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, remembering good St. Patrick, let us pray today the words of Henry van Dyke:

"Lord God, let me but live my life from

year to year,

With forward face and unreluctant soul;

Not hurrying to, nor turning from the goal;

Not mourning for the things that disappear

from what the future veils;

But with a whole and happy heart, that

pays its toll to Youth and Age,

And travels on with cheer.

So let the way wind up the hill or down,

o'er rough or smooth, the journey

will be joy;

Still seeking what I sought when but a boy,

new friendship, high adventure, and a crown.

My heart will keep the courage of the quest,

and hope the road's last turn will be the

best."
May we be edified by remembering the old Irish proverb:

"May you never forget

what is worth remembering,

Nor remember what is

best forgotten."
In the Redeemer's Name.

Amen.

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

Senator GIESE 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
Leventis 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 Senate resumed.

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

The following were received and referred to the appropriate committees for consideration:

Document No. 1612
Promulgated By Board of Education
Defined Minimum Program for Wil Lou Gray Opportunity School
Received By Lt. Governor March 11, 1993
Referred to Senate Committee on Education
120 day review expiration date February 15, 1994

Document No. 1620
Promulgated By Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators
Licensing of Nursing Home and Community Residential Care Facility Administrators
Received By Lt. Governor March 17, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date February 21, 1994

The following were received:

Document No. 1613
Promulgated By Department of Labor
Procedures for Hearing Payment of Wages Administrative Appeals
Received By Lt. Governor February 19, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 26, 1994
Withdrawn and Resubmitted March 11, 1993

Document No. 1642
Promulgated By Department of Labor
Procedures for Hearing Child Labor Act Administrative Appeals
Received By Lt. Governor February 19, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 26, 1994
Withdrawn and Resubmitted March 11, 1993

Senator MOORE introduced Dr. Robert L. Cutting of Aiken, S.C., Doctor of the Day.

On motion of Senator McCONNELL, at 11:00 A.M., Senator MACAULAY was granted a leave of absence for today.

At 11:40 A.M., Senator SALEEBY requested a leave of absence for Thursday, March 18, 1993.

S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.

The House returned the Bill with amendments.

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

There was no objection.

Senator HOLLAND proposed the following amendment (JUD60.007), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 36, in Section 23-11-110(A)(5), as contained in SECTION 1, by striking item (5) in its entirety and inserting therein the following:

/(5) have:

(a) obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, or and have at least five years' experience in the criminal justice field as a certified law enforcement officer; or

(b) obtained a two-year associate degree and three years' experience as a certified law enforcement officer; or

(c) obtained a four-year baccalaureate degree and one year's experience as a certified law enforcement officer; or

(d) served as a summary court judge for at least ten years.

For purposes of this section, a `certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-23-50;/ .

Amend the bill further, as and if amended, page 3, beginning on line 17, in Section 23-11-110(B) (2), as contained in SECTION 1, by striking lines 17 through 20 and inserting therein the following:

/officer when applicable;

(e) the number of years the person has served as a summary court judge when applicable; and

(f) an affirmation that the person meets all of the qualification requirements of subsection (A)./ .

Amend title to conform.

Senator STILWELL explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was referred to the Committee on Finance.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:

(R17) S. 426 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO LIMITATION OF PAPERWORK FILED WITH WORKERS' COMPENSATION COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1500, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R18) S. 387 -- Senator Drummond: AN ACT TO AUTHORIZE THE TRUSTEES OF GREENWOOD SCHOOL DISTRICT 52 IN GREENWOOD COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.

(R19) S. 477 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SCHOOL SUPERINTENDENT OF LAURENS SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE DEFINED MINIMUM PROGRAM FOR SO LONG AS THE SUPERINTENDENT OF THE DISTRICT IS A REEMPLOYED RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM.

(R20) S. 87 -- Senators McConnell and Rose: AN ACT TO AMEND SECTION 61-3-1000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WHICH INDICATE WHETHER THE BUSINESS IS OPEN OR CLOSED AND PROVIDE REQUIREMENTS FOR THE SIGNS.

