South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Thursday, April 1, 1993

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear St. Luke's record of a special word on stewardship... in Phillips' rendering, Chapter 12 (48b):
"Every one to whom much is given,
of him will much be required; and
Of him to whom men commit much
they will demand the more."
Let us pray.

Lord of our planet, the Master of our consciences, You have given us much as a nation and as a State.

We thank You for our resources... both human and material... with an honorable past and a promising future.

We humble ourselves... and confess to You that we realize that we shall come under Your judgment if we fail to try to do, in our generation... and in the hour of our responsibility... those things that our consciences tell us ought... and must... be done for the continuing stability, growth, and development of our State as a worthy home for our children and Yours.

Keep us, O Lord, steadfast in the faith... and faithful in every hour of our stewardship... in the Name of the Lord of Hosts.

Amen.

Point of Quorum

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

Call of the Senate

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
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 Williams Wilson

The Senate resumed.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 11, 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.

Local Appointment

Appointment, Barnwell County Magistrate, with term to expire April 30, 1995:

Mr. William H. Bodiford, 515 Pascallas Street, Blackville, S.C. 29817 VICE Honorable H.T. Flowers (resigned)

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 15, 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.

Local Appointment

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

New Seat:

The Honorable Bart S. McGuire, 628 Fairforest Drive, Greenville, S.C. 29646

Remarks by Senator WILLIAMS

Senator WILLIAMS, with unanimous consent, was granted leave to address the body regarding H. 3546 (government restructuring).

On motion of Senator WILLIAMS, with unanimous consent, the following schedule of public hearings was ordered printed in the Journal:

DATES AND LOCATIONS FOR SENATE JUDICIARY

COMMITTEE PUBLIC HEARINGS ON RESTRUCTURING

Monday, April 12, 1993:

Corrections, Law Enforcement, The Judiciary, Quasi-Judicial

Agencies, and Governmental and Constitutional Superstructure

(Senator Donald H. Holland, Chairman)

Charleston (6:30 p.m., College of Charleston,

Physician's Auditorium)

Development, Public Works, Transportation, and Occupational

and Industrial Regulation

(Senator Glenn F. McConnell, Chairman)

Clemson (6:30 p.m., Strom Thurmond Institute)

Education and Cultural Enrichment

(Senator Edward E. Saleeby, Chairman)

Florence (6:30 p.m., Florence Darlington Technical

College Auditorium)

Health, Safety, Welfare, and Environment

(Senator Marshall B. Williams, Chairman)

Orangeburg (6:30 p.m., County Council Chambers, County

Administration Building)

Wednesday, April 14, 1993:

Development, Public Works, Transportation, and Occupational

and Industrial Regulation

(Senator Glenn F. McConnell, Chairman)

Spartanburg (6:30 p.m., County Council Chambers,

County Administration Building)

Health, Safety, Welfare, and Environment

(Senator Marshall B. Williams, Chairman)

Charleston (6:30 p.m., College of Charleston,

Physician's Auditorium)

Thursday, April 15, 1993:

Corrections, Law Enforcement, The Judiciary, Quasi-Judicial

Agencies, and Governmental and Constitutional Superstructure

(Senator Donald H. Holland, Chairman)

Spartanburg (6:30 p.m., County Council Chambers,

County Administration Building)

Development, Public Works, Transportation, and Occupational

and Industrial Regulation

(Senator Glenn F. McConnell, Chairman)

Florence (6:30 p.m., Florence Darlington Technical

College Auditorium)

Education and Cultural Enrichment

(Senator Edward E. Saleeby, Chairman)

Goose Creek (6:30 p.m., Stratford High School Auditorium)

Health, Safety, Welfare, and Environment

(Senator Marshall B. Williams, Chairman)

Rock Hill (6:30 p.m., TENTATIVELY SCHEDULED FOR

York Technical College,

Baxter Hood Conference Center)

Monday, April 19, 1993:

Corrections, Law Enforcement, The Judiciary, Quasi-Judicial

Agencies, and Governmental and Constitutional Superstructure

(Senator Donald H. Holland, Chairman)

Florence (6:30 p.m., Florence Darlington Technical

College Auditorium)

Development, Public Works, Transportation, and Occupational

and Industrial Regulation

(Senator Glenn F. McConnell, Chairman)

Rock Hill (6:30 p.m., Winthrop College, McBride Hall)

