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, this morning we pray in the words of a Psalm of David, Psalm 8:
Let us pray.

"O Lord, our Lord,

How majestic is Thy Name in all the earth!

Thou whose glory above the heavens is chanted

By the mouth of babes and infants...

When I look at Thy heavens, the work of Thy fingers,

The moon and the stars which Thou has established;

What is man that thou art mindful of him,

And the son of man that thou dost care for him?

Yet Thou hast made him a little less than God,

And dost crown him with glory and honor.

Thou hast given him dominion over the works of

Thy hands;

Thou hast put all things under his feet,

All sheep and oxen, and also the beasts of the field,

The birds of the air, and the fish of the sea,

Whatever passes along the paths of the sea.

O LORD, OUR LORD,

HOW MAJESTIC IS THY NAME IN ALL THE EARTH."

Amen.

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

(R11) S. 239 -- Senator Washington: AN ACT TO AMEND SECTION 2-281, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

March 9, 1993
Mr. President and Members of the Senate:

I am hereby returning without my signature S. 239, R11, an Act:
TO AMEND SECTION 2-281, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

This veto is based upon an opinion of the Attorney General's Office dated March 9, 1993. The opinion states:

The act bearing ratification number 11 of 1993 amends Section 2-281 of the 1962 Code of Laws as to the governing body of the Walterboro-Colleton County Airport Commission, deleting the Supervisor of Colleton County (which office has been abolished) as a member and substituting the chairman of Colleton County Council, and deleting the reference to the chairman of the Finance Committee of the town of Walterboro and replacing that member with a member of Walterboro City Council to be selected by the council. An examination of act number 584 of 1946 and amendatory acts reveals that the commission is an agency existing in Colleton County. Thus, S. 239, R11 of 1993 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 239, R11 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7... (Similarly, Article VIII, Section 10 prohibits the General Assembly's adoption of an act for a specific municipality).

Therefore, I am returning this act to you without my signature, as I do all local legislation, as violative of the State Constitution.

Sincerely,
Carroll A. Campbell, Jr.
Governor

On motion of Senator WASHINGTON, the veto of the Governor was taken up for immediate consideration.

Senator WASHINGTON moved that the veto of the Governor be overridden.

The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?

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

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

The necessary vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

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

Document No. 1625
Promulgated By Board of Medical Examiners
Physician Assistants
Received By Lt. Governor March 10, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date February 14, 1994

The following was received:

Document No. 1522
Promulgated By Public Service Commission
Emergency Procedures
Received By Lt. Governor September 23, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date May 12, 1993
Withdrawn and resubmitted March 10, 1993

Senator GIESE introduced Dr. M.L. McFarland of Columbia, S.C., Doctor of the Day.

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.

Senator HOLLAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.

There was no objection.

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

The following were introduced:

S. 535 -- Senators Elliott, Rankin and G. Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA UNTIL BETTER ACCESS IS PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.

Whereas, the Grand Strand area provides a disproportionate share of state revenue due to the collection of sales tax, accommodations taxes, and other revenue-raising measures from more than ten million tourists visiting the area each year contributing substantially to the state's economy and to state tourism-generated tax revenues totalling $249,700,000; and

Whereas, the continued growth of this revenue for the State is being threatened by the lack of sufficient and adequate access on the highways of this State to the Grand Strand area, and the sister states of North Carolina and Georgia are providing direct access to beach tourist areas; and

Whereas, delays are now extremely common in all the areas leading into the Grand Strand area causing frustration and decisions not to return to the Grand Strand area for vacation by out-of-state tourists; and

Whereas, even if projects to improve access to the Grand Strand area are expedited, there still will be a substantial delay until improvements are completed; and

Whereas, more than forty thousand South Carolinians are employed in the Grand Strand's tourism industry, which accounts for nearly forty percent of the state's tourism industry; and

Whereas, the continued growth of employment and this revenue for the State is being threatened by lack of sufficient and adequate access on highways of this State to the Grand Strand area; and

Whereas, it is essential the State take all steps possible to upgrade traffic control into the Grand Strand area under the existing highway conditions. Now, therefore,

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

That the South Carolina Department of Highways and Public Transportation is requested to provide immediately traffic control support to the Grand Strand area, including, but not limited to, additional highway patrolmen during the busiest hours of access and departure from the Grand Strand area, coordination of traffic signal mechanisms to make the flow of traffic as efficient as possible on existing highways, and short-term improvements necessary to assist in reducing the congestion in and around the Conway area and other areas of access to the Grand Strand.

