AN INSURER, INCLUDING ANY AGENT OR ADJUSTER FOR SUCH INSURER, WHICH ISSUES OR RENEWS IN THIS STATE ANY POLICY OF INSURANCE COVERING, IN WHOLE OR IN PART, ONE OR MORE MOTOR VEHICLES FROM REQUIRING ANY INSURED UNDER THE POLICY TO USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF MOTOR VEHICLE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED IN WHOLE OR IN PART BY THE POLICY, TO PROVIDE FOR CERTAIN PROCEDURES WHICH MAY BE FOLLOWED AND FOR CERTAIN OTHER PROHIBITED ACTS, TO REQUIRE THE STATE INSURANCE COMMISSION, THROUGH THE DEPARTMENT OF INSURANCE, TO ADMINISTER AND ENFORCE THIS SECTION AND PROMULGATE REGULATIONS, TO PROVIDE FOR A CRIMINAL FINE, AND TO PROVIDE A PROCEDURE FOR THE IMPOSITION OF AN ADMINISTRATIVE FINE BY THE DEPARTMENT OF CONSUMER AFFAIRS UNDER CERTAIN CONDITIONS OR REVOCATION OF BUSINESS LICENSE, OR BOTH.

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

H. 4264 -- Reps. Kempe, Harvin, Neilson, J. Harris, Rudnick, McElveen, Cromer, Baxley, Snow, Rogers, Keyserling and Beatty: A BILL TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER SHALL REQUIRE A REDUCTION IN MOTOR VEHICLE LIABILITY INSURANCE RATES FOR A THREE-YEAR PERIOD FOR ANY PERSON WHO VOLUNTARILY ATTENDS AND SUCCESSFULLY COMPLETES A MOTOR VEHICLE ACCIDENT PREVENTION COURSE APPROVED BY THE COMMISSIONER.

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

H. 4452 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-475 SO AS TO PROHIBIT EAVESDROPPING ON CELLULAR OR CORDLESS TELEPHONES AND CELLULAR RADIO TELEPHONES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

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

H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.

Read the first time and on motion of Senator J. VERNE SMITH, with unanimous consent, ordered placed on the Calendar without reference.

H. 4604 -- Rep. Wilkins: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.

Read the first time and on motion of Senator ROBERT W. HAYES, JR., with unanimous consent, ordered placed on the Calendar without reference.

H. 4822 -- Reps. Townsend, Cooper, P. Harris, Tucker and Chamblee: A BILL TO AMEND ACT 269 OF 1989, RELATING TO TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REQUIRE THE SCHOOL BOARD TO DETERMINE THE TAX MILLAGE WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THE STATE ANNUAL APPROPRIATIONS ACT AND TO PROVIDE AN EXCEPTION.

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

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, has polled out H. 4361, favorable with amendment:

H. 4361 -- Reps. Wright, Harrelson, A. Young, J. Bailey, Rhoad, Koon, McLeod, Hallman, G. Bailey, Meacham, Sturkie, Sharpe, P. Harris, Smith, Farr, M.O. Alexander, Felder, Neilson, Snow, Foster, Whipper, J. Williams, Wells, Townsend, T.C. Alexander, Vaughn, Keegan, Huff, Wofford, Cato, L. Martin, Harvin, Stoddard, Jennings, Chamblee and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.

J. Verne Smith McConnell Nell W. Smith
Drummond Moore Patterson
Saleeby Leatherman Gilbert
Setzler Fielding Helmly
Lourie Matthews Hinds
Leventis Stilwell Mullinax

Ordered for consideration tomorrow.

S. 123 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.

The House returned the Bill with amendments.

On motion of Senator McCONNELL, 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. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, 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.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

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

H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.

S. 1483 -- Senator Shealy: A BILL TO AMEND SECTION 38-77-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO ADD THE VIOLATION OF NOT HAVING A HEADLIGHT IN GOOD WORKING ORDER TO THE OFFENSE FOR WHICH NO AUTOMOBILE INSURANCE PREMIUMS MAY BE INCREASED AS A RESULT OF THAT VIOLATION.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators HINSON, BRYAN, CARMICHAEL, CORK, COURTNEY, DRUMMOND, FIELDING, GIESE, GILBERT, ROBERT W. HAYES, JR., HELMLY, HOLLAND, LAND, LEATHERMAN, LEVENTIS, LOURIE, MARTIN, MARTSCHINK, MATTHEWS, McCONNELL, McGILL, MITCHELL, MOORE, MULLINAX, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, POPE, REESE, ROSE, RUSSELL, SHEALY, J. VERNE SMITH, NELL W. SMITH, STILWELL, THOMAS, WASHINGTON, WILLIAMS and WILSON proposed the following amendment (RES1483.01), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Section 38-77-360(A) of the 1976 Code is amended to read:

"(A) A person who is guilty of a violation, for a first offense, of Section 56-5-5310 for not having a taillight in good working order or a person who is guilty of a violation, for a first offense, of Section 56-5-1520 for driving too fast for conditions may not have his automobile insurance premiums increased as a result of that violation.