Health, Safety, Welfare, and Environment

(Senator Marshall B. Williams, Chairman)

Myrtle Beach (6:30 p.m., City of Myrtle Beach

Law Enforcement Center)

Tuesday, April 20, 1993:

Development, Public Works, Transportation, and Occupational

and Industrial Regulation

(Senator Glenn F. McConnell, Chairman)

Aiken (6:30 p.m., Municipal Center)

Thursday, April 22, 1993:

Corrections, Law Enforcement, The Judiciary, Quasi-Judicial

Agencies, and Governmental and Constitutional Superstructure

(Senator Donald H. Holland, Chairman)

Columbia (6:30 p.m., Gressette Senate Office Building)

Development, Public Works, Transportation, and Occupational

and Industrial Regulation

(Senator Glenn F. McConnell, Chairman)

Myrtle Beach (6:30 p.m., City of Myrtle Beach

Law Enforcement Center)

Education and Cultural Enrichment

(Senator Edward E. Saleeby, Chairman)

Greenville (6:30 p.m., Greenville Technical College,

J. Verne Smith Technical Resource Center)

Health, Safety, Welfare, and Environment

(Senator Marshall B. Williams, Chairman)

Aiken (6:30 p.m., Municipal Center)

Friday, April 23, 1993:

Development, Public Works, Transportation, and Occupational

and Industrial Regulation

(Senator Glenn F. McConnell, Chairman)

North Charleston (6:30 p.m., City Hall)

Point of Personal Interest

Senator DRUMMOND rose to a Point of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.

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

S. 625 -- Senator Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF RETAIL SALE FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO INCLUDE WITHIN THE DEFINITION SALES OF CORRECTIVE LENSES AND FRAMES TO OPTICIANS AND TO PROVIDE THAT OPTICIANS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THESE ITEMS.

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

S. 626 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL BUILDERS COMMISSION, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1526, 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. 627 -- Senator Ryberg: A BILL TO AMEND SECTIONS 14, 15, AND 16 OF ACT 503 OF 1982, RELATING TO THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE ITS AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.

Read the first time and referred to the local delegation.

S. 628 -- Senators Rankin, Drummond and J. Verne Smith: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDIA FOR PAYMENT OF PROPERTY TAXES, SO AS TO ALLOW PAYMENT OF PROPERTY TAXES BY CREDIT CARD AND TO DELETE OBSOLETE METHODS OF PAYMENT.

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

S. 629 -- Senators Matthews, Glover, Washington, Ford, Jackson, Mitchell and Patterson: A SENATE RESOLUTION CONGRATULATING DR. ALBERT E. SMITH, FORMERLY THE SIXTH PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY, ON BEING NAMED PRESIDENT OF FLORIDA MEMORIAL COLLEGE.

The Senate Resolution was adopted.

S. 630 -- Senators Bryan, Drummond and J. Verne Smith: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF DR. ROY B. SUBER OF LAURENS COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Senate Resolution was adopted.

S. 631 -- Senator Short: A CONCURRENT RESOLUTION CONGRATULATING THE CHESTER HIGH SCHOOL LADY CYCLONES ON WINNING THE 1993 GIRLS BASKETBALL STATE CHAMPIONSHIP.

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

S. 632 -- Senators Holland, Moore, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 14, 1993, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FOURTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 14, 1993, at 12:00 noon, for the purpose of electing a successor to the member of the South Carolina Public Service Commission from the Fourth Congressional District so as to fill an unexpired term which will expire in 1994.

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

H. 3737 -- Reps. Barber, J. Wilder, Harrell, Hallman, J. Bailey, Whipper, Inabinett, Breeland, Holt, Gonzales, A. Young, H. Brown, Law, Williams, Fulmer, Rogers, Cato, Sharpe, R. Smith, Stone, Huff, Rudnick, Keyserling, Wofford, Cobb-Hunter, G. Bailey, Hutson and R. Young: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO WORK WITH VARIOUS STATE AGENCIES AND THE CHARLESTON-TRIDENT AND AIKEN/BARNWELL AREA TO SEEK A HIGH PROPORTION OF THE PRESIDENT'S $47 BILLION ECONOMIC STIMULUS PACKAGE.