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the South Carolina Department of Highways and Public Transportation, the Governor, and the Chairman of the State Development Board.

On motion of Senator ELLIOTT, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

S. 536 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. JAMES S. (MAC) MCKINNEY OF AIKEN WHO DIED FEBRUARY 20, 1993.

The Senate Resolution was adopted.

S. 537 -- Senators Stilwell, J. Verne Smith, Thomas and Leatherman: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

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

S. 538 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-781 SO AS TO PROVIDE THAT CERTAIN INFORMATION CONTAINED IN OFFICIAL JUVENILE RECORDS MAY BE RELEASED TO SCHOOL OFFICIALS, AND TO PROVIDE PROCEDURES FOR REQUESTS.

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

S. 539 -- Senator Drummond: A BILL TO AMEND SECTIONS 9-1-1560 AND 9-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS RETIRING FROM THOSE SYSTEMS AFTER OCTOBER 15, 1992, AT ANY AGE AS A RESULT OF DISABILITY MUST RECEIVE A BENEFIT EQUAL TO AT LEAST FIFTEEN PERCENT OF AVERAGE FINAL COMPENSATION.

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

On motion of Senator DRUMMOND, S. 539 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 540 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE THAT AVERAGE WEEKLY WAGE IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.

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

S. 541 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS), SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION ON THE INVOLUNTARY TRANSFER OF A SMALL EMPLOYER INTO OR OUT OF A CLASS OF BUSINESS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT SMALL EMPLOYER INSURERS SHALL NOT USE CASE CHARACTERISTICS, OTHER THAN AGE, GENDER, INDUSTRY, GEOGRAPHIC AREA, FAMILY COMPOSITION, AND GROUP SIZE WITHOUT PRIOR APPROVAL OF THE CHIEF INSURANCE COMMISSIONER, AND PROVIDE THAT IF A SMALL EMPLOYER INSURER USES INDUSTRY AS A CASE CHARACTERISTIC IN ESTABLISHING PREMIUM RATES, THE HIGHEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION SHALL NOT EXCEED THE LOWEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION BY MORE THAN FIFTEEN PERCENT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

Senator SALEEBY spoke on the Bill.

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

S. 542 -- Senators Drummond, Bryan, Cork, Courson, Courtney, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO THOSE GIRL SCOUTS WHO SERVED SO EFFICIENTLY AND EFFECTIVELY AS PAGES IN THE SENATE DURING THE WEEK OF MARCH 8-12, 1993.

The Senate Resolution was adopted.

H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 1:00 P.M. ON WEDNESDAY, MARCH 24, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.

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

That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 1:00 P.M. on Wednesday, March 24, 1993, for the purpose of electing members of the respective boards of trustees of Clemson University, Francis Marion University, Lander University, and Winthrop University to fill unexpired terms on those boards because of vacancies which exist.

Referred to the Committee on Invitations.

H. 3057 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.

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

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Society of the Plastics Industry, Inc. to attend a reception at the Stadium Place on Wednesday, March 17, 1993, from 6:00 until 8:00 P.M.

Courson Peeler Wilson
Thomas Stilwell Russell
O'Dell Passailaigue

Matthews Patterson

Senator COURSON from the Committee on Invitations polled out H. 3576 favorable:

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.

Courson Peeler Wilson
Thomas Stilwell Russell
O'Dell Passailaigue

Matthews Patterson

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3580 favorable:

H. 3580 -- Reps. Rudnick, Felder, Moody-Lawrence, Holt, Hutson, Harrell, Farr, Sharpe, Cooper, McAbee, Wells, R. Smith, Allison, Walker, Neilson, Littlejohn, Clyborne, Robinson, Waites, Graham, Hines, McMahand, Stone, Huff, McCraw, Gamble, Anderson, Phillips, Govan, Witherspoon, Fair, J. Wilder, T.C. Alexander, Wilkins, Thomas, Cromer, Marchbanks, Carnell, Byrd, Neal, Kirsh, D. Wilder, J. Bailey, Meacham and Barber: A CONCURRENT RESOLUTION DESIGNATING MARCH 16, 1993, AS "FREEDOM OF INFORMATION DAY" IN SOUTH CAROLINA, RECOGNIZING THE CONTRIBUTIONS OF THE SOUTH CAROLINA STATE LIBRARY TO AN INFORMED CITIZENRY, AND ENCOURAGING THE PUBLIC TO VISIT THE STATE LIBRARY'S EXHIBIT OF THE "TEN MOST NOTABLE STATE DOCUMENTS" PUBLISHED IN 1992, LOCATED IN THE STATE HOUSE LOBBY DURING THE WEEK OF MARCH 8, 1993.

