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, a famous lawyer... named Gamaliel... said
to the Sanhedrin in the Book of Acts (5:38-39) (NIV):

"Therefore, in the present case I advise you:

Leave these men alone! Let them go! For

if their purpose or activity is of human origin,

it will fail. But if it is from God,

you will not be able to stop these men: You

will only find yourselves fighting against God."
Let us pray.

Father in Heaven, we pray for that quality
of character that we call "integrity".

Help us to try with all our might to be
true to the highest... and the best... that we
know . . . in our every word and deed.

Help us to draw strength from above,
and help us to share that strength with others
who are carrying heavy loads . . . in the Name of
Him who said, "Bear ye one another's burdens."

Amen.

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

Senator ELLIOTT 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 Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
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.

Columbia, S.C., April 15, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed local appointment:

Appointment, Lee County Master-in-Equity, with term to expire December 31, 1995:

Robert D. Jennings, Esq., 1 Courthouse Square, Bishopville, S.C. 29010

Very respectfully,
Speaker of the House

Received as information.

Senator LAND introduced Dr. Clarence Coker of Manning, S.C., Doctor of the Day.

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

S. 460 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND ACT 127 OF 1989, AS AMENDED, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL AND MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO PROVIDE THAT, IF THE TOTAL TAX CREDIT PROVIDED IN ACT 127 OF 1989 EXCEEDS SEVEN MILLION DOLLARS, RATHER THAN FIVE MILLION DOLLARS, IN ANY ONE YEAR FOR ALL MEMBERS OF THE POOL, THE BOARD OF DIRECTORS OF THE POOL IS REQUIRED TO ESTABLISH A RATE FOR ALL POLICIES WHICH ASSURES THAT THE TAX CREDIT DOES NOT EXCEED SEVEN MILLION DOLLARS, RATHER THAN FIVE MILLION DOLLARS, IN THE FOLLOWING YEAR OF OPERATION.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

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

The following were introduced:

S. 696 -- Senators Elliott and Rankin: A BILL TO AMEND SECTION 48-39-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF TIME PERMIT APPROVED BY SOUTH CAROLINA COASTAL COUNCIL IS VALID, SO AS TO EXTEND THE TIME FROM THREE TO FIVE YEARS AND TO TEN YEARS FOR MARINA PERMITS AND TO PROVIDE FOR EXTENSIONS AND TOLLING DURING AN APPEAL.