Whereas, the end of the Cold War is resulting in Department of Defense spending cutbacks that are likely to have major adverse economic impacts on the Charleston-Trident area; and

Whereas, the end of the Cold War is resulting in Department of Energy spending cutbacks that are likely to have major adverse economic impacts on the Savannah River site counties of Aiken and Barnwell; and

Whereas, as a result of the long-time presence of existing Department of Defense facilities, the Charleston-Trident area has available a large, highly-skilled work force with a tremendous amount of technical expertise; and

Whereas, as a result of the long-time presence of the existing Department of Energy facilities at the Savannah River site, the Aiken/Barnwell area has available a large, highly-skilled work force with a tremendous amount of technical expertise; and

Whereas, the President's economic stimulus package will provide over $47 billion to encourage job creation through investment in energy, environment, and transportation projects, as well as science and technology development; and

Whereas, there are many inter-modal transportation needs in the Charleston-Trident area, including mass transit, harbor and port facility improvements, and bridges; and

Whereas, the Aiken/Barnwell area provides a great opportunity to be the international high-tech industrial center for development, utilization, and national and worldwide transfer of nuclear waste clean-up technology, Now, therefore,

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

That the South Carolina General Assembly calls on the South Carolina Congressional Delegation to work with the State Energy Office, the South Carolina Department of Highways and Public Transportation, the agencies comprising the proposed Department of Natural Resources, and local authorities in the Charleston-Trident and Aiken/Barnwell area to immediately and aggressively seek a high proportion of the $47 billion economic stimulus package to create energy, environmental, and transportation jobs in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the South Carolina Congressional Delegation, the South Carolina Energy Office, and the South Carolina Department of Highways and Public Transportation, the agencies comprising the proposed Department of Natural Resources, and local authorities in the Charleston-Trident and Aiken/Barnwell areas.

Referred to the Committee on Labor, Commerce and Industry.

H. 3817 -- Rep. A. Young: A CONCURRENT RESOLUTION CONGRATULATING OAKBROOK ELEMENTARY SCHOOL IN LADSON, DORCHESTER COUNTY, ON BEING NAMED AS ONE OF "AMERICA'S BEST" SCHOOLS RECENTLY IN REDBOOK MAGAZINE.

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

H. 3833 -- Rep. Meacham: A CONCURRENT RESOLUTION COMMENDING THE TOWN OF FORT MILL IN YORK COUNTY UPON ITS PILOT PROGRAM TO START CURBSIDE RECYCLING EFFORTS AND TO ENCOURAGE ALL RESIDENTS OF WHITEVILLE PARK TO ACTIVELY PARTICIPATE.

Whereas, the town of Fort Mill recognizes the critical need to live within its budget and to instill in the citizens of the community the need for personal commitment to recycling efforts; and

Whereas, the town has a recycling center located on North White Street and has allocated $21,000 in its current budget to implement a recycling program; and

Whereas, the town pays approximately $30,000 a year to dispose of garbage and has an agreement with the City of Rock Hill to market the town's recyclable items; and

Whereas, in an effort to take responsibility for its own garbage and to avoid increased taxes to the town's people, the Whiteville Park neighborhood in the Town of Fort Mill will begin its pilot program in the near future to recycle clear, green, and brown glass, and newspapers; and

Whereas, we want the residents of the Town of Fort Mill to accept our full support in their unselfish acts of personal commitment of time and energy to save the many resources of their town, community, and State by becoming involved in recycling household garbage. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Town of Fort Mill in York County upon the implementation of its pilot program to start recycling efforts of household garbage and to encourage all residents of the Whiteville Park neighborhood to actively participate.

Be it further resolved that a copy of this resolution be forwarded to the Town of Fort Mill Council Members, Sam Griffin, Fort Mill Town Manager, and to the Fort Mill Times.

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

REPORTS OF STANDING COMMITTEES

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

S. 35 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-695, RELATING TO SEPTIC TANKS IN COUNTIES WITH A CITY OF A POPULATION OVER 70,000 PERSONS, SO AS TO REQUIRE SEPTIC TANKS THAT HAVE BEEN PERMANENTLY DISCONNECTED FROM RESIDENTIAL DWELLINGS OR COMMERCIAL ESTABLISHMENTS TO BE DRAINED AND FILLED AND TO PROHIBIT EXPANSION OF EXISTING STRUCTURES OR NEW CONSTRUCTION OVER SEPTIC TANKS THAT HAVE NOT BEEN DRAINED AND FILLED.

Ordered for consideration tomorrow.

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

S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.

Ordered for consideration tomorrow.

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

S. 348 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.

Ordered for consideration tomorrow.