Courson Peeler Wilson
Thomas Stilwell Russell
O'Dell Passailaigue

Matthews Patterson

Ordered for consideration tomorrow.

Senator FORD from the Committee on Medical Affairs submitted a favorable report on:

S. 254 -- Senator Drummond: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator FORD from the Committee on Medical Affairs submitted a favorable report on:

S. 256 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL FUND FROM FINES AND COSTS COLLECTED BY THE STATE BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO REIMBURSE THE BOARD FOR EXPENSES RELATED TO INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS; TO AMEND SECTION 40-9-30, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator FORD from the Committee on Medical Affairs submitted a favorable report on:

S. 257 -- Senator Drummond: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES TO WHICH THE REQUIREMENTS OF NURSING DO NOT APPLY, SO AS TO INCLUDE OUT-OF-STATE NURSES ENROLLED IN AN APPROVED COURSE OR EXPERIMENTAL PROJECT; TO AMEND SECTION 40-33-230, RELATING TO STATE BOARD OF NURSING COMPENSATION, SO AS TO CONFORM COMPENSATION PROVISIONS TO OTHER STATE BOARDS; TO AMEND SECTION 40-33-260, AS AMENDED, RELATING TO A BOARD QUORUM, SO AS TO REVISE IT TO CONFORM TO THE INCREASED BOARD SIZE; TO AMEND SECTION 40-33-910, AS AMENDED, RELATING TO EXAMINATIONS, SO AS TO PROVIDE THAT AN APPLICANT MUST PASS AN EXAMINATION PRESCRIBED RATHER THAN ADMINISTERED BY THE BOARD; AND TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator FORD from the Committee on Medical Affairs submitted a favorable report on:

S. 258 -- Senator Drummond: A BILL TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator FORD from the Committee on Medical Affairs submitted a favorable report on:

S. 259 -- Senator Drummond: A BILL TO AMEND SECTION 40-47-50 AND SECTION 40-47-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL AND OSTEOPATHY PHYSICIAN LICENSING, SO AS TO DELETE THE REQUIREMENT FOR GOOD MORAL CHARACTER AND SOBRIETY; TO AMEND SECTION 40-47-200, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION OF LICENSES, SO AS TO PROVIDE THAT THE STATE BOARD OF MEDICAL EXAMINERS MAY REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO ALLOW THE PROVIDER TO OBTAIN MEDICAL RECORDS; TO REPEAL SECTION 40-47-220 RELATING TO DISPOSITION OF FEES AND INCOME; AND TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator MOORE from the General Committee submitted a favorable report on:

S. 369 -- Senators Passailaigue, Rose, Richter, Ford, Greg Smith, McConnell and Washington: A JOINT RESOLUTION TO CREATE THE BATTLESHIP MISSOURI MEMORIAL COMMISSION FOR THE PURPOSE OF NEGOTIATING WITH THE DEFENSE DEPARTMENT, THROUGH THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, FOR THE DONATION OF THE DECOMMISSIONED BATTLESHIP MISSOURI, TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, AND TO RAISE THE NECESSARY FUNDING AND TAKE THE STEPS NECESSARY TO TRANSPORT THE VESSEL TO THE STATE OF SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 397 -- Senator Reese: A BILL TO AMEND SECTIONS 56-3-2150 AND 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR COUNTY COUNCIL, SO AS TO ADD A SPECIAL LICENSE PLATE FOR THE MAYOR.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:

H. 3011 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN RIGHTS COMMITTEES FOR MENTAL RETARDATION CLIENTS, SO AS TO DELETE THE DUTY OF THE COMMITTEES TO ADVISE ON PLANS FOR BEHAVIOR SUPPORT WHICH MAY RESTRICT PERSONAL FREEDOMS OR CLIENTS' RIGHTS AND SECTION 44-26-140, RELATING TO SUITABLE CARE AND HABILITATION FOR CLIENTS, SO AS TO PROVIDE THAT REQUIREMENTS FOR THE DEPARTMENT OF MENTAL RETARDATION TO DEVELOP SERVICES NECESSARY TO MEET CLIENTS' NEEDS ARE BASED ON AVAILABLE RESOURCES.

