Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of the Prophet Isaiah, in the 8th century before Christ (11:2,3,4):
"And the Spirit of the Lord shall rest upon him,

the spirit of wisdom and understanding, the

spirit of counsel and might, the spirit of knowledge

and the fear of the Lord.
He shall not judge by what his eyes see, or decide

by what his ears hear; but with righteousness he

shall judge..."
Let us pray.

Father, we are a part of a fellowship seeking hope in a world of fear... seeking peace in a world of conflict.

But we believe that You have not sent us here to voice our doubts and our fears and our misgivings.

So, lift up our hearts, and send us with a happy glow to face every challenge that today may bring!

Help us to understand that, if the mighty potential of our State and nation is to be realized, we must heed the prophetic injunction recorded in Zachariah (4:6):

"Not by might, nor by power, but by My Spirit, saith

the Lord of Hosts!"

Amen!

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

Columbia, S.C., February 24, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3425 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS PROHIBITING AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A CITATION FOR CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF A COUNTY OR MUNICIPAL ORDINANCE AND WHO IS FOUND GUILTY OF THAT VIOLATION MAY NOT HAVE HIS PREMIUMS INCREASED AS A RESULT OF A FIRST OFFENSE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Senator J. VERNE SMITH introduced Dr. John P. Evans of Greenville, S.C., Doctor of the Day.

At 12:00 Noon, Senator MARTIN requested a leave of absence for the balance of the day.

On motion of Senator RICHTER, at 12:10 P.M., Senator GIESE was granted a leave of absence for today.

At 12:10 P.M., Senator RICHTER requested a leave of absence for Tuesday, March 2, 1993.

H. 3457 -- Reps. McAbee, Carnell, D. Wilder, Waldrop, Stoddard, Klauber and Stille: A BILL TO AMEND ACT 670 OF 1976, AS AMENDED, RELATING TO GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-10 AND 43-41-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND COMPOSITION OF THE COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO GLEAMNS AND TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-30 AND 43-41-80, BOTH RELATING TO COMPOSITION OF THE COMMISSION AND ADDING MEMBERS BY PETITION, SO AS TO DELETE OUTDATED FEDERAL REFERENCES; AND TO REPEAL SECTION 43-41-50 RELATING TO THE PROCESS FOR APPOINTING MEMBERS TO THE COMMISSION.

Senator WALDREP asked unanimous consent to make a motion to recall the Bill from the General Committee.

There was no objection.

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

The following were introduced:

S. 471 -- Senators Washington and Mescher: A SENATE RESOLUTION CONGRATULATING THE WALTERBORO HIGH SCHOOL BAND OF BLUE OF COLLETON COUNTY ON THE INVITATION IT HAS RECEIVED TO MARCH IN THE 1994 TOURNAMENT OF ROSES PARADE IN PASADENA, CALIFORNIA, ENCOURAGING THE CITIZENS AND BUSINESSES OF SOUTH CAROLINA TO ASSIST THE BAND'S FUNDRAISING EFFORTS FOR THE PURPOSE OF ACCEPTING THE INVITATION AND REPRESENTING THE STATE, AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SENATE TO A REPRESENTATIVE GROUP FROM THE WALTERBORO HIGH SCHOOL BAND OF BLUE ON A DATE AND AT A TIME TO BE DETERMINED BY THE SENATE'S PRESIDENT FOR THE PURPOSE OF BEING RECOGNIZED AND PRESENTED A COPY OF THIS RESOLUTION.

Whereas, the Walterboro High School Band of Blue of Colleton County recently received an invitation to march in the 1994 Tournament of Roses Parade in Pasadena, California; and

Whereas, the band will be representing the State of South Carolina and the southeastern United States on New Year's Day, 1994, on national television; and

Whereas, no marching band from the Palmetto State has been invited to participate in this prestigious event since 1969; and

Whereas, participation will be expensive, but the band is already working diligently to raise the total $250,000 needed to make the trip; and

Whereas, the Walterboro High Band of Blue consists of 255 members and, under the direction of Bill Young (program director for the past nineteen years), has won the South Carolina State AAAA Marching Championships in 1982, 1986, 1989, 1990, and 1991 and is the current 1992 state champion; and

Whereas, the band performed for President Carter's inaugural in 1977, for Governor Riley's inaugural parade in 1983, and for Governor Campbell's inaugural parades in 1987 and 1991; and

Whereas, this is an outstanding and highly deserving group of young musicians, and all the citizens of South Carolina are extremely proud that they have been selected to represent this State in such a prestigious manner. Now, therefore,

Be it resolved by the Senate:

That the Senate of the State of South Carolina, by this resolution, congratulates the Walterboro High School Band of Blue of Colleton County on the invitation it has received to march in the 1994 Tournament of Roses Parade in Pasadena, California.

Be it further resolved that the citizens and businesses of South Carolina are strongly encouraged to assist the band's fundraising efforts for the purpose of accepting the invitation and representing the State.

Be it further resolved that the privilege of the floor of the Senate is extended to a representative group from the Walterboro High School Band of Blue on a date and at a time to be determined by the Senate's President for the purpose of being recognized and presented with a copy of this resolution.

Referred to the Committee on Invitations.

S. 472 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN AND HORRY COUNTIES.

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

S. 473 -- Senator Moore: A BILL TO AMEND CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ESTABLISH A MANDATORY HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER DECEMBER 31, 1973, TO ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

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

S. 474 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-890 SO AS TO PROHIBIT CERTAIN ACTIVITIES BY A PERSON EMPLOYED BY OR PERFORMING ACTIVITIES INCIDENTAL TO THE BUSINESS OF A PERSON LICENSED OR PERMITTED FOR THE SALE OF ALCOHOLIC LIQUORS, BEER, OR WINE AND PROVIDE EXCEPTIONS AND PENALTIES.

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

S. 475 -- Senators Elliott, Leatherman, Giese, Stilwell, Matthews, Courtney, Greg Smith, Bryan and Passailaigue: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT FOR PROMULGATING REGULATIONS, SO AS TO PROVIDE THAT TESTS, STANDARDS, AND CRITERIA USED BY AN AGENCY IN EVALUATING LICENSE OR PERMIT APPLICATIONS COME WITHIN THE DEFINITION OF A "REGULATION".