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

S. 466 -- Senators Thomas, Courson, Mitchell and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO ENACT THE PROVIDER SELF-REFERRAL ACT; TO PROHIBIT HEALTH CARE PROVIDERS FROM REFERRING PATIENTS TO FACILITIES AND SERVICES IN WHICH THE PROVIDER HAS A FINANCIAL INTEREST UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE PENALTIES; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO GATHER DATA AND TO REPORT TO THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education polled out S. 215 favorable with amendment:

S. 215 -- Senators Elliott, Rankin, Greg Smith, Reese, McConnell, Wilson, Bryan, McGill, Short, Richter, Lander, Mescher, Passailaigue, Ford, Jackson, Gregory and Martin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.

Poll of the Education Committee on S. 215

Ayes 14; Nays 3; Not Voting 1

AYES

Setzler Bryan Giese
Matthews Wilson Patterson
Courson Stilwell Russell
Hayes Glover Lander
Mescher Rankin

TOTAL--14

NAYS

Saleeby Macaulay Cork

TOTAL--3

NOT VOTING

Washington

TOTAL--1

Ordered for consideration tomorrow.

Invitations Accepted

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

An invitation from Clemson University Division of Agriculture and Natural Resources to attend a social hour and dinner at the Woman's Club of Columbia on Tuesday, April 6, 1993, social hour at 6:00 P.M. and dinner at 7:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Thomas Patterson Russell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews Stilwell

TOTAL--2

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

An invitation from South Carolina Clean and Beautiful Governor's Comm. Imp. Bd. to attend a beach party and reception at the Sheraton on Tuesday, April 13, 1993, from 8:00 until 9:30 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Thomas Patterson Russell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews Stilwell

TOTAL--2

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

An invitation from Independent Banks of South Carolina to attend a reception at the Capital City Club on Tuesday, April 20, 1993, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Thomas Patterson Russell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews Stilwell

TOTAL--2

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

An invitation from Association of Citadel Men to attend a barbeque dinner at the Moore Building, State Fairgrounds on Wednesday, April 28, 1993, from 6:30 until 8:30 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Thomas Patterson Russell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews Stilwell

TOTAL--2

HOUSE CONCURRENCE

S. 623 -- Senators Macaulay, Mitchell and Glover: A CONCURRENT RESOLUTION RECOGNIZING KYLE HANKS, SUMMER HUGHES, QIANA MARTIN, EUGENIA WEBB, AND NICHOLAS WHITNER AND THEIR ADVISOR, ANGELA BLACKSTON HAMILTON OF OCONEE COUNTY FOR THEIR SUPERB REPRESENTATION OF THE STATE OF SOUTH CAROLINA IN NATIONAL HISTORY DAY LAST YEAR AT THE UNIVERSITY OF MARYLAND.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

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

H. 3748 -- Reps. Wilkins and Cato: 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.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: A BILL TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)

THIRD READING BILLS

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

S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.

S. 355 -- Senators Martin, Giese and J. Verne Smith: A BILL TO AMEND SECTION 41-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHEN AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE OCCURS WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR, THE EMPLOYER SHALL PREVENT THE DESTRUCTION, ALTERATION, OR REMOVAL OF ANY ITEMS, DOCUMENTS, OR EQUIPMENT FROM THE WORKSITE UNLESS THE PRIOR APPROVAL OF THE COMMISSIONER OF LABOR OR HIS DESIGNATED REPRESENTATIVE HAS BEEN OBTAINED; TO AMEND SECTION 41-15-280 OF THE 1976 CODE, SO AS TO PROVIDE AN EXCEPTION TO THE PROHIBITION THAT A CITATION MAY NOT BE ISSUED UNDER THIS SECTION AFTER THE EXPIRATION OF SIX MONTHS FOLLOWING THE OCCURRENCE OF ANY VIOLATION BY PROVIDING THAT A CITATION MAY BE ISSUED NO MORE THAN ONE YEAR FOLLOWING THE OCCURRENCE OF A VIOLATION WHICH IS DISCOVERED DURING THE INVESTIGATION OF AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR; AND TO AMEND SECTION 42-19-40 OF THE 1976 CODE, SO AS TO PROVIDE THAT SUCH RECORDS OF THE COMMISSION, WHICH ARE NOT OPEN TO THE PUBLIC, INSOFAR AS THEY REFER TO ACCIDENTS, INJURIES, AND SETTLEMENTS, MAY BE INSPECTED BY OTHER STATE AGENCIES SATISFYING THE COMMISSION OF THEIR INTEREST IN SUCH RECORDS AND OF THE RIGHT TO INSPECT THEM.

