Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear the words of St. Paul to the Ephesians, Chapter 4 (v. 1):
"I therefore, a prisoner for the Lord, beg
you to lead a life worthy of the calling
to which you have been called, with all
lowliness and meekness, with patience, for-
bearing one another in love..."
Let us pray.

Good Lord, You know how hard it is to be a public servant... especially as a member of the General Assembly.

Help us to take heart from the example of St. Paul... and others... past and present, who see in public service a calling... a mission of the highest order.

Give, we pray, to each of us such gifts as we may need in these days to make our public service fruitful... and effective.

Help us to covet... and cultivate the virtue of patience. But help us... in proper seasons... to be firm and resolute where important principle is concerned.

May Your benediction... like an upward surge of inner, spiritual power rest upon us all as we go to today's tasks... in the spirit of Jesus... and St. Paul.

Amen.

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

Senator STILWELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Stilwell
Thomas Waldrep Washington
Williams Wilson

The Senate resumed.

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

February 24, 1993
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1993:

At-Large:

Ms. Susan W. DeVenny, 1006 Westover Place, Lancaster, S.C. 29720 VICE W. Thomas Lavender, Jr. (resigned)

Referred to the Committee on Finance.

Initial Appointment, Member, South Carolina Ports Authority, with term to expire June 4, 1994:

At-Large:

Mr. Harry R. Easterling, Post Office Drawer 655, Bennettsville, S.C. 29512-0655 VICE Ernest L. Willis, III (deceased)

Referred to the Committee on Transportation.

Initial Appointment, Member, South Carolina State Ports Authority, with term to expire March 19, 2000:

At-Large:

Ms. Dorothy G. Owen, Owen Steel Company, Inc., 801 Blossom Street, Columbia, S.C. 29201 VICE Henry Tecklenburg

Referred to the Committee on Transportation.

Reappointment, Member, South Carolina Forestry Commission, with term to expire June 30, 1998:

Public-Senate:

Mr. Joe P. Simpson, 610 Plantation Road, Lancaster, S.C. 29720

Referred to the Committee on Fish, Game and Forestry.

Reappointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1996:

General Contractor:

Mr. Robert D. Shelley, Post Office Box 556, Myrtle Beach, S.C. 29578

Referred to the General Committee.

Reappointment, Member, John De La Howe School Board of Trustees, with term to expire April 1, 1998:

At-Large:

Mrs. Irby H. Schultz, 120 Setting Sun Lane, Columbia, S.C. 29212

Referred to the Committee on Education.

Reappointment, Member, South Carolina Aeronautics Commission, with term to expire May 4, 1997:

2nd Congressional District:

Mr. Jimmie L. Hamilton, Post Office Box 5775, Columbia, S.C. 29250

Referred to the Committee on Transportation.

Reappointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1996:

Registered Electrical Engineer:

Mr. Herman E. Speissegger, Jr., 102 Murray Boulevard, Charleston, S.C. 29401

Referred to the General Committee.

Reappointment, Member, South Carolina Tax Commission, with term to expire May 20, 1999:

Chairman:

Mr. A. Crawford Clarkson, Jr., 4339 Chicora Street, Columbia, S.C. 29206

Referred to the Committee on Finance.

Reappointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1997:

Dealer:

Mr. Milt Klar, Hearing Centers USA, 10177 North Kings Highway, Myrtle Beach, S.C. 29572

Referred to the General Committee.

Reappointment, Member, Residential Builders Commission, with term to expire June 30, 1997:

2nd Congressional District-Builder:

Mr. M. Stewart Mungo, 4400 St. Andrews Road, Columbia, S.C. 29210

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1999:

At-Large:

Mr. Thomas L. Gregory, Post Office Drawer 1419, Columbia, S.C. 29202

Referred to the Committee on Education.

Reappointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1998:

At-Large:

Ms. Susan W. DeVenny, 1006 Westover Place, Lancaster, S.C. 29720

Referred to the Committee on Finance.

March 1, 1993
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1996:

Appraiser:

Mr. Lamar Mason, Mason Realty, Inc., 3938 Farrow Road, Columbia, S.C. 29203

Referred to the Committee on Labor, Commerce and Industry.

Columbia, S.C., March 15, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R11, S. 239 by a vote of 4 to 0:
(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.
Very respectfully,
Speaker of the House

Received as information.