Ordered for consideration tomorrow.

Senator FORD from the Committee on Medical Affairs submitted a favorable report on:

H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:

H. 3014 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 44 SO AS TO PROVIDE FOR FAMILY SUPPORT SERVICES THROUGH THE DEPARTMENT OF MENTAL RETARDATION.

Ordered for consideration tomorrow.

Senator FORD from the Committee on Medical Affairs submitted a favorable report on:

H. 3015 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO DEFINE "ACCREDITED COLLEGE OR UNIVERSITY" AND CHANGE THE BOARD NAME TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

Ordered for consideration tomorrow.

Senator CORK from the Committee on Medical Affairs submitted a favorable report on:

H. 3018 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING TO FORM A BLUE RIBBON TASK FORCE TO STUDY THE PLANNING, COORDINATION, AND DELIVERY OF SERVICES TO ALZHEIMER'S VICTIMS AND THEIR FAMILIES, TO RECOMMEND AN ORGANIZATIONAL STRUCTURE TO HAVE PRIMARY RESPONSIBILITY FOR THESE FUNCTIONS, AND TO REPORT TO THE COMMITTEE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3136 -- Reps. J. Brown, Rudnick, Snow, McMahand, Byrd, Anderson, Holt, Canty, Haskins and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS SO AS TO CHANGE THE NAME OF THE BOARD TO THE BOARD OF PODIATRIC EXAMINERS, TO ADD AN ADDITIONAL MEMBER OF THE BOARD WHO MUST BE ENGAGED IN THE PRACTICE OF PODIATRY, AND TO REVISE AND FURTHER PROVIDE FOR THE QUALIFICATIONS OF MEMBERS OF THE BOARD AND FOR THE MANNER IN WHICH THE PODIATRIST MEMBERS OF THE BOARD ARE SELECTED.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 3215 -- Rep. Wofford: A BILL TO AMEND SECTION 44-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING PERSONS TO MENTAL HEALTH OR MENTAL RETARDATION FACILITIES, SO AS TO DELETE PROVISIONS RELATING TO TRANSFERS FROM CORRECTIONAL INSTITUTIONS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 3216 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.

Ordered for consideration tomorrow.

Senator CORK from the Committee on Medical Affairs submitted a favorable report on:

H. 3217 -- Rep. Wofford: A BILL TO AMEND SECTION 44-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF CHILD IN NEED OF TREATMENT VOLUNTARILY ADMITTED, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-60, RELATING TO EMERGENCY ADMISSIONS OF CHILDREN, SO AS TO REQUIRE THE REASONS WHY VOLUNTARY ADMISSION IS NOT POSSIBLE AS BASIS FOR EMERGENCY ADMISSION AND TO REQUIRE PHYSICIANS PERFORMING EXAMINATIONS TO CONSIDER MEDICAL RECORDS THAT ARE AVAILABLE; TO AMEND SECTION 44-24-70, RELATING TO TAKING INTO CUSTODY A CHILD WHO MAY CAUSE SERIOUS HARM, SO AS TO REVISE THE REFERENCES TO CERTAIN CLASSIFICATIONS OF CHILD PATIENTS; TO AMEND SECTION 44-24-80, RELATING TO TRANSPORTING A CHILD TO THE HOSPITAL, SO AS TO REVISE CERTIFICATE REQUIREMENTS; TO AMEND SECTION 44-24-90, RELATING TO PROCEDURES FOR JUDICIAL ADMISSION, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 44-24-110, RELATING TO JUDICIAL ADMISSIONS, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 44-24-140, RELATING TO COMMITMENT OF CHILDREN FOR TREATMENT, SO AS TO BROADEN THE TYPE FACILITIES CHILDREN MAY BE COMMITTED TO; TO AMEND SECTION 44-24-150, RELATING TO COMMITMENT FOR EVALUATION PURPOSES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-170, RELATING TO RE-EXAMINATIONS, SO AS TO CHANGE AN INTERNAL REFERENCE; AND TO AMEND SECTION 44-24-240, RELATING TO AGENCIES PROVIDING SERVICES, SO AS TO MAKE A TECHNICAL CORRECTION.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:

H. 3218 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A STATE HOSPITAL, SO AS TO INCREASE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS OF AGE AND TO DELETE VOLUNTARY ADMISSION FOR THOSE UNDER SIXTEEN YEARS OF AGE.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:

H. 3219 -- Rep. Wofford: A BILL TO AMEND SECTION 44-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO ADD REFERENCES TO CHAPTERS OVER WHICH THE COMMISSION HAS AUTHORITY TO EXERCISE CERTAIN POWERS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:

H. 3381 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO WAIVER OF FEES AND SPECIAL VOLUNTEER LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1545, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MACAULAY from the Committee on Medical Affairs submitted a favorable report on:

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.

