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 author of the Epistle to the Hebrews, 3:5-6 TEV:

"Moses was faithful in God's whole house as a servant,

and spoke of the things that God would say in

the future... We are his house, if we keep our

courage and our confidence in what we hope for."
Let us pray.

We know, O Lord, that this State House of ours, which we sometimes call "Caesar's house", is a house of God... just as surely as any temple, synagogue, or church. We worship here through faithful service.

Forgive us when we try to separate the secular from the sacred, thinking that God is concerned only with the sacred.

Teach us to believe that every area of our life is sacred. Every hour is sacred. We are responsible not only to the voters but also... and first of all... to Thee for the way we use our talents and spend our time.

Help us, like Moses, to be faithful as servants.

Amen.

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

Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Fielding
Giese Gilbert Hayes, R.W.
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, N.W. Stilwell Thomas
Washington Williams Wilson

The Senate resumed.

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

The following was received and referred to the appropriate committee for consideration:

Document No. 1467
Promulgated By Department of Health and Environmental Control
X-Rays (Title B)
Received By Lt. Governor May 19, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date September 16, 1992

Senator MARTSCHINK introduced Dr. Lowery P. King of Charleston, South Carolina, Doctor of the Day.

At 12:15 P.M., Senator SETZLER requested and was granted a leave of absence beginning at 3:00 P.M. Wednesday, June 3, 1992, until 9:00 A.M. Thursday, June 4, 1992.

At 1:25 P.M., Senator MARTSCHINK requested and was granted a leave of absence beginning at 2:00 P.M. on Thursday, May 28, 1992, until 2:00 P.M. Friday, May 29, 1992.

Columbia, S.C., May 19, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 14, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Cromer, Manly and Wilder of the Committee of Free Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 14, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
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.
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Senator COURSON asked unanimous consent to make a motion that the Senate go into Executive Session prior to adjournment on Wednesday, May 20, 1992.

Senators PASSAILAIGUE and SALEEBY objected.

At 12:16 P.M., Senator WILLIAMS asked unanimous consent to make a motion that the Senate stand adjourned no later than 1:00 P.M. today.

Senator THOMAS objected.

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.

On motion of Senator LAND, with unanimous consent, the Bill was recalled from the Committee on Agriculture and Natural Resources and ordered placed on the Calendar.

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.

On motion of Senator MOORE, with unanimous consent, the Resolution was recalled from the General Committee.

There was no objection.

The Resolution was read the second time, passed and ordered to a third reading.

On motion of Senator MOORE, with unanimous consent, the Bill was substituted on the Calendar in the place of S. 1536.

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.

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

There was no objection.

The Resolution was read the second time, passed and ordered to a third reading.

On motion of Senator LOURIE, with unanimous consent, H. 4767 was ordered to receive a third reading on Wednesday, May 20, 1992.

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.

On motion of Senator HOLLAND, the House was requested to return the Bill.

Senator HOLLAND asked unanimous consent to make a motion, if the Bill were to be returned from the House, to reconsider the vote whereby the Bill was given a third reading.

There was no objection.

The following were introduced:

S. 1557 -- Senators Shealy and Martschink: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. ORA RIDDLE SHEALY OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

S. 1558 -- Senators Matthews, Williams, Fielding, Gilbert, Mitchell, Patterson, Washington and Setzler: A SENATE RESOLUTION TO WELCOME DR. KOSONIKI KOSO-THOMAS, VICE-CHANCELLOR OF THE UNIVERSITY OF SIERRA LEONE, UPON HIS VISIT TO SOUTH CAROLINA STATE COLLEGE AND TO RECOGNIZE HIM ON WEDNESDAY, MAY 27, 1992.

Whereas, Dr. Kosoniki Koso-Thomas is Vice-Chancellor of the University of Sierra Leone; and

Whereas, the University is composed of three institutions: Fourah Bay College, Njala University, and the Institute of Public Administration and Management; and

Whereas, as Vice-Chancellor, Dr. Koso-Thomas is the chief executive officer of the University of Sierra Leone and provides strategic leadership for those institutions; and

Whereas, the University of Sierra Leone is the only public institution of higher learning in Sierra Leone; and

Whereas, South Carolina State College has an exchange program with the University of Sierra Leone; and

Whereas, Dr. Koso-Thomas is visiting South Carolina State College and is the guest of Dr. Carl Wright of the School of Business. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate welcome Dr. Kosoniki Koso-Thomas, Vice-Chancellor of the University of Sierra Leone, upon his visit to South Carolina State College and wish to recognize him on Wednesday, May 27, 1992.