Senator GIESE introduced Dr. Craig Ward of Columbia, S.C., Doctor of the Day.

On motion of Senator McCONNELL, at 12:00 Noon, Senator MACAULAY was granted a leave of absence for today.

The following were introduced:

S. 543 -- Senator Russell: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE ALL STEPS NECESSARY TO ELIMINATE THAT UNNECESSARY FEDERAL REGULATION OF THE BANKING SYSTEM THREATENING THIS STATE'S AND THE ENTIRE COUNTRY'S ECONOMIC WELLBEING.

Whereas, the members of the General Assembly note that regulation of the banking system by the Federal Deposit Insurance Corporation, the Federal Reserve Board, and the Office of the Comptroller of the Currency has grown apace in recent years, needlessly restricting credit to individuals and small businesses; and

Whereas, this "credit crunch" could very well hinder economic growth, not only in this State, but also the country as a whole; and

Whereas, much of this regulatory tide has little or nothing to do with the safety or soundness of bank operations and threatens to destroy the cornerstone of economic growth--a sound and reliably profitable national banking system. Now, therefore,

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

That by this resolution, the Congress of the United States is memorialized to take all steps necessary to eliminate that unnecessary federal regulation of the banking system by the Federal Deposit Insurance Corporation, the Federal Reserve System, and the Office of the Comptroller of the Currency threatening this state's and the entire country's economic wellbeing.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation and the Secretary of the Treasury.

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

S. 544 -- Senator Saleeby: A BILL TO AMEND SECTION 2-7-73, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR MANDATED HEALTH INSURANCE BENEFITS, SO AS TO REQUIRE EMPLOYERS AND INSURANCE CARRIERS TO PROVIDE NECESSARY INFORMATION TO THE DIVISION OF RESEARCH AND STATISTICS FOR USE IN ANALYZING MANDATED BENEFITS.

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

S. 545 -- Senator Saleeby: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL LIFE INSURANCE AND THE PROVISIONS THAT A LIFE INSURANCE POLICY FOR THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS IS NOT SUBJECT TO CLAIMS OF THE INSURED'S CREDITORS, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND TO PROVIDE, AMONG OTHER THINGS, THAT PROCEEDS AND CASH SURRENDER VALUES OF LIFE INSURANCE PAYABLE TO A BENEFICIARY OTHER THAN THE INSURED'S ESTATE IN WHICH SUCH PROCEEDS AND CASH SURRENDER VALUES ARE EXPRESSED TO BE FOR THE PRIMARY BENEFIT OF THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS ARE EXEMPT FROM CREDITORS WHETHER OR NOT THE RIGHT TO CHANGE THE BENEFICIARY IS RESERVED AND WHETHER OR NOT THE POLICY IS PAYABLE TO THE INSURED IF THE BENEFICIARY DIES FIRST EXCEPT UNDER CERTAIN CONDITIONS, AND THAT BENEFITS OF ACCIDENT AND DISABILITY CONTRACTS ARE EXEMPT FROM CLAIMS OF THE CREDITORS OF THE INSURED.

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

S. 546 -- Senators Russell, McConnell, Reese, Rankin, Richter, McGill, Waldrep, Passailaigue, G. Smith, Macaulay, Lander, Wilson, Martin, Courtney, Ryberg, J. Verne Smith, Thomas, Gregory, Short, O'Dell, Washington, Bryan, Jackson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-75 SO AS TO MAKE IT AN UNFAIR METHOD OF COMPETITION AND UNFAIR OR DECEPTIVE ACT OR PRACTICE FOR AN INSURER TO CONTRACT OR AGREE WITH ANY COMPANY OR OTHER BUSINESS ENTITY TO MANAGE, HANDLE, OR ARRANGE INSURANCE REPAIR WORK OR TO ACT AS AN AGENT FOR THE INSURER IN ANY MANNER WHERE THE COMPANY OR ENTITY SETS A PRICE WHICH MUST BE MET BY A REPAIR SHOP AS A CONDITION OF DOING CLAIMS REPAIR WORK FOR THE INSURER AND THEN RETAINS A PERCENTAGE OF THE CLAIM PAID BY THE INSURER.