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

S. 476 -- Senators J. Verne Smith, Leatherman, McConnell, Reese, Elliott, McGill, O'Dell, Courson, Giese, Drummond, Ryberg and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO ARCHITECT, CONSTRUCTION MANAGER, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING ARCHITECTURAL SERVICES, CONSTRUCTION MANAGEMENT SERVICES, ENGINEERING SERVICES, LAND SURVEYOR SERVICES, OR LANDSCAPE ARCHITECTURAL SERVICES RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY PRACTICES UNLESS SPECIFICALLY ASSUMED BY CONTRACT, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.

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

S. 477 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SCHOOL SUPERINTENDENT OF LAURENS SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE DEFINED MINIMUM PROGRAM FOR SO LONG AS THE SUPERINTENDENT OF THE DISTRICT IS A REEMPLOYED RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM.

Senator BRYAN spoke on the Joint Resolution.

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

S. 478 -- Senators Macaulay, O'Dell, Ford, McConnell, Passailaigue, Richter, Rose, Greg Smith and Washington: A CONCURRENT RESOLUTION CONGRATULATING THE CITADEL ON THE OBSERVANCE OF ITS SESQUICENTENNIAL.

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

H. 3413 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE SALUDA RIVER BRIDGE ON HIGHWAY 39 AT CHAPPELLS IN HONOR OF W. E. SPEARMAN, SR.

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

H. 3414 -- Reps. Farr, McCraw, Neilson, Boan, Rhoad, Phillips, Waldrop, McAbee, Stoddard, D. Wilder and Carnell: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ACT AS MAY BE NECESSARY TO AVOID THE CLOSING OF DEPARTMENT OF AGRICULTURE OFFICES WHERE THE IMPACT OF SUCH CLOSINGS ON RURAL COUNTIES WOULD BE DETRIMENTAL.

Whereas, the United States Secretary of Agriculture under the Bush Administration proposed, just before leaving office in January, to restructure the Department of Agriculture by sharply cutting its number of agencies and field offices; and

Whereas, the new Secretary of Agriculture, the Honorable Mike Espy of Mississippi, has these proposals under review; and

Whereas, the Department of Agriculture is in the process of determining which local county offices it will close or relocate to other counties; and

Whereas, these officers include those of the Farmers Home Administration, the United States Soil Conservation Service, and Agricultural Stabilization and Conservation Service; and

Whereas, if certain local county offices in rural areas are shut down or moved to more distant counties, people will have to travel great distances for assistance with their needs, thereby causing severe hardship especially for low-income persons; and

Whereas, it is hoped that consideration for closing offices will be given with respect to larger programs before considering a plan that would be detrimental to rural counties across the country. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, memorializes Congress to act as may be necessary to avoid the closing of Department of Agriculture offices where the impact of such closing on rural counties would be detrimental.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate; the Speaker of the United States House of Representatives; the Honorable Mike Espy, United States Secretary of Agriculture; and all eight members of the South Carolina Congressional Delegation, all at Washington, D.C.

Referred to the Committee on Agriculture and Natural Resources.

H. 3504 -- Reps. Stuart, Cromer and Gamble: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE THE NECESSARY FUNDING FOR THE IMPLEMENTATION OF A SERVICE WHICH CONGRESS MANDATES A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION TO PROVIDE AND TO RELIEVE AND EXEMPT A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ALL ENFORCEMENT OBLIGATIONS OR DUTIES IN SUCH SITUATIONS.

Whereas, Congress has by legislation on various occasions required a state, county, municipality, or other political subdivision to implement or provide a service without, at the same time, providing the necessary funding for the state, county, municipality, or other political subdivision to implement or provide the service; and

Whereas, in such situations the financial burden for complying with the act of Congress has fallen squarely on the shoulders of the state, county, municipality, or other political subdivision and has become a burden which is too heavy to bear any longer; and

Whereas, if Congress wants a particular service to be provided at the state or local level, the Congress should in all fairness provide the necessary funds; if such funding cannot be found by Congress at the national level, the Congress should realize and understand that it would be even more difficult, if not impossible, for a state, county, municipality, or other political subdivision to provide the necessary funds; and

Whereas, enforcement obligations or duties imposed by Congress, in these situations, on the states, counties, municipalities, and other political subdivisions make it difficult for these governmental entities to function and perform their normal obligations in the federal system. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, memorializes Congress to provide the necessary funding for the implementation of a service which Congress mandates a state, county, municipality, or other political subdivision to provide and to relieve and exempt a state, county, municipality, or other political subdivision from all enforcement obligations or duties in such situations.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and all eight members of the South Carolina Congressional Delegation, all at Washington, D.C.

Referred to the Committee on Judiciary.

H. 3576 -- Reps. Keyserling and Richardson: A CONCURRENT RESOLUTION TO APPLAUD THE EFFORTS OF THE SOUTH CAROLINA AFFILIATE OF THE AMERICAN HEART ASSOCIATION IN RECOGNITION OF FEBRUARY 1993 AS AMERICAN HEART MONTH.

Whereas, in response to the need to reduce heart disease in a state that has the highest rate of heart disease of any state in the nation; and

Whereas, diseases of the heart and blood vessels kill almost one million Americans, with these diseases claiming the lives of more than 12,000 South Carolinians annually; and

Whereas, the American Heart Association through its South Carolina affiliate fights heart disease through fundraising for research, public awareness programs, and education programs in the state's schools; and

Whereas, in South Carolina the heart death rate is second in the nation, with a high percentage of deaths being that of African-Americans; and

Whereas, Colonel Charles Bolden, a South Carolina native and NASA astronaut of African descent, has taped a series of public service announcements to increase awareness to African-Americans; and

Whereas, the American Heart Association through its South Carolina affiliate is conducting research to determine the environmental and/or genetic factors that promote heart disease in South Carolina's citizens. Now, therefore,

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

That February 1993 is designated American Heart Month in South Carolina.

Be it further resolved that the House of Representatives applaud the efforts of the South Carolina Affiliate of the American Heart Association in recognition of February 1993 as American Heart Month and that a copy of this resolution be forwarded to Dr. Bill Bestermann of Beaufort, President of the South Carolina Affiliate of the American Heart Association.

Referred to the Committee on Invitations.