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

S. 697 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO ESTABLISH THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS, DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, HEALTH PERMITS, QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES, DISPOSITION OF FINES AND FEES, AND ADVISORY COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION 47-19-35 SO AS TO PROVIDE FOR PERMITS FOR ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED AND WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND SECTION 47-6-10, RELATING TO THE REFERENCE FOR THE PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-6-50, RELATING TO IMPORTATION OF SWINE, SO AS TO DELETE THE REFERENCE TO FEEDING OR BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO BE ACCOMPANIED BY A HEALTH CERTIFICATE, REVISE RELATED REFERENCES, AND CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 47, RELATING TO REGULATION OF STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO DELETE SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT INSPECTION, REVOCATION, AND DURATION AND ADD SECTION 47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD IN A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY, PROVIDE FOR THE COMMISSION TO ADMINISTER THE ARTICLE, DELETE UNNECESSARY DEFINITIONS, REVISE PERMIT REQUIREMENTS, CHANGE THE REFERENCES TO STATE VETERINARIAN TO COMMISSION, PROVIDE FOR EQUINE SALE AND POULTRY FACILITIES WITHIN THE ARTICLE, REVISE BOND, LIVESTOCK FACILITY, AND RECORD REQUIREMENTS, CHANGE REFERENCES FROM CERTIFICATE OF HEALTH TO CERTIFICATE OF VETERINARY INSPECTION, DELETE PROVISIONS FOR SWINE INOCULATION AGAINST CHOLERA, PROVIDE FOR ESTABLISHMENT OF SLAUGHTER ASSEMBLY POINTS, AND REVISE PROVISIONS FOR INFECTED AND EXPOSED ANIMALS, FOR ENFORCEMENT, AND FOR PENALTIES; TO AMEND SECTION 47-13-10, RELATING TO THE DUTIES OF CLEMSON UNIVERSITY PERTAINING TO DISEASES AND INFECTIONS, SO AS TO DELETE THE UNIVERSITY'S DUTIES AND PROVIDE FOR THE PROVISIONS ON DISEASES AND INFECTIONS TO BE ADMINISTERED BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION; TO AMEND SECTION 47-13-20, RELATING TO THE POWERS OF THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION AND REVISE RELATED DUTIES; TO AMEND SECTION 47-13-30, RELATING TO EXPENSES OF THE STATE VETERINARIAN, SO AS TO DELETE EXPENSE PROVISIONS AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 47-13-110, RELATING TO DISEASED BIOLOGICAL PRODUCTS, SO AS TO REVISE THE LIMITATIONS ON THE POSSESSION, SALE, AND DISTRIBUTION OF THE PRODUCTS; TO AMEND SECTION 47-13-130, RELATING TO APPROPRIATION OF FUNDS TO ERADICATE DISEASES IN ANIMALS AND BIRDS, SO AS TO CHANGE REFERENCES FROM BIRDS TO POULTRY AND FROM CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE PROVISION FOR EMPLOYMENT BY THE UNIVERSITY; TO AMEND SECTION 47-13-150, RELATING TO THE QUARANTINE AGAINST IMPORTING CERTAIN PORK, SO AS TO REVISE THE QUARANTINE REQUIREMENTS AND PROVIDE FOR THEM TO APPLY TO THE IMPORTATION OF SLAUGHTERED MEAT OR POULTRY; TO AMEND SECTION 47-13-310, RELATING TO ORDERS TO DISINFECT, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO COMMISSION AND REVISE THE REQUIREMENTS FOR NOTICE TO PERSONS WITH INFESTED OR INFECTED LIVESTOCK, REQUIREMENTS FOR ACTION BASED ON THE NOTICE, AND PENALTIES; TO AMEND SECTION 47-13-340, RELATING TO THE VENUE OF PROSECUTIONS FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE TICK FEVER, SO AS TO PROVIDE FOR THE VENUE REQUIREMENTS TO APPLY TO ANIMALS, LIVESTOCK, OR POULTRY INFESTED OR INFECTED WITH OR EXPOSED TO A CARRIER OF AN INFECTIOUS, A CONTAGIOUS, OR A COMMUNICABLE DISEASE; TO AMEND SECTION 47-13-390, RELATING TO THE METHOD OF APPRAISAL OF ANIMALS TO BE KILLED, SO AS TO CHANGE THE REFERENCE TO THE CHAIRMAN OF THE VETERINARY COMMITTEE OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-420, RELATING TO EXPENSES OF ANIMAL APPRAISAL, SO AS TO CHANGE THE REFERENCES TO STATE VETERINARIAN AND CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE AUTHORIZED EXPENSES; TO AMEND SECTION 47-13-680, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH BRUCELLOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-690, RELATING TO INDEMNITY FOR INFECTED CATTLE, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-880, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH TUBERCULOSIS AND PARATUBERCULOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-1220, RELATING TO THE POWERS AND DUTIES OF CLEMSON UNIVERSITY AND THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCES FROM THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE THE REFERENCE TO THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1230, RELATING TO POULTRY PULLORUM AND TYPHOID REGULATIONS, SO AS TO PROVIDE FOR THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION TO PROMULGATE THE REGULATIONS INSTEAD OF CLEMSON UNIVERSITY AND DELETE PROVISIONS FOR THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1240, RELATING TO VIOLATIONS PERTAINING TO POULTRY PULLORUM AND TYPHOID, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-15-70, RELATING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CHAPTER PERTAINING TO FEEDING GARBAGE TO SWINE, SO AS TO PROVIDE FOR ADMINISTRATION AND ENFORCEMENT BY THE COMMISSION INSTEAD OF CLEMSON UNIVERSITY, DELETE THE PROVISION FOR REGULATIONS, AND INCLUDE THE CHAPTER PERTAINING TO THE COMMISSION IN THE ADMINISTRATION AND ENFORCEMENT; TO AMEND SECTION 47-15-80, RELATING TO VIOLATIONS PERTAINING TO THE CHAPTER ON SWINE, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-20, RELATING TO DEFINITIONS PERTAINING TO THE MEAT AND MEAT FOOD REGULATIONS AND INSPECTION LAW, SO AS TO REVISE THE DEFINITION OF DIRECTOR AND PROVIDE FOR THE LAW TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-17-100, RELATING TO CERTAIN VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-120, RELATING TO LICENSES FOR ESTABLISHMENTS WHERE ANIMALS ARE SLAUGHTERED OR MEAT IS PACKED, SO AS TO CHANGE THE REFERENCE TO LICENSE TO PERMIT, INCLUDE EQUINE WITHIN THE PERMITTING PROVISIONS, REVISE THE PERMIT FEE AND OTHER REQUIREMENTS, AND DELETE THE AUTHORIZATION FOR CERTAIN REGULATIONS; TO AMEND SECTION 47-19-10, RELATING TO THE CITE TO THE SOUTH CAROLINA POULTRY PRODUCTS INSPECTION ACT OF 1969, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-19-20, RELATING TO DEFINITIONS PERTAINING TO THE 1969 ACT, SO AS TO DELETE THE DEFINITION FOR THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, DEFINE COMMISSION, AND CHANGE THE REFERENCE TO CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DEPARTMENT TO COMMISSION; TO AMEND SECTION 47-19-30, RELATING TO THE STATE AGENCY TO COOPERATE WITH THE SECRETARY OF AGRICULTURE UNDER THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY AND ITS LIVESTOCK-POULTRY HEALTH DEPARTMENT AND DIRECTOR TO THE COMMISSION AND CLARIFY THE REFERENCE TO DIRECTOR; TO REPEAL ARTICLE 5, CHAPTER 9, TITLE 47 RELATING TO IMPORTATION OF LIVESTOCK, SECTIONS 47-13-40 RELATING TO QUARANTINE BY THE STATE VETERINARIAN, 47-13-50 RELATING TO LIVESTOCK DISEASE REGULATIONS, 47-13-90 RELATING TO THE HOG CHOLERA VIRUS, 47-13-100 RELATING TO HOG CHOLERA REPORTS, 47-13-120 RELATING TO OBSTRUCTION OF THE STATE VETERINARIAN IN DISCHARGING HIS DUTIES, 47-13-140 RELATING TO EMBARGOES ON IMPORTING LIVESTOCK OR POULTRY; 47-13-330 RELATING TO PENALTIES FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE FEVER TICK, AND 47-13-350 RELATING TO TREATMENT OR DESTRUCTION OF DISEASED ANIMALS, ARTICLE 9, CHAPTER 13, TITLE 47 RELATING TO HOG CHOLERA, AND SECTION 47-17-110 RELATING TO NOTICE OF VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.