Be it further resolved that a copy of this resolution be forwarded to Dr. Koso-Thomas.

Referred to the Committee on Invitations.

S. 1559 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. BILLIE S. FLEMING OF MANNING WHO DIED FRIDAY, MAY 8, 1992.

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

S. 1560 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-315 SO AS TO CLARIFY THAT SPECIAL PURPOSE DISTRICTS IN EXISTENCE BEFORE MARCH 7, 1973, MAY HIRE AND DISMISS AND SET THE COMPENSATION OF DISTRICT PERSONNEL, TO PROVIDE THAT PROPERTY OF A SPECIAL PURPOSE DISTRICT PURCHASED WITH DISTRICT FUNDS, HOWEVER PROCURED, IS PROPERTY OF THE DISTRICT, TO PROVIDE THAT SPECIAL PURPOSE DISTRICTS ESTABLISHED BY REFERENDUM BEFORE MARCH 7, 1973, MAY NOT BE REDUCED OR DIMINISHED BY THE COUNTY COUNCIL EXCEPT UPON APPROVAL OF A MAJORITY OF THE DISTRICT'S QUALIFIED ELECTORS IN A REFERENDUM, AND TO PROVIDE THAT A SPECIAL PURPOSE DISTRICT MILLAGE INCREASE APPROVED BY A COUNTY COUNCIL MAY NOT BE DECREASED EXCEPT WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT AND TO PROVIDE AN EXCEPTION.

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

S. 1561 -- Senators Rose and Matthews: A BILL TO PROVIDE THAT THE BOARD OF EDUCATION OF DORCHESTER COUNTY IS ABOLISHED UPON THE ELECTION AND QUALIFICATION OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 AND PROVIDE THAT UPON DISSOLUTION, THE DUTIES AND RESPONSIBILITIES OF THE BOARD ARE DEVOLVED ON THE ELECTED BOARD OF TRUSTEES OF THE RESPECTIVE SCHOOL DISTRICTS IN DORCHESTER COUNTY; AND TO PROVIDE THAT UNTIL THE ELECTION AND QUALIFICATION OF THE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4, THE BOARD IS PROHIBITED FROM INCURRING ANY TYPE OF INDEBTEDNESS OR ENTERING INTO ANY TYPE OF LEASE-BACK OR LEASE-PURCHASE AGREEMENT INVOLVING REAL PROPERTY WITH A PUBLIC OR PRIVATE ENTITY WHERE THE DISTRICT IS THE LESSEE.

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

On motion of Senator ROSE, S. 1561 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4848 -- Rep. Barber: A CONCURRENT RESOLUTION TO DESIGNATE 1992 AS THE YEAR OF PALMETTO DISCOVERY AND OCTOBER 12, 1992, AS PALMETTO DISCOVERY '92 DAY TO BE RECOGNIZED WITH APPROPRIATE CELEBRATIONS THROUGHOUT SOUTH CAROLINA.

Whereas, Columbus Day is celebrated October 12, 1992, in South Carolina; and

Whereas, the South Carolina Department of Parks, Recreation and Tourism, Santee Cooper, the South Carolina State Library, and the Palmetto Project joined together to develop and implement a special year-long celebration of this important event and of the 500th anniversary of the Discovery of America by Christopher Columbus; and

Whereas, Palmetto Discovery '92 is our state's wonderful way of commemorating this momentous event; and

Whereas, South Carolina is a unique and special place which should be discovered by South Carolinians as well as those who live outside our fine State; and

Whereas, the people in each of the forty-six counties in South Carolina have organized to celebrate the heritage of their county; and

Whereas, each county has its own projects to record the special things about that county; and

Whereas, the Palmetto Discovery '92 sites have been designated as official locations that represent the best each county has to offer; and

Whereas, Palmetto Passports, to enhance the discovery of our State, are being distributed through local libraries as the official passport for the discovery celebration in South Carolina; and

Whereas, Palmetto Pride Community Projects are being undertaken to preserve permanently some aspects of local history and heritage and to improve the community; and

Whereas, the Big Click, a discovery photo album, presents a day in the life of South Carolina highlighting the people, places, and things that make our State special; and

Whereas, the Palmetto Discovery '92 celebration event will be held in every county to commemorate a date or activity in the official Discovery celebration for the county. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly designate 1992 as the Year of Palmetto Discovery and October 12, 1992, as Palmetto Discovery '92 Day to be recognized with appropriate celebrations throughout South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Parks, Recreation and Tourism, Santee Cooper, the South Carolina State Library, and the Palmetto Project.

Referred to the Committee on Invitations.