Ordered for consideration tomorrow.

S. 529 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 24, 1993, AS "HOSPITAL DAY".

Returned with concurrence.

Received as information.

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

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

H. 3591 -- Reps. Stuart, Govan, Cobb-Hunter, Felder and Sharpe: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT I OF ORANGEBURG COUNTY TO ISSUE GENERAL OBLIGATION BONDS AT ONE TIME OR FROM TIME TO TIME IN AN AMOUNT NOT EXCEEDING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS TO FUND A PRE-KINDERGARTEN THROUGH TWELVE SCHOOL BUILDING COMPLEX; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED, AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

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

H. 3507 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1517, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

H. 3412 -- Rep. McLeod: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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

There was no objection.

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

Senator LEVENTIS proposed the following amendment (3412R001.PPL), which was adopted:

Amend the bill, as and if amended, page 2, subsection D, line 7, by placing a period after the word, "council", and deleting the remainder of the subsection.

Amend title to conform.

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

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 347 -- Senator Passailaigue: A BILL TO AMEND 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.

On motion of Senator SALEEBY, with unanimous consent, the minority report on S. 347 was withdrawn.

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

S. 525 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN THIS SECTION DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT PURSUANT TO SECTION 38-73-760(e).

On motion of Senator SALEEBY, S. 525 was ordered to receive a third reading on Friday, March 12, 1993.

S. 526 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE (SECURITIES DIVISION), RELATING TO DISHONEST OR UNETHICAL PRACTICES BY BROKER-DEALERS AND AGENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1511, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SALEEBY, S. 526 was ordered to receive a third reading on Friday, March 12, 1993.

S. 527 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ACTUARIAL OPINION AND MEMORANDUM REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1591, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SALEEBY, S. 527 was ordered to receive a third reading on Friday, March 12, 1993.

S. 534 -- Senator Macaulay: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES, TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED, PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES, AND PERSONS WITH PHYSICAL AND MENTAL DISABILITIES WHO THE DEPARTMENT, WITH GOOD CAUSE, BELIEVES ARE NOT CAPABLE OF SAFELY OPERATING A MOTOR VEHICLE.

Senator MACAULAY explained the Bill.

On motion of Senator MACAULAY, S. 534 was ordered to receive a third reading on Friday, March 12, 1993.

S. 320 -- Senators Giese, Passailaigue, Glover, Lander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1920 SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON.

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

The Transportation Committee proposed the following amendment (320R001.JCL), which was adopted:

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

/ SECTION 1. Section 56-3-1910 of the 1976 Code is amended to read:

"Section 56-3-1910. Upon payment of the regular motor vehicle license fee, the South Carolina Department of Highways and Public Transportation may issue a license tag with a special number or identification indicating that the tag was issued to a person (a) disabled by an impairment in the use of one or more limbs and required to use a wheelchair or (b) disabled by an impairment in mobility, but otherwise qualified for a driver's license as determined by the department. Each application for the license must be accompanied by the certificate of a licensed physician as to the permanency of limb impairment or as to the severity or the permanency of mobility impairment.

The special license tag authorized by this section may also be issued for a vehicle of special design and equipment designed to transport a disabled person who meets the requirements of this section if the vehicle is owned and titled in the name of the disabled person or in the name of a member of his immediate family. or for a vehicle used by an agency, organization, or facility that is designed to transport a handicapped or disabled person if the vehicle is titled in the name of the agency, organization, or facility. Proof that the agency, organization, or facility transports a handicapped or disabled person must be in a manner prescribed by the department. A certificate from a licensed physician is not required to apply for the special license tag."