(R21) S. 5 -- Senators Williams and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO REQUIRE A REFERENDUM APPROVING THE CREATION OF A COUNTY POLICE DEPARTMENT BEFORE THE IMPLEMENTATION OF AN ORDINANCE BY THE GOVERNING BODY OF A COUNTY WHICH DUPLICATES OR REPLACES THE LAW ENFORCEMENT FUNCTIONS OF A SHERIFF, TO DEFINE "LAW ENFORCEMENT", AND TO PROVIDE THAT CERTAIN FUNCTIONS OF A COUNTY ARE NOT RELATED TO THE LAW ENFORCEMENT ACTIVITIES AND DUTIES OF THE SHERIFF.

(R22) S. 424 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R23) S. 378 -- Senators Rankin, Elliott and Greg Smith: A JOINT RESOLUTION TO PROVIDE FOR MAKING UP AN EDUCATION FINANCE ACT ALLOCATION UNDERPAYMENT TO A SCHOOL DISTRICT RESULTING FROM AN ERROR IN THE PREPARATION OF THE DISTRICT'S INDEX OF TAXPAYING ABILITY FOR SCHOOL YEAR 1992-93, TO REQUIRE THE UNDERPAYMENT TO BE MADE UP IN EFA DISTRIBUTIONS TO THE DISTRICT OVER THE SUCCEEDING TWO SCHOOL YEARS, TO PROVIDE FOR EFA ALLOTMENT CALCULATIONS DURING THE PAYBACK PERIOD, TO REQUIRE THE UNDERPAYMENT TO EXCEED TEN PERCENT FOR THE DISTRICT TO BE ELIGIBLE FOR THE MAKEUP PAYMENT, AND TO REQUIRE ANY SCHOOL TAX LEVIED TO MAKE UP THE UNDERPAYMENT TO BE TAKEN INTO ACCOUNT BY A CORRESPONDING REDUCTION IN THE TAX LEVY REFLECTING THE AMOUNT OF MAKEUP FUNDS RECEIVED IN A SUBSEQUENT YEAR.

(R24) S. 343 -- Senator Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL, TO REQUIRE THE SCHOOL DISTRICT TO REMIT TO THE GENERAL FUND ANY ADDITIONAL AMOUNT IT RECEIVED IF THE FINAL SETTLEMENT OF THE APPEAL RESULTED IN A VALUE HIGHER THAN THE VALUE ASSERTED BY THE TAXPAYER, AND TO REQUIRE THE AMOUNT REMITTED TO THE GENERAL FUND TO BE CONSIDERED AS APPROPRIATION UNDER THE EDUCATION FINANCE ACT AND INCLUDED IN THE EFA DISTRIBUTION TO DISTRICTS.

(R25) H. 3591 -- Reps. Stuart, Govan, Cobb-Hunter, Felder and Sharpe: AN ACT 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.

(R26) 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.

(R27) H. 3498 -- Reps. Vaughn, Wilkins, Cato, Fair, Clyborne, Jaskwhich, Haskins, Anderson, McMahand, Mattos, M.O. Alexander and Baker: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.

(R28) H. 3404 -- Rep. G. Bailey: AN ACT TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF ITS REGULATION BY THE LICENSING BOARD FOR CONTRACTORS, AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE OR APPLY TO A BUSINESS OR INDIVIDUAL SUBJECT TO LICENSING OR REGISTRATION UNDER THE RESIDENTIAL HOME BUILDERS LAW WHO INSTALLS FIRE ALARM SYSTEMS THAT ARE NOT MONITORED IN RESIDENTIAL BUILDINGS OR STRUCTURES.

(R29) 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.

(R30) H. 3457 -- Reps. McAbee, Carnell, D. Wilder, Waldrop, Stoddard, Klauber and Stille: AN ACT TO AMEND ACT 670 OF 1976, AS AMENDED, RELATING TO GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-10 AND 43-41-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND COMPOSITION OF THE COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO GLEAMNS AND TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-30 AND 43-41-80, BOTH RELATING TO COMPOSITION OF THE COMMISSION AND ADDING MEMBERS BY PETITION, SO AS TO DELETE OUTDATED FEDERAL REFERENCES; AND TO REPEAL SECTION 43-41-50 RELATING TO THE PROCESS FOR APPOINTING MEMBERS TO THE COMMISSION.