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

S. 419 -- Senators Martin and Moore: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

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

Third Reading Reconsidered--S. 419

Having voted on the prevailing side, Senator BRYAN asked unanimous consent to make a motion to reconsider the vote whereby the Senate previously gave third reading to the Bill.

There was no objection.

On motion of Senator BRYAN, with unanimous consent, notice of general amendments was given on the Bill (S. 419).

S. 609 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 610 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 40-59-70, 40-59-77, 40-59-80, 40-59-90, 40-59-100, 40-59-110, 40-59-130, 40-59-140, 40-59-160, ALL AS AMENDED, AND SECTIONS 40-59-75 AND 40-59-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO RESIDENTIAL HOME BUILDERS, SO AS TO ESTABLISH A FEE SCHEDULE UNTIL THE GENERAL ASSEMBLY APPROVES THE FEES BY REGULATION; DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIALTY CONTRACTOR; REQUIRE THAT A RESIDENTIAL SPECIALTY CONTRACTOR POST A BOND IF THE COST OF THE UNDERTAKING EXCEEDS FIVE THOUSAND DOLLARS, AND PROVIDE FOR RECIPROCITY FOR A RESIDENTIAL BUILDER'S LICENSE TO THOSE BUILDERS IN GOOD STANDING IN OTHER STATES.

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

S. 611 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING CHILD LABOR ACT ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1642, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 612 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO SAFETY STANDARDS FOR ELEVATOR FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 613 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO PROCEDURES FOR HEARING PAYMENT OF WAGES ADMINISTRATIVE APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 614 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-55-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PRESENTING OF A FALSE CLAIM FOR PAYMENT TO AN INSURER TRANSACTING BUSINESS IN THIS STATE, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ALSO APPLY TO FALSE CLAIMS FOR PAYMENT MADE TO HEALTH MAINTENANCE ORGANIZATIONS AND ANY PERSON INCLUDING THE STATE OF SOUTH CAROLINA PROVIDING BENEFITS FOR HEALTH CARE IN THIS STATE.

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

S. 615 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1592, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 616 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE SOUTH CAROLINA TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1506, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

AMENDED, READ THE THIRD TIME

SENT TO THE HOUSE

S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.

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

Senator PASSAILAIGUE proposed the following amendment (S0597.005), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting language of the resolution and inserting therein the following:

/ SECTION 1. No later than forty-five days after the effective date of this act, the Chief Insurance Commissioner of the South Carolina Department of Insurance is directed and required to issue an invitation for bids for any and all services which are currently paid for by, or provided to, the South Carolina Reinsurance Facility by designated carriers, non-profit service association of insurance companies, or other company not otherwise excluded in Section 4. The solicitation shall be conducted in strict accordance with the provisions of Chapter 35 of Title 11 generally, and specifically with respect to the provisions governing competitive sealed bidding. For the purpose of this solicitation, a person or organization responding to the invitation need not be a licensed insurance company or any other organization required to be licensed by the Insurance Commission in order to be a responsible bidder.

SECTION 2. Any contract or agreement currently in force for the provision of services to the South Carolina Reinsurance Facility by a designated carrier, non-profit service association of insurance companies, or other company not otherwise excluded by Section 4 is terminated not later than September 30, 1993, or the specified termination date, whichever comes first.

SECTION 3. (A) The Chief Insurance Commissioner of the South Carolina Department of Insurance is directed and required to perform an audit of the records of the South Carolina Reinsurance Facility for the purpose of providing the General Assembly a comprehensive report. The report must be completed by June 1, 1993, and must include:

(1) Comparative audited financial statements, including all applicable comparative schedules and footnote disclosures from each designated carrier and any company, organization, business, enterprise, or other entity with which a designated carrier, or the facility, contracts or has or has had a business relationship since 1987. This audit report is to be prepared by an independent certified public accountant and is to include all financial statements and footnote disclosures required under generally accepted accounting procedures. The commissioner must also include in the report the results of a review performed by the Department of Insurance of the books, records, and papers of any company, organization, business, enterprise, or other entity subject to licensure by the Department of Insurance which contracts with or has or has had a business relationship with a designated carrier since 1987.