H. 3099 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MOTOR VEHICLE SUBLEASING AND LOAN ASSUMPTION BROKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1524, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3510 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (LITTLE PEE DEE RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3511 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAND RESOURCES CONSERVATION COMMISSION, RELATING TO AMENDMENTS TO THE DAMS AND RESERVOIRS SAFETY ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1581, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3512 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: LEAD-ACID BATTERIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1598, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3513 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMIT CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1599, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3514 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: WHITE GOODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1600, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3527 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAMS, THE DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3528 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TRADE AND INDUSTRIAL EDUCATION TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1579, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education

H. 3529 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BUILDINGS AND GROUNDS, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Education

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

S. 66 -- Senator Stilwell: A BILL TO AMEND SECTION 40-60-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE APPRAISERS, SO AS TO REQUIRE A REAL ESTATE LICENSEE TO MAKE CERTAIN SPECIFIC DISCLOSURES WHEN PERFORMING ANY MARKET ANALYSIS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a majority favorable and Senator SALEEBY a minority unfavorable report on:

S. 347 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE THAT ANY PROVISION APPLYING TO PARTNERSHIPS RELATING TO ACCOUNTANTS REQUIRING CERTAIN QUALIFICATIONS OR REQUIREMENTS OF A PARTNER SHALL ALSO APPLY TO A MEMBER OR MEMBERS OF PROFESSIONAL CORPORATIONS AND THAT PERSONS LICENSED AS ACCOUNTANTS MAY OPERATE IN ANY FORM ALLOWED BY LAW; TO AMEND SECTION 40-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION AND EDUCATION REQUIREMENTS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO INCLUDE FIVE YEARS EXPERIENCE TEACHING ACCOUNTING IN A COLLEGE OR UNIVERSITY RECOGNIZED BY THE BOARD AS ONE OF THE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 40-1-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WAIVER OF EXAMINATION FOR A PERSON CERTIFIED IN ANOTHER STATE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO PROVIDE FOR FOREIGN RECIPROCITY WHEN SUCH JURISDICTIONS HAVE SUBSTANTIALLY EQUIVALENT REQUIREMENTS AS SOUTH CAROLINA; TO AMEND SECTION 40-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF CERTIFICATE OF COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS, SO AS TO PROVIDE THAT ANNUALLY OR ON OR BEFORE THE LAST DAY OF FEBRUARY A CERTIFICATE OF COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS MUST BE FILED WITH THE BOARD; TO AMEND SECTION 40-1-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF A LICENSE OR PERMIT, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY CERTIFICATE OF A CERTIFIED PUBLIC ACCOUNTANT OR A LICENSE OF A PUBLIC ACCOUNTANT; TO AMEND SECTION 40-1-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY LICENSE OR PERMIT OF AN ACCOUNTING PRACTITIONER; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-50, SO AS TO PROVIDE THAT IN ORDER TO BRING A NEGLIGENCE ACTION AGAINST ANY ACCOUNTANT, PARTNERSHIP OF ACCOUNTANTS, OR ANY ACCOUNTING CORPORATION, IN THE COURSE OF ACCOUNTANCY SERVICES, THE PLAINTIFF MUST BE IN PRIVITY OF CONTRACT WITH THE ACCOUNTANT, PARTNERSHIP OF ACCOUNTANTS, OR ANY ACCOUNTING CORPORATION; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-55, SO AS TO PROVIDE FOR ACTIONS BROUGHT FOR MONEY DAMAGES AGAINST ACCOUNTANTS, PARTNERSHIP OF ACCOUNTANTS, OR ANY ACCOUNTING CORPORATION, TO PROVIDE FOR PROPORTIONATE LIABILITY IF A JUDGMENT IS RENDERED AGAINST AN ACCOUNTANT, PARTNERSHIP OF ACCOUNTANTS, OR ANY ACCOUNTING CORPORATION; AND TO AMEND ARTICLE 1, CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-60, SO AS TO PROVIDE THAT THE NON-PREVAILING PARTY OF AN ACTION BROUGHT UNDER THIS ACT SHALL BE SUBJECT TO ATTORNEY'S FEES AND COSTS OF THE PREVAILING PARTY IF THE COURT DOES NOT DETERMINE THAT THE ACTION WAS SUBSTANTIALLY JUSTIFIED.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3071 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 12-4-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS REQUIRED OF PERSONS WHO REPRESENT TAXPAYERS IN THE ADMINISTRATIVE TAX PROCESS BEFORE A STATE OR LOCAL TAX AUTHORITY, SO AS TO ALLOW A REAL ESTATE APPRAISER TO REPRESENT A TAXPAYER IN AN ADMINISTRATIVE MATTER LIMITED TO THE VALUATION OF REAL PROPERTY AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:

H. 3404 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF ITS REGULATION BY THE LICENSING BOARD FOR CONTRACTORS, AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE OR APPLY TO A BUSINESS OR INDIVIDUAL SUBJECT TO LICENSING OR REGISTRATION UNDER THE RESIDENTIAL HOME BUILDERS LAW WHO INSTALLS FIRE ALARM SYSTEMS THAT ARE NOT MONITORED IN RESIDENTIAL BUILDINGS OR STRUCTURES.

Ordered for consideration tomorrow.

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

S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.

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

The amendment proposed by the Committee on Education (EDU329.01) was adopted as follows:

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

/Whereas, the national education goals call for all children to be ready for school by the year 2000; and

Whereas, those goals also call for all students to have mastered challenging subject matter by grades 4, 8, and 12 and for a ninety percent high school graduation rate; and

Whereas, those goals can only be attained in South Carolina through a concerted effort to ensure that children enter school with a firm foundation of support for learning, and that once in school they receive the assistance they need to move from grade to grade with their peers; and

Whereas, the Education Improvement Act of 1984 and Target 2000 have allowed South Carolina to move forward toward those goals and experience with the EIA has shown a need for even greater emphasis on the act's purposes of preparation for school and assistance to students with academic difficulties that is flexible and maintains them on grade level. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. (A) This act is known and may be cited as the Early Childhood Development and Academic Assistance Act of 1993.

(B) It is the purpose of the General Assembly in this act:

(1) to place an emphasis on early childhood education and prevention while promoting assistance for students at every grade level which is more flexible and tailored to individual needs and learning styles;

(2) to focus the state's resources on academic success and prevention of academic problems;

(3) to establish the expectation that by providing extra assistance and learning time that enables young students to attain essential skills and success all children will be prepared for the fourth grade and all students will graduate from high school with their peers;

(4) to promote the advancement of developmentally appropriate curriculum and coordinated programs from preschool through grade three which are supportive of the curriculum for grades four through twelve; and

(5) to allow districts and schools greater flexibility in providing targeted, coordinated programs of student assistance.