(R31) H. 3071 -- Rep. T.C. Alexander: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-45 SO AS TO PROVIDE THAT A STATE LICENSED OR STATE CERTIFIED REAL ESTATE APPRAISER IS NOT REQUIRED FOR REAL ESTATE-RELATED FINANCIAL TRANSACTIONS WHICH ARE EXEMPTED FROM THE APPRAISAL REQUIREMENT UNDER THE REGULATIONS OF THE FEDERAL BANKING AGENCIES; AND TO AMEND SECTION 12-4-335, RELATING TO THE QUALIFICATIONS REQUIRED OF PERSONS WHO REPRESENT TAXPAYERS IN THE ADMINISTRATIVE TAX PROCESS BEFORE A STATE OR LOCAL TAX AUTHORITY, SO AS TO ALLOW A REAL ESTATE APPRAISER TO REPRESENT A TAXPAYER IN AN ADMINISTRATIVE MATTER LIMITED TO THE VALUATION OF REAL PROPERTY AND TO PROVIDE EXCEPTIONS.

(R32) H. 3437 -- Reps. Wright and Quinn: AN ACT TO PROVIDE FOR THE ELECTION OF THE LEXINGTON COUNTY BOARD OF EDUCATION IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO REDUCE THE TERMS OF BOARD MEMBERS FROM FIVE YEARS TO FOUR, AND TO PROVIDE TRANSITION PROVISIONS RELATING TO THE TERMS OF CURRENT MEMBERS, TO PROVIDE FOR THE METHOD OF FILLING VACANCIES ON THE LEXINGTON COUNTY BOARD OF EDUCATION AND ON SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY, INCLUDING THE RICHLAND COUNTY PORTION OF SCHOOL DISTRICT 5, AND TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR THE LEXINGTON COUNTY BOARD OF EDUCATION.

The following were introduced:

S. 562 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2325 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF DEALER PLATES; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER PLATES, SO AS TO PROVIDE ADDITIONAL RESTRICTIONS ON THE ISSUANCE OF DEALER LICENSE PLATES AND PROHIBIT THE ISSUANCE OF WHOLESALER LICENSE PLATES; TO AMEND SECTION 56-3-2350, RELATING TO SPECIAL REGISTRATION, SO AS TO PROVIDE FOR USE OF TRANSPORTER LICENSE PLATES FOR DEALERS; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALE AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A DEALER LICENSE PLATE FROM IMPOSITION OF TAX.

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

S. 563 -- Senator Mitchell: A SENATE RESOLUTION TO WELCOME THE COUNCIL OF DELIBERATION, ANCIENT AND ACCEPTED SCOTTISH RITE OF FREEMASONRY S.J.P.H.A. AND THE ORDIE P. TAYLOR, JR., STATE GRAND ASSEMBLY TO MYRTLE BEACH, SOUTH CAROLINA FOR ITS REUNION AND ANNUAL SESSION ON MARCH 19-21, 1993.

Senator MITCHELL moved that the Senate Resolution 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 Senate Resolution was adopted.

H. 3727 -- Reps. Klauber, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND ZEDDIE MACKEY OF GREENWOOD COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3728 -- Reps. Klauber, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. ZOLTAN L. AGARDY OF GREENWOOD COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3083 -- Reps. Koon and Sturkie: A BILL TO PROHIBIT LEXINGTON COUNTY SCHOOL DISTRICT 1 FROM UNDERTAKING CONSTRUCTION OR RENOVATION PROJECTS BY MEANS OF LEASE-PURCHASE OR LEASE-LEASEBACK AGREEMENTS, TO PROVIDE THAT LEASE-LEASEBACK AND LEASE-PURCHASE AGREEMENTS ENTERED INTO BY THE GOVERNING BODY OF THE DISTRICT CONSTITUTE GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE SUBJECT TO THE DEBT LIMITATIONS IMPOSED BY ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, AND TO PROVIDE FOR GENERAL OBLIGATION DEBT EXISTING ON THE EFFECTIVE DATE OF THIS SECTION AND THE MANNER OF ISSUING ADDITIONAL GENERAL OBLIGATION DEBT.

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

Senator DRUMMOND from the Committee on Finance submitted a favorable report on:

S. 225 -- Senator Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1227 SO AS TO AUTHORIZE A TAX CREDIT OF TWENTY PERCENT OF COSTS FOR CONSTRUCTING LOW INCOME HOUSING THAT QUALIFIES FOR FEDERAL HOUSING AND URBAN DEVELOPMENT SUBSIDIES.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

S. 306 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE TAX NOTICES, SO AS TO REQUIRE SUCH NOTICES TO INCLUDE A STATEMENT THAT A DAMAGED OR HIGH MILEAGE VEHICLE MAY BE ELIGIBLE FOR A LOWER ASSESSMENT.

