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Initial Appointment, Member, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:

2nd Congressional District:

Mr. Ed Duryea, 3 Riverside Lane, Beaufort, S.C. 29902 VICE Sue C. Erwin (resigned)

The confirmation was ordered referred to Judiciary Committee.

The Senate returned to the House with amendments the following:

H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4778 -- Reps. G. Bailey, J. Wilder, J. Bailey, Richardson, Fulmer, Kennedy, Hallman, Canty, Law, Wofford, H. Brown, Inabinett, Sharpe, Cobb-Hunter, Elliott, Moody-Lawrence, Askins, Worley, Holt, Townsend, McMahand, Davenport, G. Brown, Simrill, A. Young, R. Smith, Littlejohn, Jaskwhich, Stone, Rhoad, Mattos, Stuart, Boan, Govan, Sturkie, Chamblee, McKay, McLeod, Farr, Williams, Hines, Neilson, Hutson, Wells, J. Harris, Allison, Phillips, M.O. Alexander, Walker, Gamble, Marchbanks, Whipper, Houck, Keegan, Witherspoon, Spearman, Klauber, D. Wilder, Neal, Shissias, Baker, McCraw, Vaughn, Breeland, Kirsh, Wilkes, Barber, Haskins, Fair, Stille, Harrell, Lanford, Wright, Graham, D. Smith, White, Meacham, T.C. Alexander, Carnell, Tucker, Waites, Trotter, Kelley, Stoddard, Robinson, P. Harris, Cato, Koon, Riser and Scott: A BILL TO AMEND THE CODE OF LAWS OF

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 782 -- Senators Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR PATIENT FUNDS AND ACCURATE RECORDS WHEN REQUIRED TO DO SO BY STATE OR FEDERAL LAW, REGULATION, OR POLICY, TO MAKE IT UNLAWFUL FOR A PROVIDER TO REMOVE, TRANSFER, OR OTHERWISE USE THESE PATIENT FUNDS FOR A PURPOSE OTHER THAN THAT WHICH IS AUTHORIZED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO GRANT CERTAIN POWERS TO THE ATTORNEY GENERAL FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS FOR ALLEGED OR SUSPECTED VIOLATIONS; AND TO REQUIRE A PERSON TO COMPLY WITH CERTAIN REQUESTS OR SUBPOENAS OF THE ATTORNEY GENERAL AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1020 -- Senators J. Verne Smith and Russell: A BILL TO AMEND SECTIONS 4-3-280 AND 4-3-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 1145 -- Senators Richter, Courtney and Waldrep: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

Ordered for consideration tomorrow.

The following was introduced:

H. 5226 -- Rep. Farr: A HOUSE RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. NINA LEE WILLARD SKELTON OF UNION AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 5227 -- Reps. Govan, Inabinett, Neilson, McElveen, Hutson, J. Brown, Wofford, Neal, Shissias and Wells: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES TO CONTINUE TO EXAMINE THE FAIRNESS OF THE CHILD SUPPORT GUIDELINES, PARTICULARLY WITH RESPECT TO THE SPECIFIC CATEGORIES WHICH MAKE UP THE CHILD SUPPORT GUIDELINES AMOUNT AND TO REPORT ITS FINDINGS TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE GENERAL COMMITTEE BY NOVEMBER 1, 1994, FOR

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 1424 -- Senator Macaulay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARTHA TODD ALEXANDER RILEY OF SENECA, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 5228 -- Rep. Stone: A BILL TO PROHIBIT THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FROM INCREASING ITS ANNUAL BUDGET MORE THAN FIVE PERCENT FROM THE PREVIOUS FISCAL YEAR WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT APPROVING THE INCREASE.

On motion of Rep. STONE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1408 -- Senator Courtney: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THAT COUNTY, AND TO ABOLISH THE COUNTY BOARD; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR ITS COMPOSITION AND CHAIRMAN, AND PROVIDE FOR ITS POWERS, FUNCTIONS, AND DUTIES; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY AND THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED

Rep. WALKER moved to waive Rule 5.12, which was agreed to by a division vote of 4 to 0.

On motion of Rep. WALKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Barber           Baxley
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Carnell
Cato             Chamblee         Clyborne
Cobb-Hunter      Cooper           Corning
Cromer           Davenport        Delleney
Elliott          Fair             Farr
Fulmer           Gamble           Gonzales
Govan            Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Haskins          Hines
Hodges           Holt             Houck
Hutson           Inabinett        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Koon             Littlejohn
Marchbanks       Mattos           McAbee
McCraw           McElveen         McMahand
McTeer           Meacham          Moody-Lawrence

Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rudnick
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stone            Stuart
Townsend         Trotter          Vaughn
Waites           Waldrop          Walker
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Williams         Witherspoon
Wofford          Wright           Young, A.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, May
24.
Harold G. Worley         Timothy F. Rogers
Woodrow M. McKay         James N. Law
John W. Tucker, Jr.      Thomas E. Huff
Alma W. Byrd             Dell Baker
Paula H. Thomas          John G. Felder
C. Lenoir Sturkie        Eugene C. Stoddard
C. Alex Harvin, III      Ralph W. Canty
B. Hicks Harwell         Lindsey O. Graham
Donald W. "Don" Beatty

The SPEAKER granted Rep. LANFORD a leave of absence for the day.