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

S. 698 -- Senators Elliott, Rankin and Greg Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2423 SO AS TO DEDICATE ONE-FOURTH OF ADMISSIONS TAX REVENUES FROM THE FIRST FIFTEEN YEARS OF OPERATION OF A MAJOR TOURISM OR RECREATION FACILITY TO THE COUNTY OR MUNICIPALITY IN WHICH THE FACILITY IS LOCATED FOR ADDITIONAL INFRASTRUCTURE IMPROVEMENTS, TO DEDICATE AN ADDITIONAL ONE-FOURTH OF SUCH ADMISSIONS TAXES FOR FIFTEEN YEARS TO A SPECIAL TOURISM INFRASTRUCTURE DEVELOPMENT FUND WHICH MUST BE USED TO PROVIDE INFRASTRUCTURE DEVELOPMENT GRANTS TO LOCAL UNITS OF GOVERNMENT WITHIN FIVE MILES OF A MAJOR TOURISM OR RECREATION FACILITY, TO DEFINE "MAJOR TOURISM OR RECREATION FACILITY", "ADDITIONAL INFRASTRUCTURE IMPROVEMENTS", AND "DESIGNATED DEVELOPMENT AREA", AND TO AMEND SECTION 41-45-20, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE LOCAL INFRASTRUCTURE GRANTS.