SECTION 2. Title 59 of the 1976 Code is amended by adding:

Section 59-139-10. Beginning in fiscal year 1995-96 in the annual general appropriations act, the General Assembly shall determine an appropriation level for the academic assistance initiative. The State Board of Education through the Department of Education shall promulgate regulations to implement a system to provide a pro rata matching of the weighted pupil units pursuant to Section 59-20-40 to the pupils in the districts of the State who are in:

(1) kindergarten through grade three who are eligible for the federal free- and reduced-price lunch program at a weight of .26;

(2) grades four through twelve who score below minimum basic skills act standards in reading, mathematics, or writing, or their equivalent, at a weight of .114.

Funds generated by kindergarten through grade three students must be used by the districts and schools to provide to any student in these grades needed academic assistance. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by each student. Based upon the district and school plans provided for in Section 59-139-20, a portion of these funds may be used to support other components of the early child development initiative in order to better prepare children for entering school. Further, districts may request a waiver from the State Board of Education to use a portion of the funds generated by students in kindergarten through grade three for students in grades four through twelve, if such a change promotes better coordination of state and federal funds provided for programs for these children.

Funds generated by students in grades four through twelve must be used to provide any student with needed academic assistance with an emphasis on assistance at the time of need and on accelerating the progress of students performing below their peers. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by the student. Enhanced opportunities for learning must be emphasized. In reviewing the districts' plans, provided for in Section 59-139-20, the State Board of Education shall stress district and school flexibility in addressing student needs.

Section 59-139-20. (A) The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop and implement regulations requiring that beginning in school year 1993-94 and continuing through school year 1994-95, each school district, in coordination with its schools, and each school in the district shall design a comprehensive, long-range plan with annual updates to carry out the purposes of this chapter. To that end, the plans shall:

(1) establish an early childhood initiative which integrates the planning and direction of the half-day program for four-year-olds, established in Section 59-19-65, the parenting program, established in Section 59-1-450, school practices in kindergarten through grade three, and any other federal, state, or district programs for preschool children in the district in order to better focus on the needs of this student population;

(2) develop an academic assistance initiative to support students with academic difficulties in grades four through twelve with academic difficulties so they are able to progress academically and move through school with their peers; and

(3) provide staff training, upon appropriation of funds by the General Assembly for this purpose, to prepare and train teachers and administrators in the teaching techniques and strategies needed to implement the district and school plan.

(B) The State Board of Education, through the Department of Education, shall establish criteria by regulation for the comprehensive plan and the annual updates to be prepared by each district and school so that the plans address, but are not limited to, the interrelationship of the various components of the early child development initiative and the academic assistance initiative, strategies to be implemented for expanding and improving early child development activities, plans for accelerating the performance of students performing below their peers, methods of assessing the efficacy of these strategies, and the coordination of the strategies with federally funded programs. However, in every instance, district and school plans should be derived from strategies found to be effective in education research.

The plans must contain performance goals, interim performance goals, and time lines for progress. The methods of assessing the efficacy of the strategies must provide data regarding the impact of the strategies and whether they should be continued, modified, or terminated.

(C) The design for the early child development initiative must include:

(1) the formation and implementation of the parenting/family literacy component which addresses, but is not limited to, collaboration in each district with health and human service agencies, and adult education programs, as well as the other components of the early child development initiative;

(2) the development and implementation of a developmentally appropriate curriculum from early childhood education through grade three. Options available to districts and schools to address student needs include, but are not limited to: tutorials, multiage grouping for four- and five-year-olds, reduction in kindergarten pupil-teacher ratios, expanded kindergarten day, multiage grouping in the primary grades, assistance after school hours, on weekends, or in summer programs, additional slots in the half-day program, and programs for three-year-olds; and

(3) the establishment of activities for assisting children and their parents with the transitions between the various levels of schooling and phases of education.

(D) The design for the academic assistance component must address alternatives to year-long and pull-out remediation of students. Options available to districts and schools include, but are not limited to: tutorials, class acceleration, extended day programs, and summer assistance. Districts and schools may choose to target resources in certain grade levels or areas of learning but must have academic assistance plans both for preschool through grade three and for grades four through twelve.

(E) The school improvement council established in Section 59-20-60 shall assist in the development of the school plan required by this section and the plan and the annual updates must be a part of the school improvement report.

(F) Districts desiring to use the funds available to begin implementing an early childhood initiative and the academic assistance initiative for school year 1993-94 or for 1994-95 may request approval from the State Board of Education and for needed waivers from regulation, if the district has implemented a planning process consistent with the intent of this chapter and the district plan meets the criteria established for this section.

Section 59-139-30. By December, 1993, the State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop criteria for the monitoring of the district and school plans and the implementation of the plans required in this chapter.

Section 59-139-40. By September, 1993, the Department of Education, in consultation with the State Board of Education and the Select Committee, shall develop a written plan outlining the process for providing technical assistance to districts in designing their overall plans and implementing those plans, including compiling and disseminating research on effective practice and contracting with recognized groups for providing expertise to the districts and schools in the areas addressed by this chapter.

Section 59-139-50. The State Board of Education, through the State Department of Education and in consultation with the Select Committee, shall establish an assessment system to evaluate the degree to which the purposes of this chapter are met. To that end, the State Board of Education, through the Department of Education shall:

(1) develop or adapt a developmentally appropriate assessment program to be administered to all public school students by the end of grade three that is designed to measure a student's strengths and weaknesses in skills required to perform academic work considered to be at the fourth grade level. Information on each student's progress and on areas in need of improvement must be provided to the student's parent and fourth grade teacher. Aggregated information on student progress must be given to the students' kindergarten through third grade schools so that deficiencies in the schools' academic programs can be addressed;

(2) review the performance of students on the eighth grade basic skills assessment test and performance on the exit examination pursuant to Section 59-30-10, or their equivalent, for progress in meeting the skill levels required by these examinations. Student data must be aggregated by the schools the students attended so that programs' deficiencies can be addressed;

(3) review the data on students overage for grade in each school at grades four and nine;

(4) monitor the performance of schools and districts so that continuing weaknesses in the programs preparing students for the fourth grade, ninth grade, and exit examination shall receive special assistance from the Department of Education; and

(5) propose other methods or measures for assessing how well the purposes of this chapter are met.