SECTION 2. Section 56-3-1960 of the 1976 Code is amended to read:

"Section 56-3-1960. (1) Any person who is handicapped as defined in this article must be allowed to park in metered or timed parking places without being subject to parking fees or fines. This section has no application to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege, a vehicle must display a distinguishing license plate which must be issued by the department, pursuant to this section, Section 56-3-1910, or Section 56-3-1110, for vehicles registered to the disabled person. The license plate must be issued for the usual fee applicable to standard license plates, except that a person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge. Application must be made on a form prescribed by the department and applicants may apply by mail. Each application must be accompanied by a licensed physician's certificate that the applicant is handicapped as defined in this article and that the handicap is permanent. No applicant may be denied a license plate if the completed application is accompanied by a licensed physician's certificate as required by this subsection.

(2) Any An agency, organization, or facility that transports a disabled or handicapped person or any person who is handicapped as defined in this article may apply to the department for issuance of a temporary or permanent distinguishing placard to be designed by the department. The placard; The department, if necessary, may design another distinguishing placard for an agency, organization, or facility that is eligible for a placard; however, all placards must be at least six inches by twelve inches in size and must display information the department considers necessary for enforcement purposes. The placard must be used on vehicles transporting the disabled person in lieu of the distinguishing license plate issued pursuant to subsection (1) of this section. When the placard is displayed on the driver's side dashboard of a vehicle, all parking rights and privileges extended to vehicles displaying a distinguishing license plate issued pursuant to subsection (1) of this section are applicable to the vehicle. The department shall establish procedures for the issuance of distinguishing placards, and the procedures shall permit applicants to apply by mail. Each application must be accompanied by a licensed physician's certificate that the applicant is handicapped as defined in this article, except that a physician's certificate is not required for applications by an agency, organization, or facility which must include sufficient documentation as may be prescribed by the department that the applying agency, organization, or facility transports handicapped or disabled persons. The physician shall state on the certificate whether the applicant is handicapped temporarily or permanently. If the applicant is temporarily handicapped, the physician shall state the length of time for which the applicant is temporarily handicapped. No applicant may be denied a placard if the applicant follows the procedures established by the department and if the completed application is accompanied by a licensed physician's certificate, as required by this subsection. The department shall charge a fee of one dollar a placard and may issue two placards to an applicant upon request.

The permanent placards may be issued and renewed only for a maximum period of four years renewable on the owner's birthdate; however, placards issued to an agency, organization, or facility must be renewed annually. The placards must be of a color as determined by the department which is easily recognizable by law enforcement personnel. The placard shall indicate on its face when it expires.

(3) A vehicle displaying an out-of-state handicapped license plate or placard or other evidence of handicap issued by the appropriate authority as determined by the department is entitled to the parking privileges provided for in this section." /

Amend title to conform.

Senator GIESE explained the amendment.

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

S. 402 -- Senator Land: A BILL TO AMEND SECTION 56-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON CONVICTION FOR VIOLATION OF THIS SECTION COURT COSTS MAY BE WAIVED AND NO POINTS MAY BE ASSESSED FOR DRIVING RECORD OR INSURANCE PURPOSES.

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

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

H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5323HC.93) proposed by the Committee on Finance as follows:

Amend the bill, as and if amended, by striking subsection (B) of Section 11-11-140, as contained in SECTION 1, beginning on page 1, and inserting:

/(B) For purposes of this section, the base revenue estimate is the lesser of:

(1) (a) the total of recurring general fund revenues collected in the fiscal year completed before the General Assembly first considers the annual general appropriations bill;

(b) increased by a sum equal to seventy-five percent of the amount the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year exceeds the amount in subitem (a) of this item; or

(2) the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year./

Amend further, page 2, by striking item (1) of subsection (D), SECTION 1, and inserting:

/(D) (1) To the extent surplus revenues are available after the required restoration of the General Reserve Fund from surplus revenues as provided in Article III, Section 36(A) of the Constitution of this State and Section 11-11-310(B), the surplus revenues may be appropriated only for nonrecurring purposes. Any surplus funds derived in excess of the revenue projections will not be used to address agency deficits unless such monies are expressly appropriated by the General Assembly./

Amend further, page 2, by striking SECTION 2 and inserting:

/SECTION 2. This act takes effect upon approval by the Governor and first applies with respect to appropriations for fiscal year 1994-95 and surplus revenues resulting from fiscal year 1994-95./

Amend title to conform.

Senator MOORE moved that the Bill be carried over.

A roll call vote was ordered.