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

S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.

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

S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

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

S. 701 -- Senators Bryan and Elliott: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR THE REVIEW OF THE PLANS OF CARE FOR INDIVIDUALS IN A RESIDENTIAL CARE FACILITY AND A COMMUNITY MENTAL HEALTH CENTER DAY PROGRAM.

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

S. 702 -- Education Committee: A BILL TO AMEND SECTIONS 59-109-30, 59-109-50, 59-109-70, 59-109-80, 59-109-90, 59-109-100, 59-109-110, 59-109-120, 59-109-130, 59-109-140, AND 59-109-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY ACT FOR PRIVATE NONPROFIT INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE DEFINITIONS AND PROVIDE ADDITIONAL DEFINITIONS; TO REVISE AND ADD ADDITIONAL POWERS TO THE AUTHORITY, INCLUDING THE POWER TO ENTER INTO AGREEMENTS NECESSARY OR INCIDENTAL FOR ISSUING BONDS OR COMPLETING A PROJECT, TO ENTER INTO FINANCING AGREEMENTS, TO MAKE BOND PROCEEDS AVAILABLE BY LOAN PURSUANT TO A FINANCING AGREEMENT, TO LEASE OR SELL PROJECTS PURSUANT TO A FINANCING AGREEMENT, TO PLEDGE OR ASSIGN FUNDS PURSUANT TO A FINANCING AGREEMENT TO THE PAYMENT OF BONDS; TO AUTHORIZE THE AUTHORITY TO ACQUIRE LAND FOR THE ACQUISITION OF PROJECTS; TO AUTHORIZE PROJECTS OWNED BY THE AUTHORITY AND LEASED TO A PARTICIPATING INSTITUTION TO BE TRANSFERRED TO THE INSTITUTION, AND TO AUTHORIZE FINANCING AGREEMENTS TO CONTAIN PROVISIONS ALLOWING OPTIONS TO RENEW A LEASE OR PURCHASE A PROJECT BEFORE RETIREMENT OF THE BONDS, INCLUDING PURCHASE AT LESS THAN FAIR MARKET VALUE; TO PROVIDE ADDITIONAL PROVISIONS WHICH MAY BE INCLUDED IN PROCEEDINGS AUTHORIZING OR TRUST AGREEMENT PROVIDING FOR BONDS AND A RELATED FINANCING AGREEMENT; TO PROVIDE THAT ONLY AMOUNTS PAID BY A PARTICIPATING INSTITUTION PURSUANT TO A FINANCING AGREEMENT ARE PLEDGED TO THE PAYMENT OF THE BONDS; TO PROVIDE THAT FINANCING AGREEMENTS REQUIRE INSTITUTIONS TO COMPLETE PROJECTS IF BOND PROCEEDS ARE INSUFFICIENT, TO MAKE SUFFICIENT PAYMENTS TO PAY PRINCIPAL, INTEREST, AND ANY PREMIUMS ON BONDS, AND TO MAINTAIN RESERVES AS SET BY THE AUTHORITY, AND TO ALLOW THE AUTHORITY TO REQUIRE OTHER SETASIDES OF AMOUNTS DERIVED FROM FINANCING AGREEMENTS; TO PROVIDE THAT BONDS MAY BE ISSUED PURSUANT GENERALLY TO PROCEEDINGS RATHER ONLY BY RESOLUTION, AND TO PROVIDE THAT A PARTICIPATING PUBLIC INSTITUTION OF HIGHER LEARNING IN OPERATING OR MAINTAINING A PROJECT IS AN ESSENTIAL PUBLIC FUNCTION.

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

S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.