Section 59-139-60. The half-day program for four-year-old children established in Section 59-19-340, must be maintained at no less than the 1993-94 level in each school district as funded by the General Assembly.

Section 59-139-70. If a review of a district's comprehensive plan indicates the goals and time lines established by the district are not being met, the Department of Education, after consultation with the district's administration, shall provide targeted technical assistance. If after two consecutive years, the district is not making progress toward achieving its goals, the State Board of Education, through the State Department of Education, shall enter into a partnership with the district board of trustees to review implementation of the district's comprehensive plan, make recommendations for improvement, and provide assistance in implementing the recommendations.

SECTION 3. Section 59-1-450 of the 1976 Code is amended to read:

"Section 59-1-450. Upon the appropriation of funds by the General Assembly for this purpose, the State Department of Education is directed to review programs which are effective in providing The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall promulgate regulations for establishing parenting/family literacy programs to support parents support in their role as the principal teachers of their preschool children. The purpose of the review is for the State Board of Education to select or adapt a program or programs, after consultation with the Select Committee, for pilot testing in South Carolina during 1989-90 and 1990-91. The selected or adapted The programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.

After pilot testing, the The State Board of Education, through the Department of Education and after consultation with the Select Committee, shall promulgate regulations to implement parent education parenting/family literacy programs in all school districts or consortia of school districts. Implementation of the programs in the districts must be phased in over three years. Priority must be given to serving those parents whose children are considered at-risk for school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, those parenting programs funded under the Target 2000 Act shall receive priority in funding for fiscal years 1993-94 and 1994-95 and must be funded at no less than the level received in fiscal year 1992-93 contingent upon their agreeing to provide technical assistance to other districts and schools planning and implementing parenting/family literacy programs in concert with the Department of Education's technical assistance process required in this chapter.

Beginning in fiscal year 1995-96 for districts with Target 2000 Act parenting programs and in fiscal year 1993-94 for all other school districts and district consortia, funding must be allocated to districts and consortia serving more than two thousand five hundred pupils on a base amount of not less than forty thousand dollars with any additional appropriation to be distributed based on the number of free- and reduced-price-lunch eligible students in grades one through three in a district or consortium relative to the total free- and reduced-price-lunch eligible students in grades one through three in the State. each school district must be allocated an amount determined by computing the percentage of all families with children ages birth through five years served statewide as compared with those families who are served by the school district and multiplying this percentage by the total statewide appropriation for the program.

The programs developed in each district and consortium may draw upon lessons learned from parenting programs funded under this section during 1992-93.

An evaluation of the programs pilot-tested shall be provided by March 1, 1991, and of all implemented programs by December first annually thereafter to the Select Committee and Business-Education Subcommittee.

Regulations of the State Board of Education causing parent education programs to be implemented in the school districts must allow districts to develop or select an alternative program for implementation in the district, if the program meets criteria for initial approval by the board. The board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the program which is acceptable to the board or its designee. To continue to use an alternative program, a school district must demonstrate the success of the program in accordance with the approved evaluation component. A school district using an alternative program must receive an allocation from the appropriation by the General Assembly for this program which is equal to the allocation the district would receive if the district used the program or programs selected or adapted by the board.

The State Board of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department of Health and Environmental Control, Department of Social Services, and Health and Human Services Finance Commission, and with adult education and early childhood specialists. In developing the regulations, the State Board and State Department of Education shall consider the guidelines developed for the Target 2000 Act parenting programs and any available evaluation data.

By December, 1993, the chairman of the Human Services Coordinating Council shall convene a committee consisting of supervisors of programs dealing with early childhood and parenting from the Department of Education, Department of Health and Environmental Control, the Department of Social Services, and the Health and Human Services Finance Commission; at least one representative from each of these agencies who administer these programs at the county and district level; and adult education and early childhood specialists. The executive director of the Finance Commission shall chair this committee. By July 1, 1994, this committee shall report to the Select Committee and the Joint Committee on Children ways to better coordinate programs for parenting and literacy and recommend changes to each agency's state regulations or provisions of law which would better promote coordination of programs. The Department of Health and Environmental Control, the Department of Social Services, and the Health and Human Services Finance Commission shall direct their employees at the county and district levels to cooperate with school district officials in establishing parenting/family literacy programs."

SECTION 4. Section 59-5-65(8) of the 1976 Code is amended to read:

"(8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. These programs must be developed in consultation with the Interagency Coordinating Council on Early Childhood Development and Education. The Interagency Coordinating Council shall consult with the Advisory Committee for Early Childhood Education in developing proposals to submit for State Board of Education consideration. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures. the readiness test and the BSAP tests administered in grades 1, 2, and 3. The Governor shall initiate the development of a state plan on early childhood development and education to assist the state in providing appropriate services for preschool children. This plan must be completed by July 1, 1985.

School districts without an early childhood development program during the 1988-89 school year may obtain a waiver from the regulation requiring provision of a program. The waiver may be granted by the State Board of Education for one year, if a school district is unable to implement a program because of unavailability of classroom space and other facilities, including appropriate facilities which may be rented by the school district at a reasonable fee. School districts which are unable to implement a program because of a lack of district facilities may use a portion of the district's allocation under this program to rent appropriate space for one year. The portion of the district's allocation which may be used for rent must be determined by the State Board of Education in conjunction with the School Board of Trustees."