(2) Supplemental comparative schedules to be included in the report are:

(a) a detailed schedule of profit or loss incurred by each of the designated carriers of the facility on facility business,

(b) a listing of all shareholders who own more than a five percent interest and their annual compensation,

(c) a listing of all shareholders who own more than a five percent interest in any entity, corporation, or partnership with related business contracts or interests to the designated carrier,

(d) an annual analysis of any distribution of profits to shareholders or partners who have an ownership interest of five percent or more,

(e) the amount of reserves held by each carrier for facility business and the income from the investment of such reserves,

(f) a detailed listing by item and amount of all expenses which each designated carrier is reimbursed by the facility, and

(g) a comparative analysis of loss ratios.

(3) A detailed listing of all expenses incurred by the facility.

(B) The commissioner must obtain from each designated carrier a complete audited financial statement from and a record of all transactions between each of the designated carriers and any company, organization, business, enterprise, or other entity with which a designated carrier contracts or has a business relationship.

SECTION 4. The provisions of this act requiring the solicitation of bids for services and mandating audit and disclosure do not apply to contracts utilized to enforce insurance policy sales between designated agents and insureds and the designated carriers, contracts for leasing or maintenance of office equipment or furniture, telephone services, office supplies, postal services, legal services, or other noninsurance-related contracts utilized in the ordinary course of everyday business operation.

SECTION 5. The results of the audits, reviews, and financial statements required herein must be collected and compiled by the commissioner and included in the report to the General Assembly, the contents of which or work products incidental thereto must not be disclosed to any source by the commissioner prior to or outside of the report. Any present designated carrier which has a contract or business relationship with any other company, organization, business, enterprise, or other entity subject to the provisions herein which refuses or fails to present the audited financial statements required herein, is ineligible to be considered in the bidding process provided for in Section 1.

SECTION 6. This act takes effect upon approval by the Governor. \

Amend title to conform.

Senator SALEEBY explained the amendment.

Senator PASSAILAIGUE spoke on the amendment.

There being no further amendments, the Resolution was read the third time and ordered sent to the House of Representatives.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

H. 3756 -- Rep. Stille: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR EACH PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE DETERMINED BY THE ABBEVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION.

S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.

S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.

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

Senators J. VERNE SMITH and WILSON proposed the following amendment (JIC\5740HC.93), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. Section 12-43-220(c) of the 1976 Code, as last amended by Act 361 of 1992, is further amended by adding at the end:

"Notwithstanding any other provision of law, at anytime that the owner or his agent makes a proper application for any tax year, current or past, for real property to be classified as legal residence as defined under this item, the assessor shall make a determination if the property should have been classified as legal residence. Upon determination that the real property qualified as the owner's legal residence, the assessor shall classify the real property as a legal residence for the tax years in question and shall notify the auditor and treasurer to issue a refund for any overpayment for each of the tax years."/

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH 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.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 513 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR USE OF INTERTIDAL OR SUBTIDAL BOTTOMS FOR SHELLFISH CULTURE OR MARICULTURE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY INCREASE TO A MAXIMUM OF ONE THOUSAND ACRES THE ACREAGE FOR SHELLFISH MARICULTURE OF AN APPLICANT WHO IS FULLY UTILIZING THE AREAS CURRENTLY PERMITTED, HAS MET PERMIT CONDITIONS, AND HAS DEMONSTRATED A NEED FOR SHELLFISH GROWING AREAS IN EXCESS OF FIVE HUNDRED ACRES.

AMENDED, READ THE SECOND TIME

S. 177 -- Senators Land and Leventis: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT, SO AS TO DELETE THE REQUIREMENT THAT THE EMPLOYEE PAY BOTH THE EMPLOYEE AND EMPLOYER COST OF HEALTH AND DENTAL INSURANCE.

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

The Finance Committee proposed the following amendment (JIC\5676HC.93), which was adopted:

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

/SECTION 1. Section 9-1-1850(A) of the 1976 Code, as last amended by Act 632 of 1988, is further amended to read:

"(A) For any retirement system provided for by law in this State the member of the retirement system, if he has at least twenty-five years of creditable service, may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him as an employee or member upon his paying into his retirement system the actuarial cost as determined by regulation promulgated by the governing or administering board of his retirement system, provided the actuarial cost must be determined on the basis of current salary or the highest fiscal year salary in the work career, whichever is greater. The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance. Any service credit purchased under this section qualifies the member for retirement and the member must retire within ninety days subsequent to the purchase."