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

On motion of Senator REESE, S. 703 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 704 -- Senators Wilson, Courson, Russell, Giese, Courtney, Ryberg, Stilwell, Cork, McGill, Thomas, Richter, Peeler, Martin, Mescher, Rose and Gregory: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE FOR THE DISTINGUISHED SERVICE OF JOHN S. SIMMONS AS UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 705 -- Senator Martin: A BILL TO AMEND CHAPTER 10 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION OF OFF-ROAD MOTORCYCLES AND ALL TERRAIN VEHICLES.

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

S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.

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

S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.

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

H. 4108 -- Reps. Rogers, Waites and Harrison: A CONCURRENT RESOLUTION CONGRATULATING THE DECATHLETES OF DREHER HIGH SCHOOL OF RICHLAND COUNTY ON WINNING THE 1993 SOUTH CAROLINA ACADEMIC DECATHLON AT COKER COLLEGE, AND EXTENDING THE DREHER TEAM AND COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 20, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR THEIR ACHIEVEMENTS.

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

H. 4121 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 18, 1993, AND SATURDAY, JUNE 19, 1993.

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

That the Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Friday, June 18, 1993, from 2:00 p.m. to 4:30 p.m., and on Saturday, June 19, 1993, from 9:00 a.m. to 12:00 noon for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

Referred to the Committee on Invitations.

H. 4122 -- Reps. Rudnick, Sheheen, Wilkins, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS NANCY MOORE THURMOND, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Whereas, it was with the most profound sorrow that we received the news of the death of Nancy Moore Thurmond, the beautiful and admired daughter of Senator and Mrs. Strom Thurmond; and

Whereas, Nancy was critically injured in an auto-pedestrian accident on Tuesday, April 13, 1993, and died the next day from the overwhelming injuries she sustained; and

Whereas, Nancy, the eldest child of Senator and Mrs. Thurmond, was a twenty-two-year-old senior at the University of South Carolina, was a former Miss Liberty, and participated in the Miss South Carolina Scholarship Pageant; and

Whereas, she was a talented, caring, highly intelligent young woman who had the world at her fingertips and would have succeeded in grand fashion in any profession she might have chosen; and

Whereas, we share the Thurmond family's grief and wish with all our hearts and our strength that this had not happened; and

Whereas, we want Senator and Mrs. Thurmond and all of the rest of Nancy's family and her many, many friends to know that they are uppermost in our thoughts and prayers and will forever have our deepest sympathy and our love. 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, express deepest sorrow at the death of Miss Nancy Moore Thurmond and extend sympathy to her family and all of her friends.

Be it further resolved that a copy of this resolution be forwarded to the family of Miss Nancy M. Thurmond.

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

H. 3142 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 16-13-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIVING STOLEN GOODS, SO AS TO REVISE THE ELEMENT OF "KNOWINGLY" TO MEAN "KNOWLEDGE" OR "REASON TO BELIEVE".

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

H. 3213 -- Rep. Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-75 SO AS TO CREATE A CRIMINAL OFFENSE FOR TRESPASSING ONTO OR REFUSING TO LEAVE A STATE MENTAL HEALTH FACILITY AND TO PROVIDE PENALTIES AND MUNICIPAL AND MAGISTRATE'S COURT JURISDICTION.

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

H. 3873 -- Rep. Walker: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1992-93 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP, AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

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

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 352 -- Senators Washington, Jackson, Ford, Glover and Hayes: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.

Ordered for consideration tomorrow.

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

S. 595 -- Senators Drummond, Russell, J. Verne Smith and Passailaigue: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED, INCLUDING A REQUIREMENT THAT THE MINIMUM EIGHTY-FIVE MILLION DOLLAR INVESTMENT THRESHOLD FOR THE FEE ARRANGEMENT MAY NOT BE REDUCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, DEFINED AS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE, AND THE TRANSFERABILITY OF AN INTEREST IN A FEE IN LIEU OF TAXES AGREEMENT.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

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

Ordered for consideration tomorrow.