SECTION 5. Section 59-20-40(1)(c) of the 1976 Code is amended to read:

"(1)(c) Weightings, used to provide for relative cost differences, between programs for different students are established in order that funds may be equitably distributed on the basis of pupil needs. The criteria for qualifications for each special classification must be established by the State Board of Education according to definitions established in this article and in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund programs approved by the State Board of Education. Pupil data received by the Department of Education is subject to audit by the department. Cost factors or weightings are as follows:
Pupil Classification Weightings

(1) Kindergarten pupils 1.30

(2) Primary pupils (grades 1

through 3) 1.24

(3) Elementary pupils (grades

4 through 8) -- base

students 1.00

(4) High school pupils (grades 9

through 12) 1.25
Special Programs for Exceptional

Students Weightings

(5) Handicapped 1.74

a. Educable mentally

handicapped pupils

b. Learning disabilities pupils

(6) Handicapped 2.04

a. Trainable mentally

handicapped pupils

b. Emotionally handicapped pupils

c. Orthopedically handicapped pupils

(7) Handicapped 2.57

a. Visually handicapped pupils

b. Hearing handicapped pupils

(8) Speech handicapped pupils 1.90

(9) Homebound pupils 2.10
Vocational Technical Programs Weightings
(10) Pre-vocational 1.20
(11) Vocational 1.29
Add-on Weights for Compensatory and Remediation Early Childhood Development and Academic Assistance Weightings
(12) Grades 1-6 Compensatory

Early Childhood Development 0.39 0.26
(13) Grades 2-6 Remediation

Academic Assistance 0.10 0.114
(14) Grades 7-12 Remediation 0.12
Adult Education
(15) (14) Adult education 0.15

Each student in the State must be counted in only one of the first eleven pupil classifications. Students shall generate funds for early childhood development and academic assistance in accordance with Section 59-139-10. Students determined to need compensatory instruction and remediation must be counted additionally under the twelfth through fourteenth classification. If a student is determined not to meet minimum standards in reading, mathematics, or writing of the Basic Skills Assessment Act or is "not ready" for first grade, and qualifies under state department regulations, a pupil may be counted once for each area for the purposes of calculating the district's remedial weighted pupil units. The State Board of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board of Education.

School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40."

SECTION 6. Section 59-3-90 of the 1976 Code is amended to read:

"Section 59-3-90. During the 1984-85 1993-94 school year the State Department of Education shall develop or select provide recommendations and assist districts in conducting in-service training programs for teachers based on the findings and research it derives from the study of effective schools and classrooms and from district plans developed in accordance with Section 59-139-20. All of the school districts of this State must have implemented the in-service an on-going, long-range professional development training programs in support of effective schools and classrooms and as indicated by district plans no later than by the 1986-87 1994-95 school year."

SECTION 7. Section 59-19-340 of the 1976 Code is amended to read:

"Section 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before November first of the applicable school year in child development programs. The board of trustees of school districts having may establish and provide programs serving three- and four-year-olds on the date of enactment of this section may continue to serve three-year-old four-year-old children."

SECTION 8. Section 59-5-65 of the 1976 Code is amended by deleting item (9).

SECTION 9. Section 59-20-40 of the 1976 Code is amended by deleting item (7).

SECTION 10. Sections 59-65-410 through 59-65-460 of the 1976 Code are repealed.

SECTION 11. This act takes effect upon approval by the Governor.

Amend title to conform.

Senator STILWELL explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 340 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSIONER OF MENTAL HEALTH ACTING AS THE CONSERVATOR FOR A PATIENT IN A STATE FACILITY AND RECEIVING FUNDS ON BEHALF OF AND FOR THE USE OF SUCH A PATIENT, SO AS TO DELETE THE PROVISION REQUIRING A BALANCE LEFT BY A DECEASED PATIENT TO BE RETURNED TO THE JUDGE OF PROBATE IN THE PATIENT'S COUNTY FOR DISTRIBUTION.

S. 341 -- Senator Bryan: A BILL TO AMEND SECTION 44-24-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S REVIEW AND DISPOSITION OF A CHILD ADMITTED AS AN INPATIENT TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE COURT MAY FIND A CHILD WAS ADMITTED INVOLUNTARILY BUT THAT THE ADMISSION WAS NECESSARY AND TO PROVIDE REQUIREMENTS WHEN THIS IS THE FINDING.

S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.

S. 470 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO STANDARDS FOR FACILITIES IN WHICH SOUTH CAROLINA PUBLIC RECORDS ARE STORED AND MAINTAINED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1503, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 5 -- Senators Williams and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.

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 (JUD5.002) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 24, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-33. A referendum must be held to approve the creation of a county police department prior to the implementation of an ordinance adopted by a county council which would duplicate or replace the law enforcement functions of a sheriff. As used in this section, the term law enforcement means those activities and duties which require the exercise of custodial arrest authority by a sheriff or his duly appointed and sworn deputy or the performance of duties conferred by state law upon a sheriff and those activities incidental to the performance of law enforcement duties.

Nothing in this section shall be construed as a limitation on the authority of a county council to provide litter control and animal control, to appoint and commission code enforcement officers as provided for in Section 4-9-145, to provide other services not directly related to law enforcement, to exercise the powers conferred by general law upon counties to protect the public health, safety, and general welfare of the community, or to adopt capital and operating budgets for the operation of the county as provided for in Section 4-9-140.

A county council may provide for E-911 services as provided for in Chapter 47 of Title 23; provided, however, that access to criminal records databases and other similar restricted databases relating to law enforcement functions must remain under the supervision of the sheriff or his designee unless law enforcement functions are transferred to a county police department pursuant to a referendum provided for in this section."/ .

Amend title to conform.

Senator STILWELL explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator STILWELL, S. 5 was ordered to receive a third reading on Friday, February 26, 1993.

S. 6 -- Senators Williams, Leventis and Passailaigue: A BILL TO AMEND SECTIONS 1-3-220, 1-3-240, AND 1-3-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL POWER, SO AS TO PROVIDE THAT THE GOVERNOR MAY REMOVE ANY PERSON APPOINTED BY HIM WITHOUT CAUSE; TO AMEND SECTION 8-1-80, RELATING TO CERTAIN PUBLIC OFFICERS CONVICTED OF SPECIFIED CRIMES, SO AS TO FURTHER CLARIFY THIS SECTION; TO AMEND 8-1-100, RELATING TO THE GOVERNOR'S DISCRETION TO SUSPEND STATE AND COUNTY OFFICERS INDICTED FOR ANY CRIME, SO AS TO CLARIFY THAT SUSPENSION IS MANDATORY IN CASES WHERE THE CRIME COMMITTED IS EMBEZZLEMENT OR THE MISAPPROPRIATION OF PUBLIC OR TRUST FUNDS; AND TO REPEAL SECTION 8-1-90.

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 (JUD6.004) 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. Section 1-3-240 of the 1976 Code is amended to read:

"Section 1-3-240. (A) Any officer, county or State of the county or State, except (1) an officer whose removal is provided for in Section 3 of Article XV of the State Constitution and, or (2) an officer guilty of the offense named in Section 22 8 of Article IV VI of the Constitution , or (3) pursuant to subsection (B) of this section, an officer of the State appointed by a Governor, either with or without the advice and consent of the Senate, who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, or persistent neglect of duty in office, or who persists in holding an office to which he has been appointed or elected the duties of which he has not the capacity properly to discharge incapacity shall be subject to removal by the Governor of the State upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard.