Senator LEATHERMAN moved to table the motion to carry over.

Senator MOORE raised a Point of Order that the motion was out of order inasmuch as a roll call vote had been ordered.

The PRESIDENT sustained the Point of Order.

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

Holland Moore Smith, G.

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Jackson
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

The Senate refused to carry over the Bill. The question then was the adoption of the amendment proposed by the Committee on Finance.

Senator MACAULAY spoke on the amendment.

On motion of Senator LEATHERMAN, with unanimous consent, Senator MACAULAY retaining the floor, the Senate proceeded to take up for immediate consideration Amendment No. 1 proposed by Senator LEATHERMAN.

Senator LEATHERMAN proposed the following Amendment No. 1 (JIC\5553HC.93), which was adopted:

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

/SECTION 1. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-140. (A) General fund appropriations in the annual general appropriations act must be segregated into categories A, B, and C. The aggregate total appropriations authorized in categories A, B, and C must not exceed one hundred percent of the sum of the official Board of Economic Advisors final forecast for the ensuing fiscal year and any revenue enhancements authorized subsequent to the final forecast and certified in writing by the Board of Economic Advisors.

Total appropriations authorized in Category A may not exceed the amount of recurring general fund revenue collections for the most recently completed fiscal year; however, Category A appropriations are not linked to appropriations for the preceding fiscal year. Total Category B appropriations may not exceed seventy-five percent of the difference between the amount of general fund revenue collections for the most recently completed fiscal year and the official final forecast of the Board of Economic Advisors plus certified enhancements; however, Category B appropriations are not linked to appropriations for the preceding fiscal year. Total Category C appropriations may not exceed twenty-five percent of the difference between the amount of general fund revenue collections for the most recently completed fiscal year and the official final forecast of the Board of Economic Advisors plus certified enchancements; however, Category C appropriations are not linked to appropriations for the preceding fiscal year.

(B) If there is a revenue shortfall, those appropriations which are contained in Category C must be reduced on a pro rata basis until any anticipated revenue shortfall is alleviated. If further reduction is necessary, those appropriations in Category B must be reduced on a pro rata basis until any anticipated revenue shortfall is alleviated. If those appropriations in Categories B and C are exhausted, Category A appropriations must be reduced on a pro rata basis until any anticipated revenue shortfall is alleviated.

(C) Appropriations from surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred.

Any surplus funds derived in excess of the revenue projections will not be used to address agency deficits unless such monies are expressly appropriated by the General Assembly."

SECTION 2. This act takes effect upon approval by the Governor and first applies to appropriations beginning with fiscal year 1994-95./

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator SETZLER spoke on the amendment.

Senator MOORE spoke on the amendment.

Senator GIESE spoke on the amendment.

Senator DRUMMOND spoke on the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator DRUMMOND, with unanimous consent, the amendment proposed by the Committee on Finance was withdrawn.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 3 was taken up for immediate consideration.

Senators PASSAILAIGUE, McCONNELL, ROSE, WASHINGTON, ELLIOTT, FORD, MESCHER, RICHTER and G. SMITH proposed the following Amendment No. 3 (3010R003.ELP), which was adopted:

Amend the bill, as and if amended, page 2, after line 26, by adding a new SECTION to read:

/SECTION . Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-150. There shall be established within the State Treasurer's Office an account known as the Federal Base Closure and Realignment Response Fund. One hundred thousand dollars ($100,000) must be transferred from the Insurance Reserve Fund to this fund. The State Treasurer shall authorize expenditures from this fund during fiscal years 1993-94 and 1994-95 to further the efforts of the Trident Chamber of Commerce regarding the closure or realignment of federal military installations. Expenditures from this fund may only be utilized for studies, analyses, travel, and other necessary expenses as deemed appropriate by the board of directors of the corporation established under the auspices of the Trident Chamber of Commerce pursuant to the U.S. Internal Revenue Code Section 501(c)(6) to react to the prospect of federal base closures and realignment. The treasurer may require such documentation, record keeping, and accounting of all funds expended as he deems appropriate.