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

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 26 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240, SO AS TO REQUIRE INDIVIDUAL AND GROUP INSURANCE POLICIES DELIVERED, ISSUED, RENEWED, EXTENDED, OR MODIFIED BY INSURERS PROVIDING MEDICAL OR DENTAL COVERAGE OR BOTH TO PROVIDE COVERAGE FOR THE NECESSARY CARE AND TREATMENT OF MEDICALLY DIAGNOSED CONGENITAL OROFACIAL ANOMALIES, AND TO REQUIRE THAT SUCH COVERAGE BE IMMEDIATE AND FULL WITHOUT REGARD TO ANY PROVISION IN THE POLICY REDUCING OR EXCLUDING BENEFITS FOR CONDITIONS WHICH PREEXISTED THE EFFECTIVE DATE OF THE POLICY.

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

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

H. 3400 -- Reps. Harwell, Rudnick, Elliott, Jennings, McKay, Kirsh, Boan, Hodges, J. Harris, Spearman, Gonzales and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-80 SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTAIN ASSIGNMENTS OR COLLATERAL ASSIGNMENTS OF RENTS, ISSUES, OR PROFITS ARE VALID, ENFORCEABLE AND PERFECTED.

Senators SALEEBY and PEELER spoke on the Bill.

S. 155 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.

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

Senator RYBERG proposed the following amendment (155R001.WGR), which was adopted:

Amend the committee report, as and if amended, page 155-7, beginning on line 43, by striking SECTION 4 in its entirety.

Amend title to conform.

Senator RYBERG spoke on the amendment.

The Judiciary Committee proposed the following amendment (JUD155.005), which was adopted:

Amend the bill, as and if amended, by striking all after the title and inserting therein the following:

/ Whereas, according to the "1991 South Carolina Prevalence Study of Drug Use Among Women Giving Birth", over fifteen thousand infants, representing approximately twenty-five percent of the births in this State, are born each year in this State to women who used alcohol, illegal drugs, or nonprescribed drugs during the latter stages of pregnancy; and

Whereas, the problem of alcohol and drug use among women giving birth is not limited to any one group of women or one area of the State and the percentage of women using alcohol and drugs varies by type of drug, geographic location, and characteristics of the women; and

Whereas, the use of alcohol and other drugs during pregnancy can have serious consequences on the health of the baby, on the woman, and on society in general; and

Whereas, prenatal exposure to alcohol and other drugs is associated with mental retardation, low birth weight, learning disabilities, drug withdrawal symptoms, cleft palate, and other facial abnormalities among infants; and

Whereas, alcohol and other drug use also is associated with increased risk of premature delivery, increased risk of premature separation of the placenta, and increased risk of miscarriage; and

Whereas, women who use alcohol and other drugs during pregnancy are more likely to have other poor health behaviors, such as smoking cigarettes, poor nutrition, inadequate prenatal care, starting prenatal care later and having no prenatal care at all, and are at a higher risk for hepatitis and sexually transmitted diseases; and

Whereas, the costs of these health problems to society are enormous and result from the increased need for neonatal intensive care due to premature and low weight births, social services, including the foster care system, and special education services; and

Whereas, the excess medical cost of caring for drug-exposed infants can easily exceed fifty thousand dollars an infant in the first year of life and the lifetime economic cost associated with each of the children severely affected by drugs before birth can exceed one million dollars. Now, therefore,

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

SECTION 1. This act may be cited as the "South Carolina Drug Impaired Infants Act".

SECTION 2. It is the policy of this State that:

(1) Prevention of harm to the fetus is the primary objective of this State and its subdivisions in formulating programs and policies to address the use of alcohol or other drugs during pregnancy.

(2) Programs and policies to address the use of alcohol or other drugs during pregnancy should concentrate on measures that improve the individual's ability to act responsibly. Punitive or coercive measures should be used only as a last resort.