(B) Any person appointed to a state office by a Governor, either with or without the advice and consent of the Senate, other than those officers enumerated in subsection (C) may be removed from office by the Governor at his discretion by an Executive Order removing the officer.

(C) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(1) Workers' Compensation Commission;

(2) Alcoholic Beverage Control Commission;

(3) Tax Commission;

(4) Ethics Commission;

(5) Election Commission;

(6) Labor Commission."

SECTION 2. Section 1-3-250 of the 1976 Code is amended to read:

"Section 1-3-250. Any such An officer, other than a state officer appointed by the Governor pursuant to subsection (B) of Section 1-3-240, either with or without the advice and consent of the Senate, shall have the right of appeal from any order of removal by the Governor under Section 1-3-240 to the resident or presiding judge of the circuit in which such the officer resides. The judge shall hear and determine the appeal both as to law and fact upon the record as made before the Governor and upon such additional evidence as he shall see fit to allow. The notice of appeal shall be served upon the Governor, or his secretary, within five days after the service upon such the officer of the order of the Governor removing him and shall state the grounds thereof and name the circuit judge to whom the appeal is taken. Thereupon the Governor shall forthwith transmit to such the judge the record in the case, including a copy of the order of removal, grounds of removal, evidence in support thereof and return of service and any other matter which in his judgment may be considered by the court. The circuit judge shall within twenty days after the taking of such the appeal, or in such shorter time as may be practical, hear and determine such the appeal, after giving to the parties reasonable notice of the time and place of hearing. Appeal from the judgment of the circuit judge to the Supreme Court may be had as in any other appeal at law. Such The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit."

SECTION 3. Section 8-1-80 of the 1976 Code is amended to read:

"Section 8-1-80. Any public officer whose authority is limited to a single election or judicial district who shall be is guilty of any official misconduct, habitual negligence, habitual drunkenness, corruption, fraud, or oppression shall be liable to indictment and, upon conviction thereof, shall be fined not exceeding more than one thousand dollars and imprisoned not exceeding more than one year.

The presiding judge before whom any public officer convicted under this section is tried shall order a certified copy of the indictment to be immediately transmitted to the Governor who must, upon receipt of the indictment, by proclamation declare the office to be vacant. The office must be filled as in the case of the death or resignation of the officer."

SECTION 4. Section 8-1-100 of the 1976 Code is amended to read:

"Section 8-1-100. Except as provided in Section 8-1-110, Any State any state or county officer who is indicted in any court for any crime may, in the discretion of the Governor, be suspended by the Governor, who in event of suspension shall appoint another in his stead until he shall be acquitted. In case of conviction, the office shall be declared vacant by the Governor and the vacancy filled as provided by law."

SECTION 5. Section 22-1-30 of the 1976 Code is amended to read:

"Section 22-1-30. Such magistrates A magistrate may be suspended or removed by order of the Governor Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. The Governor shall report any suspension, with the cause thereof, to the Senate at its next session, for its approval or disapproval."

SECTION 6. Section 8-1-90 of the 1976 Code is repealed.

SECTION 7. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3287 -- Reps. Inabinett, Kelley, Gonzales, Holt, Govan, Byrd, Waites, Corning, Shissias, Harrell, Whipper, Riser, Canty, J. Brown, R. Young, Law, Keyserling, Williams and Stille: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 6, 1993) AS "LEGISLATIVE FAMILY DAY 1993" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1993".

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

H. 3520 -- Reps. Byrd, J. Brown, Cobb-Hunter, Scott, Waites, Inabinett, White, Shissias, J. Bailey, Whipper, Neal, Harrell, Stille, Rogers, Hines, McMahand, Anderson, Breeland, Canty, Beatty, Corning, Wofford, Moody-Lawrence, Barber, Kennedy, Klauber, Harvin and Cromer: A CONCURRENT RESOLUTION DESIGNATING WEDNESDAY, MARCH 3, 1993, AS "NATIONAL COUNCIL OF NEGRO WOMEN LEGISLATIVE RECOGNITION DAY" IN SOUTH CAROLINA.

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

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

S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Amendment No. 9, (174R016.GGR), proposed by Senators REESE and MITCHELL and previously printed in the Journal of Wednesday, February 24, 1993.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 9 was withdrawn.

Senator SALEEBY proposed the following Amendment No. 7 (174R015.EES) previously carried over on Wednesday, February 24, 1993, which was tabled:

Amend the committe report, as and if amended, by adding on page 174-2, after line 29, the following new language:

/ Be it further resolved that Rule 7A of the Rules of the Senate is amended to read as follows:

If a Senator in speaking, or otherwise violates the Rules of the Senate, the presiding officer shall, or any member may, by raising a point of order, call him to order; and when a member is called to order by the President or under a point of order, he shall sit down and may not proceed without leave of the Senate. Every question of order must be decided by the President, without debate, subject to an appeal to the Senate. The President may call for the Sense of the Senate on any question of order.

On a question of order regarding an affirmative requirement to or a prohibition from taking a specific act or adhering to a specific standard, the Senate shall be governed by the Constitution, its own Rules, Jefferson's Manual and Precedents established thereunder and shall not be governed by any statutory requirement or prohibition except upon a vote of a majority of the membership establishing a sense of the Senate that any such statutory requirement or prohibition shall govern the actions of the Senate. /

Amend title to conform.

Senator SALEEBY argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.

Senator SALEEBY asked unanimous consent to make a motion that the following Amendment No. 13 (174R024.GFM) proposed by Senator McCONNELL be substituted for Amendment No. 7:

Amend the committee report, as and if amended, by adding on page 174-2, after line 29, the following new language:

/Be it further resolved that Rule 7A of the Rules of the Senate is amended to read as follows:

Except for Section 11-11-440 of the Code of Laws of South Carolina, 1976, constitutional provisions, the Senate Rules, Jefferson's Manual, or Senate precedents, no amendment to the Annual Appropriation Bill shall be out of order as in conflict with a statute unless it violates a statutory provision requiring affirmative action as a condition precedent to enactment of the provision or a prohibition from taking a specific act prior to enactment./

Amend title to conform.