The State Development Board and its staff shall cooperate fully and assist the Trident Chamber of Commerce to attempt to prevent base closures, as well as ameliorating the economic impact of a final decision to close or realign federal installations. No portion of these funds may be used to hire or fund staff positions of the Trident Chamber of Commerce or the State Development Board or any corporation or foundation affiliated with either of these entities."/

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

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

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 2 (3010R001.ELP), which was adopted, as amended:

Amend the bill, as and if amended, page 2, after line 23, by adding a new SECTION 2 to read as follows:

/SECTION 2. Section 11-11-70 of the 1976 Code is amended by adding a new subsection to read:

"(C) In making a recommendation to the General Assembly for the Fiscal Year 1994-95 budget, and for each year thereafter, the Budget and Control Board shall not incorporate or realize any revenue derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless such change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or a statutory enactment changing the method of accounting."/

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

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

Bryan Drummond Gregory
Land Lander Leatherman
Leventis Matthews Patterson
Rankin Setzler Smith, J.V.
Williams

Cork Courson Courtney
Elliott Giese Glover
Hayes Holland Jackson
Macaulay Martin McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Peeler Reese Richter
Rose Russell Ryberg
Saleeby Short Smith, G.
Stilwell Thomas Waldrep
Washington Wilson

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator SETZLER spoke on the amendment.

Senator DRUMMOND spoke on the amendment.

Senator PASSAILAIGUE, with unanimous consent, was granted leave to perfect Amendment No. 2 as follows (3010R010.ELP):

Amend the bill, as and if amended, page 2, after line 26, by adding an appropriately numbered new SECTION to read as follows:

/SECTION . Section 11-11-70 of the 1976 Code is amended by adding a new subsection to read:

"(C) In making a recommendation to the General Assembly for the Fiscal Year 1994-95 budget, and for each year thereafter, the Budget and Control Board shall not incorporate or realize any revenue derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless such change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or a statutory enactment changing the method of accounting."/

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH moved that the amendment be adopted.

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

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

Amendment No. 2, as amended, was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 4 (3010R004.ELP), which was adopted:

Amend the bill, as and if amended, page 2, after line 26, by adding an appropriately numbered SECTION to read:

/SECTION . Chapter 9 of Title 11 is amended by adding the following section:

"Section 11-9-126. If a state agency expends more in the fourth quarter of a fiscal year than it has expended in any other preceding quarter of that same fiscal year, it shall report to the Budget and Control Board, no later than ninety days following the end of the fiscal year, the amount expended in the fourth quarter in excess of the amount of expenditures of the highest previous quarter of that fiscal year. The report must be by budget line item and shall provide specific details as to all fourth quarter spending."/

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

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

Senator O'DELL asked unanimous consent to make a motion that the President of The Citadel be granted the Privilege of the Floor next week.

Senator COURSON objected to the unanimous consent request noting that it was not in compliance with Rule 36b.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 184 -- Senators Stilwell, Bryan, Washington, Hayes and Waldrep: A BILL TO AMEND SECTION 23-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF THE ELECTION OF SHERIFFS, SO AS TO PROVIDE THAT SHERIFFS MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE TIME OF THE GENERAL ELECTION; TO REQUIRE A SPECIAL ELECTION TO FILL A VACANCY FOR SHERIFF TO BE A NONPARTISAN ELECTION; TO PROVIDE FOR NOMINATION BY PETITIONS AND THE METHOD OF DECLARING THE RESULT; TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR SHERIFF; AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Senator STILWELL moved that the Bill be made a Special Order.

Senator LEATHERMAN made a Parliamentary Inquiry as to how many Bills were in the status of Special Order and whether or not any such Bills were designated as occupying the Chairmen's Committee slot.

The PRESIDENT indicated there were two Bills in the status of Special Order, neither of which were designated as occupying the Chairmen's Committee slot.

Senator LEATHERMAN raised a Point of Order that the motion to make the Bill a Special Order was out of order under the provisions of Rule 33 inasmuch as the remaining slot on the Special Order Calendar would, of necessity, be reserved for the Chairmen's Committee.

The President sustained the Point of Order.

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.

Senator WILLIAMS asked unanimous consent to make a motion to give the Joint Resolution second and third readings on successive legislative days.

Senator LEVENTIS objected.

MOTION ADOPTED
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jack Jameson of Pickens County, South Carolina, who died March 10, 1993.

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John M. Terry of Lexington, South Carolina.

MOTION ADOPTED
On motion of Senator GIESE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. R.T. "Bob" Major, Jr., former Clerk of Court for Richland County, South Carolina.

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 12, 1993, it stand adjourned to meet next Tuesday, March 16, 1993, at 12:00 Noon, which motion was adopted.

At 12:50 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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