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

S. 547 -- Senators Lander, Giese, G. Smith and Mitchell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO LIMIT THE EXEMPTION ALLOWED FOR PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO ONE MOTOR VEHICLE AND TO DELETE SURPLUS LANGUAGE.

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

S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.

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

S. 549 -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF ALL COPPER ALLOYS, COPPER WIRE, AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.

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

S. 550 -- Senator Stilwell: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.

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

S. 551 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1498, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 552 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, RELATING TO MINIMUM ELIGIBILITY REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 553 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIMINATION OF MEDICALLY NEEDY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 554 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ANNUAL RENEWAL AND LATE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1516, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 555 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO COMPUTERIZED ADAPTIVE TESTING; ISSUING PERMIT TO CANADIAN LICENSEES WHO HAVE PASSED THE COMMISSION ON GRADUATES OF FOREIGN NURSING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1585, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 556 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PROCEDURES FOR CONTESTED CASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1477, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 557 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1467, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 558 -- Senators Passailaigue, Rose, McConnell, Mescher and Richter: A BILL TO AMEND SECTION 13-12-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15 OF THE 1976 CODE, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220 OF THE 1976 CODE, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES.

Senator PASSAILAIGUE spoke on the Bill.

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

S. 559 -- Senators Richter, 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, Rose, Russell, Ryberg, Saleeby, Setzler, Short, G. Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA AND ITS COLLEGE OF BUSINESS ADMINISTRATION FOR CLAIMING THE NUMBER ONE RANKING FOR ITS MASTERS IN INTERNATIONAL BUSINESS PROGRAM FOR THE FOURTH CONSECUTIVE YEAR.

Senator RICHTER spoke on the Concurrent Resolution.

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

S. 560 -- Senators Leventis, Land, McGill, Peeler, Matthews and Washington: A BILL TO AMEND SECTION 56-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF FARM TRUCKS, SO AS TO REVISE THE DEFINITION OF FARM TRUCK AND REVISE CERTAIN LICENSE FEES; TO AMEND SECTION 56-5-4020, RELATING TO THE EXEMPTION FROM SIZE, WEIGHT, AND LOAD REQUIREMENTS FOR CERTAIN VEHICLES, SO AS TO REVISE THE LIMITATION ON THE APPLICATION OF THE EXEMPTION TO VEHICLES TWELVE FEET IN WIDTH OR LESS; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO VEHICLE LOAD CAPACITY, SO AS TO REQUIRE THE TRUE UNLOADED WEIGHT SIGN ON FARM TRUCKS; TO AMEND SECTION 56-5-4185, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE REQUIREMENTS FOR THE PERMIT; AND TO AMEND SECTION 56-5-4900, AS AMENDED, RELATING TO REGULATIONS ON BRAKES AND EXCEPTIONS FOR FARM TRAILERS, SO AS TO REVISE THE EXCEPTIONS FOR FARM TRAILERS.

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

S. 561 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE AND WELCOME THE SOUTH CAROLINA STINGRAYS ON THEIR ESTABLISHMENT AS THE FIRST PROFESSIONAL HOCKEY TEAM IN SOUTH CAROLINA.

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

H. 3714 -- Reps. McLeod, G. Brown, Canty, McElveen and Neal: A CONCURRENT RESOLUTION COMMENDING JACK C. ANDERSON, JR., FOR HIS OUTSTANDING AND DEDICATED LEADERSHIP AS DEAN OF THE UNIVERSITY OF SOUTH CAROLINA - SUMTER, AND EXTENDING HIM BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT.

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

H. 3105 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2535 SO AS TO MAKE IT A MISDEMEANOR OFFENSE, EXCEPT UNDER CERTAIN CIRCUMSTANCES, TO STOP, STAND, OR PARK A VEHICLE IN FRONT OF, ADJACENT TO, OR INSIDE A DESIGNATED FIRE LANE, AND TO PROVIDE FOR PUNISHMENT FOR THIS VIOLATION IN THE SAME MANNER AS PROVIDED IN SECTION 56-3-1970 FOR UNLAWFULLY PARKING A VEHICLE IN A PARKING PLACE CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.

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

H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.

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

H. 3671 -- Rep. Spearman: A BILL TO ABOLISH THE SALUDA COUNTY MEDICAL BUILDING BOARD AND DEVOLVE ALL POWERS AND DUTIES OF THE BOARD UPON THE SALUDA COUNTY COUNCIL AND TO REPEAL ACT 810 OF 1946 AND ACT 1116 OF 1960 RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE BOARD.