SECTION 2. (A) This act takes effect upon approval by the Governor and applies with respect to payments made after December 31, 1992.

(B) Employer share payments made by employees after December 31, 1992, must be refunded upon application to the Division of Insurance Services of the State Budget and Control Board./

Amend title to conform.

Senator LAND explained the amendment.

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

OBJECTION

H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senator THOMAS objected to further consideration of the Resolution.

AMENDMENT PROPOSED, CARRIED OVER

H. 3278 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.

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

Senators MATTHEWS and ELLIOTT proposed the following amendment (WWW\30072DW.93):

Amend the joint resolution, as and if amended, page 1, line 29 by striking /328/ and inserting /32B/;

Amend further page 1, by striking, beginning on line 36 /and the project proposed for Plan Year 1993-94, priority number 7, is decreased by $125,000 for the state fund portion/;

Amend further by adding an appropriately numbered section to read:

/SECTION . Section 32C, Part II, Act 171 of 1991, is amended to read:

"(C) On the first day of the second fourth month after the Fund reaches eight million, eight nine hundred fifty-eight thousand dollars, the tax imposed by the provisions of this section is repealed."/.

Renumber sections to conform.

Amend title to conform.

On motion of Senator SETZLER, the Resolution was carried over with amendments.

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS

AMENDMENT PROPOSED, DEBATE INTERRUPTED

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 Amendment No. 1 (JUD235.003) proposed by Senator STILWELL and previously printed in the Journal of March 17, 1993.

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

Leave of Absence

At 12:05 P.M., Senator DRUMMOND requested a leave of absence until 3:00 P.M.

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

Leave of Absence

At 12:42 P.M., Senator MOORE requested a leave of absence for the balance of the day.

Senator GREG SMITH argued contra to the adoption of the amendment.

Leave of Absence

At 12:50 P.M., Senator RANKIN requested a leave of absence beginning at 1:00 P.M. until Monday, April 5, 1993.

Senator McCONNELL moved to lay the amendment on the table.

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

Ayes 23; Nays 16

AYES

Courson Courtney Glover
Hayes Holland Jackson
Lander Martin McConnell
McGill Mescher Mitchell
Passailaigue Rose Russell
Ryberg Saleeby Short
Smith, G. Smith, J.V. Thomas
Williams Wilson

TOTAL--23

NAYS

Bryan Cork Elliott
Giese Gregory Land
Leventis Macaulay Matthews
Patterson Peeler Reese
Richter Setzler Stilwell
Waldrep

TOTAL--16

The amendment was laid on the table.

Amendment No. 2

Senators McCONNELL and ROSE proposed the following Amendment No. 2 (235R003.GFM):

Amend the bill, as and if amended, item 1 of subsection (A) of Section 19-11-100 as contained in Section 1, by striking item 1 in its entirety and inserting a new item 1 to read as follows:

/ (1) was not obtained upon a promise of confidentiality, provided that for the purpose of this section, a promise of confidentiality is deemed not to exist unless the person, company, or entity from whom or which a testimony or production is sought provides the court a memorandum showing that the promise of confidentiality was made and which, within seventy-two hours after the promise was made, was prepared and signed by the person promising the confidentiality and was given to the editor, director, or manager of the person making the promise of confidentiality./

Amend title to conform.

On motion of Senator McCONNELL, debate was interrupted by adjournment.

MOTION ADOPTED

Confirmations Recorded

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

County Appointments

Greenwood County Magistrates, with terms to expire on April 30, 1995:

Initial Appointment

The Hon. Bart S. McGuire, 628 Fairforest Dr., Greenwood, S.C. 29646.

(New Seat)

Initial Appointment

The Hon. Leland C. Lumley, 300 Highway 246 South, Greenwood, S.C. 29646.

VICE James R. Waltman (resigned)

MOTION ADOPTED

Confirmation Recorded

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

County Appointment

Barnwell County Magistrate, with term to expire April 30, 1995:

Appointment

Mr. William H. Bodiford, 515 Pascallas St., Blackville, S.C. 29817.

VICE Hon. H. T. Flowers (resigned)

Time Fixed

Senator McCONNELL moved that when the Senate adjourns on Friday, April 2, 1993, it stand adjourned to meet next Tuesday, April 6, 1993, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 1:10 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


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