H. 4855 -- Reps. Kinon, J. Harris, Quinn and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF S. SCOTT GRIFFIN AS A MEMBER OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY FROM 1985 UNTIL DECEMBER, 1991.

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

H. 4856 -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE NEARLY TWENTY YEARS OF EXCELLENT AND DEDICATED SERVICE OF ROBERT SNEAD OF ANDERSON COUNTY AS PRINCIPAL OF BELTON-HONEA PATH HIGH SCHOOL, AND EXTENDING BEST WISHES TO HIM FOR SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

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

H. 4857 -- Reps. Waldrop, Sheheen, Beasley, Baxley, J. Brown, Byrd, Corning, Cromer, Harrison, Rogers, Rudnick, Scott, Taylor, Whipper and J. Williams: A CONCURRENT RESOLUTION TO HONOR AND THANK THE LAW FIRM OF NELSON MULLINS RILEY & SCARBOROUGH FOR ITS UNSELFISH SERVICES AND CONTRIBUTIONS OF PRO BONO SERVICES TO THOSE IN NEED IN SOUTH CAROLINA AND TO RECOGNIZE AND CONGRATULATE THIS FIRM FOR RECEIVING THE 1992 AMERICAN BAR ASSOCIATION PRO BONO PUBLICO AWARD.

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

H. 4610 -- Rep. Stoddard: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT ONE PLATE MAY BE ISSUED TO A DEALER OR WHOLESALER REGARDLESS OF WHETHER OR NOT HE HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN SALES OF MOTOR VEHICLES WITHIN THE TWELVE-MONTH PERIOD PRECEDING HIS APPLICATION.

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

Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:

S. 1465 -- Senator Rose: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT AND PROCEDURES USED IN ADJUDICATING CASES, SO AS TO PERMIT THE COURT TO IMPOSE BOTH MONETARY RESTITUTION AND COMMUNITY SERVICE RESTITUTION AS CONDITIONS OF PROBATION, TO REQUIRE JUVENILES PERFORMING COMMUNITY SERVICE RESTITUTION TO PAY A SUPERVISION FEE, TO REQUIRE JUVENILES PAYING MONETARY RESTITUTION TO PAY A SURCHARGE ON THE AMOUNT, AND TO ALLOW THE DEPARTMENT OF YOUTH SERVICES TO RETAIN AND CARRY FORWARD THESE FEES FOR THE PURPOSE OF ADMINISTERING THESE PROGRAMS.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:

S. 1475 -- Senator Moore: A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO REVISE THE DEFINITION OF YOUTHFUL OFFENDER TO INCLUDE THOSE WHO ARE UNDER SEVENTEEN YEARS OF AGE AND WHO HAVE BEEN BOUND OVER TO GENERAL SESSIONS COURT.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:

S. 1531 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, has polled out H. 3589, with no report:

H. 3589 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.

Martin McConnell Courtney
Peeler Moore Leatherman
Shealy Saleeby Courson
Macaulay Giese

Matthews Fielding

Williams McGill Leventis
Mitchell Setzler

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:

H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

H. 3868 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

H. 3869 -- Rep. Snow: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable with amendment report on:

H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.

Ordered for consideration tomorrow.

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

H. 4334 -- Reps. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, has polled out H. 4439, with no report:

H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.

Martin Macaulay Courson
Peeler McConnell Giese
Leatherman Moore Courtney
Saleeby Shealy Matthews
Fielding

Williams McGill Leventis
Mitchell Setzler

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

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.

Ordered for consideration tomorrow.

S. 1464 -- Senators Rose and Reese: A BILL TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESERVATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, THE SEA GRANT CONSORTIUM, THE WATER RESOURCES COMMISSION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, AND THE STATE LAND RESOURCES CONSERVATION COMMISSION.

The House returned the Bill with amendments.

Senator ROSE explained the amendment.

On motion of Senator ROSE, 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. 1554 -- Senator Stilwell: A CONCURRENT RESOLUTION CONGRATULATING SANDRA WELCH OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ON THE COMMENCEMENT OF HER TERM AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS FOR 1992-93.

Returned with concurrence.

Received as information.

S. 1555 -- Senators Robert W. Hayes, Jr., Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, 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, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, SAMUEL R. FOSTER OF YORK COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN HIS NEW POSITION ON THE EMPLOYMENT SECURITY COMMISSION.

Returned with concurrence.

Received as information.

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

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

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.

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.

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

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.

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.

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.

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.