The COMMITTEE OF CONFERENCE, to whom was referred: H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey,

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Title 59 of the 1976 Code is amended by adding:

Section 59-50-10. There is established the South Carolina Governor's School for the Arts and Humanities to provide training for exceptional artistically talented students and serve as a research and resource center for all students and teachers in South Carolina. The school is dedicated to serving talented students in South Carolina who show exceptional talent, promise, aptitude, and interest in creative writing, dance, music, theater, and the visual arts. This residential school shall provide intensive preprofessional and professional instruction in the arts and a strong academic and humanities program which will lead to a high school diploma and college credits.

Section 59-50-20. The school is governed by a board of directors composed of not more than fifteen members, as follows:

(1) one member from each congressional district, appointed by the Governor;

(2) four members from the State at large, appointed by the Governor;

(3) the Chairman of the Joint Legislative Committee on Cultural Affairs who serves ex officio;

(4) the State Superintendent of Education who serves ex officio;

(5) the Executive Director of the Commission on Higher Education who serves ex officio;

(6) two other members may be appointed at the discretion of the Governor and the chief administrative officer of the school if determined to be beneficial to the development of the school.

Members appointed by the Governor serve for terms of four years and until their successors are appointed and qualify, except that of those first appointed, the members representing the First, Second, and Third

In making the appointments, the Governor shall seek to obtain the most qualified persons from business, industry, and the educational and arts communities.

The board of directors shall explore renovating or building appropriate facilities for the school.

Section 59-50-30. The board shall establish and approve the curriculum of study. The curriculum shall include intensive, in-depth, preprofessional instruction in the arts as well as a broad based innovative academic and humanities program which constitutes the Southern Association and the state department approved courses of study and requirements for graduation. The program also must include advanced academic studies.

Section 59-50-40. The school shall admit students in accordance with the admission criteria, standards, and procedures as established and approved by the board. To be eligible for admission to the school, an applicant must be a legal resident of South Carolina unless a special exemption is established to accept out-of-state or international exchange students or until the Governor and board change the requirement. Students must be identified as artistically talented and possess a high level of commitment, motivation, and maturity. The board shall assure, as far as possible and without jeopardizing admission standards, that an equal number of students are admitted from each of the state's congressional districts.

Section 59-50-50. The chief administrative officer of the school is the executive director, who is appointed by the board, serves at its pleasure, and administers all affairs of the school, subject to policies, rules and regulations adopted by the board. The executive director or his designee serves as secretary of the board of directors and reports at all board meetings and annually to the board on the status of the school, its needs and recommendations to carry the school forward to fulfill its mission.

Section 59-50-60. The board of directors may adopt policies and regulations necessary for the operation and management of the school.

Section 59-50-70. The board shall establish a foundation and maintain an endowment fund for the school." SECTION 2. There is created a study committee which shall determine the desirability and feasibility of providing additional state funding to establish a year-round Governor's School for the Arts and Humanities, recommend the location of such a school, and review the

(1) one member of the House Ways and Means Committee appointed by the Speaker of the House;

(2) one member of the House Education and Public Works Committee appointed by the Speaker of the House;

(3) one member of the Senate Finance Committee appointed by the chairman of the committee;

(4) one member of the Senate Education Committee appointed by the chairman of the committee;

(5) the State Superintendent of Education or the superintendent's designee;

(6) the chairman of the Commission on Higher Education or the chairman's designee; and

(7) one member appointed by the Governor.

The study committee shall report its findings to the General Assembly no later than April 1,1995, and the study committee terminates when the report is made.

SECTION 3. SECTION 1 of this act takes effect on July 1, 1995, and SECTION 2 takes effect upon approval of this act by the Governor./

Amend title to conform.

/s/Senator J. Verne Smith/s/Rep. Jean L. Harris /s/Senator Wes Hayes /s/Rep. Olin R. Phillips /s/Senator John Matthews /s/Rep. Michael F. Jaskwhich

On Part of the Senate. On Part of the House.

Rep. J. HARRIS explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 26, which was adopted.

S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 5028 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.

The motion of Rep. HODGES to reconsider the vote whereby the following Bill was given a second reading was taken up and agreed to.

S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.

Rep. HODGES spoke in favor of the motion to reconsider.

The motion to reconsider was agreed to.

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