In addition, if an insured is involved in a motor vehicle accident where he or she is not the at-fault driver, the automobile insurance premiums of the insured may not be increased as a result of the accident unless the insured is convicted of or pleads guilty or nolo contendere to a moving traffic violation which mandates the assessment of four or more points as provided by law."/

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:

H. 4700 -- Reps. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer, Rama, Inabinett, D. Martin, Gonzales and R. Young: A BILL TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION TO BE SUBMITTED TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE DETERMINED BY COUNCIL.

H. 4799 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93.

S. 1520 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.

Senator LAND explained the Bill.

H. 4275 -- Reps. Hallman, D. Martin, Whipper, Corbett, Holt, Barber, R. Young, Fulmer, J. Bailey and Gonzales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-725 SO AS TO ADD THE MAYOR OF MT. PLEASANT, SOUTH CAROLINA, AS AN EX OFFICIO MEMBER OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.

H. 4358 -- Rep. Phillips: A BILL TO AMEND SECTION 40-56-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.

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.

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

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

The following Bills having been read the second time were passed and ordered to a third reading:

H. 4277 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.

S. 1427 -- Senators Williams and Drummond: A BILL TO AMEND SECTION 33-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGISTRATION FEES UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS, TO AMEND SECTION 33-55-90, RELATING TO CONTRACTS AND AGREEMENTS BETWEEN CHARITABLE ORGANIZATIONS AND PROFESSIONAL FUND-RAISING COUNSEL OR SOLICITORS, SO AS TO DELETE CERTAIN PROVISIONS WHICH PERMIT THE SECRETARY OF STATE TO DISAPPROVE CONTRACTS OR AGREEMENTS WHERE HE CONCLUDES THEY INVOLVE EXCESSIVELY HIGH FUND-RAISING COSTS AND WHICH PROHIBIT THE CARRYING OUT OF DISAPPROVED CONTRACTS OR AGREEMENTS, TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-95 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR THE SATISFACTION OF REGISTRATION REQUIREMENTS BY CHARITABLE ORGANIZATIONS, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITORS, AND TO REPEAL SECTION 33-55-80, RELATING TO COMPENSATION OF PROFESSIONAL SOLICITORS.

H. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator PEELER proposed the following amendment (N05\8588.BD), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

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

"Section 50-3-318. Without expending additional personal service funds, conservation officers may be transferred temporarily for not more than six months to counties requiring additional law enforcement manpower. When a conservation officer is transferred under this section, county game funds expended for the acquisition of supplies and equipment must be expended from the game funds of the county to which the officer is transferred."/

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.

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

The amendment proposed by the General Committee (GEN4239.001) was adopted as follows:

Amend the bill, as and if amended, page 2, by striking lines 2 through 4 and inserting in lieu thereof the following:

/ required to appoint any of the persons recommended. The Director of Veterans Affairs and shall be is subject to removal by the Governor for cause." /

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 1436 -- Senators Leatherman, Peeler, J. Verne Smith, Helmly, Matthews and Nell W. Smith: 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.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator HINDS proposed the following amendment (BR1\2654.AC):

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. Section 44-7-190 of the 1976 Code, as last amended by Act 670 of 1988, is further amended to read:

"Section 44-7-190. The department shall adopt, upon approval of the board, Project Review Criteria which, at a minimum, must provide for the determination of need for health care facilities, beds, services, and equipment, to include demographic needs, appropriate distribution, and utilization; accessibility to underserved groups; availability of facilities and services without regard to ability to pay; absence of less costly and more effective alternatives; appropriate financial considerations to include method of financing, financial feasibility, and cost containment; consideration of impact on health systems resources; site and building suitability; consideration of quality of care; and relevant special considerations as may be appropriate. The department shall give special consideration to approving applications where the benefits accruing to the community served by the proposed project outweigh adverse effects on other residents of the health service area in which the proposed project is located or on residents of the State at large.
The Project Review Criteria must be adopted as a regulation pursuant to the Administrative Procedures Act."/

Renumber sections to conform.

Amend title to conform.

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

H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator ROSE proposed the following amendment (RES3425.01):

Amend the bill, as and if amended, page 1, after line 43, by adding an appropriately numbered SECTION to read:

/SECTION . Chapter 15 of Title 23 of the 1976 Code is amended to read:

"Section 23-15- . No public official, public member, or public employee, as defined in Chapter 13 of Title 8, who is a law enforcement official may derive any personal income from providing food or any other product or service to a prisoner."/

Renumber sections to conform.

Amend title to conform.

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

H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.

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

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.

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

H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.

Senator MOORE explained the amendment.

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

At 1:29 P.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying S. 371 on Wednesday, May 13, 1992, at 11:15 A.M.

There was no objection and a message was sent to the House accordingly.

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jack Warren Tompkins, Jr. of Columbia, S.C.

MOTION ADOPTED
On motion of Senator LAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Billie S. Fleming, Sr. of Manning, S.C.

At 1:30 P.M., on motion of Senator WILLIAMS, with unanimous consent, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Tuesday, June 30, 2009 at 8:55 A.M.