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

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

Senator BRYAN proposed the following amendment (N05\8627.BD), which was adopted:

Amend the bill, as and if amended, Section 17-22-55, SECTION 2, by striking the first sentence and inserting:

/As a condition of admission to the pretrial intervention program of a person charged with a fish, game, wildlife, or commercial fishery-related offense which does not disqualify him for intervention, this person shall pay an additional administrative charge equal to the maximum monetary fine, not to exceed five hundred dollars, which could be imposed for the offense. The administrative charge must be deposited in the game and fish fund of the county where the offense was committed./

Amend title to conform.

Senator BRYAN explained the amendment.

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

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD4258.001) previously proposed by Senator MATTHEWS:

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

/SECTION ____. Section 57-25-150(B) of the 1976 Code is amended to read:

"(B) The Department of Highways and Public Transportation shall issue permits for all signs on location on November 3, 1971, except those signs erected pursuant to items (1), (2), (3), (5), and (6) of subsection (A) of Section 57-25-140. It also shall issue permits for the erection and maintenance of additional outdoor advertising signs coming within the exceptions contained within items (4), (7), and (8) of subsection (A) of Section 57-25-140. Sign owners must be assessed the following fees:

(1) the appropriate annual fee plus an initial nonrefundable permit application fee of one hundred dollars, except that the nonrefundable permit application fee shall be waived for South Carolina farmers advertising agricultural products produced on land that they farm which are for sale to the public and if the signs do not exceed thirty-two square feet;

(2) an annual fee of twenty dollars if the advertising area does not exceed three hundred fifty square feet; and

(3) an annual fee of thirty dollars if the advertising area exceeds three hundred fifty square feet.

The permit fees must be allocated first for administrative costs incurred by the department in maintaining the outdoor advertising program.

The permit number must be displayed prominently on the sign."/

Amend title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

Senators MOORE, PEELER, MATTHEWS, SHEALY, SETZLER and LEVENTIS proposed the following amendment (BBM\10062.JM), which was adopted:

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

/SECTION . Notwithstanding any other provision of law, the Department of Highways and Public Transportation must issue permits for existing signs and outdoor advertising signs on highways in the interstate system or federal-aid primary system in this State that are nonconforming only because a permit was not obtained prior to erection of the sign. The department may not require removal of conforming signs and outdoor advertising signs as a prerequisite to issuing a permit for such signs that would otherwise qualify for a permit./

Renumber SECTIONS to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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

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 take the Bill up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed by Senator POPE, and printed in the Journal of May 7, 1992.

Senator POPE asked unanimous consent to withdraw the amendment.

There was no objection.

Senator POPE proposed the following amendment (JUD4432.004), which was adopted:

Amend the bill, as and if amended, page 1, line 30, in Section 16-3-85(A)(2), as contained in SECTION 1, by striking /allows/ and inserting therein /aids and abets/ .

Amend title to conform.

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

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

Senator HINDS proposed the following amendment (RES4639.001), which was adopted:

Amend the bill, as and if amended, page 7, line 35, by striking the word /equipment./ and inserting in lieu thereof the following:

/equipment, including a finding as to whether the benefits of improved accessibility to each such type of facility, service, and equipment may outweigh the adverse affects caused by the duplication of any existing facility, service, or equipment./

Amend the bill further, as and if amended, page 7, line 40, by inserting after the word /accessibility./ the following:

/Nothing in this provision shall be construed as requiring the department to approve any project which is inconsistent with the State Health Plan./

Amend title to conform.

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

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

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.

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.

S. 1556 -- Senators Passailaigue, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO DESIGNATE SOUTH CAROLINA HIGHWAY 61 EXPRESSWAY IN CHARLESTON COUNTY AS THE "GLENN F. McCONNELL HIGHWAY".

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

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

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.

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.

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 (JUD895.002) was adopted as follows:

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

/SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-1030. (A) Local law enforcement authorities promptly shall investigate reports of criminal offenses alleged to have been committed against a child by an employee of a private school, public school, or school district if the alleged offense occurred on private school, public school, or school district property or during an official school activity.

(B) When an investigation of a report substantiates that an offense occurred, the case promptly must be referred to the circuit solicitor for prosecution.

(C) An employee of a private school, public school, or school district or a member of a school board who has reasonable cause to believe that a criminal offense in subsection (A) has occurred must report the belief to the local law enforcement authority. For the purposes of this section, `reasonable cause to believe' is defined as a reasonable belief, based upon physical, medical, visible, or otherwise determinable evidence, including, but not limited to, scarring, bruising, other physical trauma, or a verbal indication from the child, that a criminal offense under subsection (A) has been committed against the child.