Ordered for consideration tomorrow.

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, Greg 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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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

The following Bills and Joint Resolution 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. 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. 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. 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.

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. 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.

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

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.

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

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

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.

Senator BRYAN made a motion to carry over all amendments to third reading.

There was no objection.

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.

Senator SETZLER explained the Bill.

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

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.

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.

Senator PEELER explained the Bill.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

On motion of Senator PASSAILAIGUE, S. 558 was ordered to receive a third reading on Thursday, March 18, 1993.

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.

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

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.

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

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.

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

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 McCONNELL, with unanimous consent, the Bill was carried over.

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

S. 229 -- Senator Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.

On motion of Senator MARTIN, the Bill was recalled from the General Committee.

On motion of Senator MARTIN, the Bill was ordered placed on the Calendar without reference.

On motion of Senator McGILL, with unanimous consent, the following appointment was taken up and confirmed by the Senate and ordered published in the Journal, to-wit:

Initial Appointment, Georgetown County Magistrate, with term to expire on April 30, 1995:

Benjamin F. Dunn, Post Office Box 44, Andrews, S.C. 29510 VICE Lucille B. Wilson (retired)

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.

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

Senator WILSON spoke on the Bill

Senator PATTERSON spoke on the Bill.

Senator WILSON explained the amendment.

Senator HOLLAND spoke on the amendment.

On motion of Senator MOORE, with unanimous consent, the Bill was read the second time with notice of general amendments on third reading, carrying over all amendments to third reading.

S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary (JUD235.001):

Amend the bill, as and if amended, page 1, line 41, in Section 19-11-100(A), as contained in SECTION 1, by inserting after the word /unless/ the following:

/the court from which enforcement of the subpoena is sought finds upon a showing by the party seeking to compel a testimony or production that/ Amend title to conform.

Senator McCONNELL spoke on the amendment.

Senator STILWELL spoke on the amendment.

Senator STILWELL moved to lay the amendment on the table.

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

Peeler Reese Richter
Stilwell Waldrep

Cork Courson Courtney
Giese Glover Gregory
Hayes Holland Jackson
Lander Leventis Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Rankin Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Thomas Washington Wilson

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

The amendment proposed by the Committee on Judiciary was adopted.

Senator STILWELL proposed the following Amendment No. 1 (JUD235.003):

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein:

/SECTION 1. The 1976 Code is amended by adding:

"Section 19-11-100. (A) As used in this section, `media' means the person, company, or entity who opposes enforcement of a subpoena in a judicial or administrative proceeding and is or has been actively engaged in gathering and disseminating news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium.

(B) The media may not be compelled to disclose information or to produce a document or item in any judicial or administrative proceeding if:

(1) the information, document, or item was obtained or prepared while the media was actively engaged in gathering and disseminating news for the public;

(2) the media is not a party to the judicial or administrative proceeding; and

(3) the court or administrative agency before which enforcement of the subpoena is sought finds that the interest of the media outweighs the interest of the party seeking such evidence and the interest of the public in enforcement of the subpoena and disclosure of the evidence. In making such a determination the court or administrative agency must consider the following factors:

(a) whether the information, document, or item sought to be compelled was obtained upon an express promise of confidentiality which was evidenced by a memorandum filed within a reasonable time with an appropriate editor or manager within the media's organization;

(b) whether the information, document, or item sought to be compelled is material and relevant to the controversy for which the testimony or production is sought;

(c) whether the information, document, or item sought to be compelled could be reasonably obtained by alternative means or from an alternative source;

(d) whether the information, document, or item sought to be compelled is essential to the preparation or presentation of the case of the party seeking enforcement of the subpoena;

(e) whether the information, document, or item sought to be compelled is being sought in order to harass the media or is being sought in bad faith; and

(f) whether the inconvenience or administrative burden that would be involved in enforcement of the subpoena would be any greater on the media than it would be on any other citizen being compelled to testify or produce material."/

Amend title to conform.

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

Senator RICHTER argued in favor of the adoption of the amendment.

On motion of Senator J. VERNE SMITH, with unanimous consent, debate was interrupted by adjournment, with Senator RICHTER retaining the floor.

At 2:11 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M.

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