Senator ROSE objected.

Senator McCONNELL moved to lay Amendment No. 7 on the table.

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

Cork Courson Gregory
Hayes Leatherman Macaulay
Martin McConnell Mescher
O'Dell Passailaigue Peeler
Rankin Richter Rose
Russell Ryberg Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Williams Wilson

Bryan Courtney Ford
Glover Holland Lander
Matthews McGill Mitchell
Moore Patterson Reese
Saleeby Short Washington

The amendment was laid on the table.

Senator ROSE proposed the following Amendment No. 12 (174R022.MTR), which was tabled:

Amend the committee report, as and if amended, by adding after line 33 the following:

/Be it further resolved, that Rule 32 of the Rules of the Senate is amended by denominating the current text of Rule 32 as Section A and adding a new Section B to read as follows:

No member may make, participate in making, or in any way attempt to use his office or membership to influence a decision regarding an appointment of the member or a family member of the member. For the purpose of this rule, `family member' shall mean a spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild or an individual claimed by the member as a dependent for income tax purposes."/

Renumber sections to conform.

Amend title to conform.

Senator ROSE argued in favor of the adoption of the amendment and Senators McCONNELL and STILWELL argued contra.

Senator STILWELL moved to lay the amendment on the table.

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

Bryan Cork Courson
Courtney Glover Gregory
Hayes Holland Lander
Leatherman Matthews McConnell
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Russell
Ryberg Saleeby Short
Smith, J.V. Stilwell Waldrep
Washington Williams Wilson

Ford Jackson Macaulay
McGill Mescher Richter
Rose Smith, G. Thomas

The amendment was laid on the table.

The Committee on Rules proposed the following amendment (RES174.002), which was adopted:

Amend the Resolution, as and if amended, by striking all after the resolving clause and inserting:

That subsection (b) of Rule 45 of the Rules of the Senate is amended to read:

"(b) All papers, documents, complaints, charges, requests for advisory opinions, and any other material in the possession of the committee, relating to conduct or disciplinary action against members, are strictly confidential. All such documents or materials are to repose in the office of the Clerk of the Senate and are to be handled by the Clerk in a manner prescribed in Section 20 of Rule 413 on Disciplinary Procedure unless made public by the committee in a report to the Senate.

All proceedings of the Ethics Committee are strictly confidential and only those actions or decisions of the Committee which it authorizes may be disclosed or made public. Provided, that the committee may vote to disclose certain confidential information to the membership of the Senate in Executive Session and the Committee must disclose in Executive Session, any confidential final determination or action of the Committee as is necessary for the members to make a fully informed vote on any matter before the Senate. If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics compliant has been filed against such member or former member before the receipt or during the pendency of the appointment then the Senate Ethics Committee shall notify the Senate or the appropriate standing committee, in Executive Session, of the existence and nature of the pending complaint.

The rules of the Ethics Committee shall provide as a matter of right that a certified copy of the sworn statement of charges against a member must be given to him within ten days of the time the statement of charges is received by the Chairman of the Ethics Committee and that the accused member has the right to face and cross-examine his accusers and the witnesses against him at any hearing called by the Ethics Committee. Any hearing on the merits of a complaint is confidential and must be held in Executive Session unless the person charged requests a public hearing in writing. The Ethics Committee must call a hearing if a majority of the Ethics Committee feels that the charges have merit or if the accused formally requests a hearing."

Be it further resolved that the title is amended to read as follows:

"TO AMEND RULE 45 OF THE RULES OF THE SENATE TO REQUIRE THE SENATE ETHICS COMMITTEE TO NOTIFY THE SENATE OR THE APPROPRIATE STANDING COMMITTEE IN EXECUTIVE SESSION OF THE EXISTENCE AND NATURE OF A PENDING ETHICS COMPLAINT AGAINST ANY MEMBER OR FORMER MEMBER WHO IS APPOINTED TO AN OFFICE REQUIRING CONFIRMATION BY THE SENATE."

Amend title to conform.

There being no further amendments, the Senate Resolution was adopted.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator WILLIAMS, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 264 -- Rules Committee: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE SO AS TO FURTHER PROVIDE FOR THE MOTION TO RECEDE AS USED IN RULE 2 AND RULE 14, TO FURTHER DEFINE A POINT OF PERSONAL INTEREST AS USED IN RULE 13, TO COMBINE AND CLARIFY CERTAIN LANGUAGE RELATING TO THE SCHEDULING OF COMMITTEE MEETINGS AS PROVIDED FOR IN RULES 19 AND 47 AND TO DELETE CERTAIN DUPLICATE PROVISIONS.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of Amendment No. 4 (JIC\5298DW.93) proposed by Senators REESE and MITCHELL and previously printed in the Journal of Thursday, February 11, 1993.

On motion of Senator REESE, with unanimous consent, Amendment No. 4 was withdrawn.

Senator COURSON proposed the following Amendment No. 5 (264R005.JEC), which was adopted:

Amend the bill, as and if amended, page 7, by inserting after line 40 the following:

"Be it further resolved that Rule 50 be amended to read as follows:

All invitations which are extended to the entire membership of the Senate must be referred to the Committee on Invitations for its consideration. The Senate may not accept any invitations to attend functions (social or otherwise) which are to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. All invitations so received must be referred to the Committee on Invitations, and the The Committee has the duty of determining whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. Individual senators may attend functions at any club without being censored or prejudiced in any manner.

The Invitations Committee shall adopt such procedures and requirements as it deems necessary to ensure that persons or organizations who extend invitations to the Senate have fully complied with the provisions of Act 248 of 1991 (The Ethics, Government Accountability, and Campaign Reform Act of 1991). The Committee shall make copies of any such procedure available upon request."

Renumber sections to conform.

Amend title to conform.

Senator COURSON explained the amendment.

The amendment was adopted.

There being no further amendments, the Senate Resolution was adopted.

MOTION ADOPTED
On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Luanne Murphy Hurley of Aiken, South Carolina.

Senator WILLIAMS moved that when the Senate adjourns on Friday, February 26, 1993, it stand adjourned to meet next Tuesday, March 2, 1993 at 12:00 Noon, which motion was adopted.

At 12:17 P.M., on motion of Senator WASHINGTON, the Senate adjourned to meet tomorrow at 11:00 A.M.

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