(D) A private school, public school, or school district employee or member of a school board who knowingly fails to report or a person who interferes with the making of a report is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. A person who reports in good faith is immune from civil or criminal liability which may result from the report, and in related proceedings good faith is a rebuttable presumption.

(E) A person convicted of a criminal offense in subsection (A) may not be employed by a private school, public school, or school district unless the governing body of the private school or the local school board determines that the person is rehabilitated and does not pose a threat to the school-aged population of the district.

(F) If a person holding a South Carolina teaching credential issued by the State Board of Education is convicted of a criminal offense, resigns, or is terminated from employment for conduct in subsection (A), the chief administrator of the school or school district must report the conviction, resignation, or termination to the South Carolina State Superintendent of Education."

SECTION 2. Section 20-7-510 of the 1976 Code is amended by adding:

"(D) For the purposes of this section, `reason to believe' is defined as a reasonable belief, based upon physical, medical, visible, or otherwise determinable evidence, including, but not limited to, scarring, bruising, other physical trauma, or a verbal indication from the child, that the child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect."

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

Amend title to conform.

Senator SALEEBY explained the amendment.

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

On motion of Senator SALEEBY, with unanimous consent, S. 895 was ordered to receive a third reading on Wednesday, May 20, 1992.

S. 1536 -- General 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.

On motion of Senator MOORE, with unanimous consent, the Resolution was recommitted to the General Committee.

On motion of Senator MOORE, with unanimous consent, H. 4754 was substituted for S. 1536 on the Calendar.

H. 4525 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, the Resolution was carried over.

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.

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

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.

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

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.

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

H. 4382 -- Rep. Koon: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTIONS OF MR. MARTY HILYER OF LEXINGTON COUNTY IN SAVING THE LIFE OF AN ABANDONED INFANT LEFT IN A DUMPSTER IN RICHLAND COUNTY ON JANUARY 31, 1992, AND URGING APPROPRIATE ACTION BY STATE AGENCIES IF THE INFANT IS PUT UP FOR ADOPTION TO GIVE THE HILYER FAMILY EVERY CONSIDERATION IN ADOPTING THE INFANT.

On motion of Senator MARTSCHINK, the Resolution was carried over.

At 12:55 P.M., Senator WILLIAMS moved that the Senate stand adjourned.

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

Bryan Carmichael Cork
Fielding Hinds Hinson
Land Leventis Martin
Matthews McConnell Mullinax
Patterson Saleeby Washington
Williams

Courson Courtney Giese
Hayes, R.W. Leatherman Lourie
Macaulay Martschink McGill
Moore O'Dell Passailaigue
Peeler Pope Reese
Rose Russell Setzler
Shealy Smith, N.W. Stilwell
Thomas Wilson

The Senate refused to adjourn.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.

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

Senator LAND spoke on the Bill.

Senator LOURIE asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading.

Senator LEATHERMAN objected.

Senator LAND continued speaking on the Bill.

At 1:07 P.M., Senator LOURIE moved under Rule 15A to set a time certain of 1:15 P.M. today to vote on the entire matter of S. 1231.

On motion of Senator LOURIE, with unanimous consent, the motion to set a time certain was withdrawn.

Senator LAND continued speaking on the Bill.

At 1:17 P.M., Senator LOURIE moved under Rule 15A to set a time certain of 1:30 P.M. today to vote on the entire matter of S. 1231.

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

Bryan Cork Courson
Courtney Giese Hayes, R.W.
Lourie O'Dell Peeler
Pope Setzler Stilwell
Thomas

Carmichael Fielding Gilbert
Hinds Hinson Holland
Land Leatherman Leventis
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
Passailaigue Patterson Reese
Rose Russell Saleeby
Shealy Smith, N.W. Washington
Williams Wilson

Having failed to receive the necessary vote, the motion to set a time certain failed.

Senator LAND continued speaking on the Bill.

Senator WILLIAMS asked unanimous consent, with Senator LAND retaining the floor, to make a motion that the Senate stand adjourned.

Senator LOURIE objected.

Senator LAND continued speaking on the Bill.

Senator LAND moved that the Senate stand adjourned.

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

Bryan Carmichael Courtney
Fielding Gilbert Hinds
Hinson Holland Land
Leventis Macaulay Martin
Matthews McConnell McGill
Mitchell Mullinax Patterson
Rose Saleeby Washington
Williams

Cork Courson Giese
Hayes, R.W. Leatherman Lourie
Martschink Moore O'Dell
Passailaigue Peeler Pope
Reese Russell Setzler
Shealy Smith, N.W. Stilwell
Thomas Wilson

Debate was interrupted by adjournment.

At 1:26 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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