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

H. 3676 -- Rep. Sheheen: 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 AND PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES.

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

H. 3703 -- Reps. Witherspoon, Kelley, Worley, Snow and Keegan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR HORRY COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF HORRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

Read the first time and on motion of Senator ELLIOTT, with unanimous consent, ordered referred to the local delegation.

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

S. 170 -- Senators Giese and Rose: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.

Ordered for consideration tomorrow.

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

H. 3163 -- Reps. Cobb-Hunter, Waites, Harwell, Wofford, Rogers, Stille, Baxley, Byrd, Thomas, Mattos, McMahand, Littlejohn, Whipper, Canty, Hines, Gonzales, Simrill, Wright, Harvin, McTeer, J. Harris, Meacham and Shissias: A JOINT RESOLUTION TO RENAME THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.

Ordered for consideration tomorrow.

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

The following Bills were read the third time and ordered sent to the House of Representatives:

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.

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.

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

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

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.

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.

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.

S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: 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.

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

Senator SALEEBY proposed the following amendment (BBM\10365JM.93), which was adopted:

Amend the bill, as and if amended, page 23, lines 12 through 21, by striking Section 38-71-920(1), as contained in SECTION 15 and inserting:

/"(1) `Small employer' means any person, firm, corporation, partnership, or association actively engaged in business, who, on at least fifty percent of its working days during the preceding year, employed no more than twenty-five fifty eligible employees. In determining the number of eligible employees, companies which are affiliated companies or which are eligible to file a combined tax return for purposes of state taxation must be considered one employer."/

Amend further, page 25, lines 2 through 27, by striking Section 38-71-730(4), as contained in SECTION 17, and inserting:

/"(4) The policies may contain a provision limiting coverage for preexisting conditions. The preexisting conditions must be covered no later than twelve months without medical care, treatment, or supplies ending after the effective date of the coverage or twelve months after the effective date of the coverage, whichever occurs first. Preexisting conditions are defined as `those conditions for which medical advice or treatment was received or recommended no more than twelve months before the effective date of a person's coverage'. However, whenever a covered person moves from one insured group to another, and is neither excluded from coverage nor subject to the imposition of preexisting condition limitations as permitted by Section 38-71-730(3), the insurer of the group to which the covered person moves shall give credit for the satisfaction of the preexisting condition period or portion thereof already served under the prior plan if the coverage is selected when the person first becomes eligible and the coverage is continuous to a date not more than thirty days prior to the effective date of the new coverage. Service under a probationary waiting period required by the employer is not considered to interrupt continuous service."/

Amend title to conform.

Senator SALEEBY 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.

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.

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

Senator PASSAILAIGUE proposed the following amendment (3557R001.ELP), which was adopted:

Amend the bill, as and if amended, by inserting a new SECTION 2 to read as follows:

/ SECTION 2. 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.

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

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

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.

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.

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.

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.

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.

On motion of Senator PASSAILAIGUE, S. 369 was ordered to receive a third reading on Wednesday, March 17, 1993.

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.

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.

Senator BRYAN explained the Bill.

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.

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.

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.

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.

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.

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.

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.

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 (397R001.JCL), which was adopted:

Amend the bill, as and if amended, page one, line 22, after the "." and before the word "The" by inserting / (A) /

Amend the bill further, page one, line 32, after the "." and by adding the following:

/ (B) Prior to a municipal council member, a county council member, a mayor, or a county coroner being issued a special license plate pursuant to this article, the department must receive thirty or more applications requesting the issuance of that particular special license plate. /

Amend title to conform.

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

S. 535 -- Senators Elliott, Rankin and Greg 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.

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

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.

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

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.

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

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.

Senator STILWELL 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.

On motion of Senator STILWELL, with unanimous consent, the Bill was referred to the Committee on Judiciary, retaining its place on the 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 HOLLAND, with unanimous consent, the Bill was carried over.

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.

On motion of Senator DRUMMOND, with unanimous consent, the Resolution was carried over.

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.

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

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.

On motion of Senator SALEEBY, with unanimous consent, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

At 12:59 P.M., Senator MOORE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:30 A.M. on Wednesday, March 17, 1993.

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

At 1:01 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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