(3) Prenatal harm can be caused by exposure to various drugs, including alcohol, and is often a result of multiple exposures as well as other influences, such as poor maternal health, malnutrition, and lack of prenatal care. The most effective way to prevent this harm is to improve the overall well-being and the self-esteem of women. Efforts to prevent prenatal harm should utilize innovative strategies aimed at the broad range of factors contributing to harm associated with prenatal substance abuse. New models of service delivery should be developed to increase the utilization of available services, using outreach and community-based services as means for identifying and serving the target population.

(4) The use of alcohol and other drugs by women places them at risk for the development of numerous physical and psychological problems. Women whose physical or psychological health is compromised have diminished capacity to care for themselves and their families as well as to participate meaningfully in the community in which they live. Alcohol and other drug abuse isolates women from the institutions of society which support the building and maintenance of self-respect and healthy relationships. Progress and policies of the State and its subdivisions should seek to promote health enhancing behaviors in women and to develop treatment programs which improve the capacity of women to function fully within their communities.

(5) Prevention, treatment, rehabilitation, and support services for alcohol and other drug abuse, which reflect the unique needs of pregnant women, should be accessible and available to these women. Public and private funds and resources should be identified to implement model intervention programs. Providers of alcohol or drug treatment services must not discriminate against pregnant women or women of childbearing age in providing these services. Pregnant women should be given priority access to treatment services for alcohol or drug dependency.

(6) Adequate prenatal care, through the public and private sectors, should be available and accessible for every pregnant woman. In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship should be protected.

(7) All men and women of childbearing age should be educated about the physical, emotional, and medical effects of alcohol and other drug use during pregnancy. Appropriate educational materials and programs should be developed for use in schools. Educational efforts should emphasize prevention.

(8) All agencies with functions related to use of alcohol or other drugs by pregnant women, including health, social services, corrections, and law enforcement agencies, shall develop plans and interagency policies for coordination of services and resources. These plans and policies should provide for a continuum of services to prevent harm caused by prenatal exposure to alcohol or other drugs. They should include innovative strategies that take into consideration social conditions likely to affect the success of prevention or treatment initiatives, including housing, child care, transportation, and job training specific to women's needs.

(9) Health, social services, and educational agencies shall develop plans and interagency policies for coordination of services and resources to meet the special needs of children who have been harmed by prenatal exposure to alcohol and other drugs.
(10) Statutes, including statutes defining the authority of state or local agencies or providers of services, must be broadly construed to accomplish the policies set forth in this act.
(11) The policies provided for in this act shall be implemented through the cooperative efforts of state, county, and municipal legislative, judicial, and executive branches, as well as other public and private resources. Where resources are limited, services must be targeted to have the greatest impact on preventing harm associated with prenatal exposure to alcohol or other drugs.

SECTION 3. Title 44 of the 1976 Code is amended by adding:

Section 44-54-10. A physician licensed in South Carolina who provides obstetrical or gynecological care to a patient who is pregnant shall counsel the patient on the perinatal effects of smoking cigarettes, the use of alcohol, and the use of a controlled substance as defined in Section 44-53-110, as well as other risk factors appearing to be present in the patient's life. A physician may fulfill this obligation by causing a nurse, social worker, or other allied health professional to provide the required counseling. A statement evidencing that this counseling has been provided and signed by the patient or by the person giving this counseling must be maintained as part of that patient's medical records.

Section 44-54-20. The South Carolina Department of Health and Environmental Control, in cooperation with the South Carolina Commission on Alcohol and Drug Abuse, shall develop and provide educational programs and materials to physicians who provide obstetrical or gynecological care, to other health care providers who provide services for pregnant women, to hospitals, and to other appropriate persons and entities. This information must include, but is not limited to:

(1) the effects of cigarettes, alcohol, and controlled substances on pregnancy and fetal outcome;

(2) how other aspects of a woman's life, such as poor nutrition and domestic violence, interact with substance abuse to affect fetal outcome;

(3) what services are available for addicted or substance-abusing women and their families;

(4) the harm done to fetuses from drug use by the mother; and

(5) the law relating to drug use during pregnancy, including the provisions of this chapter.

Section 44-54-30. The South Carolina Commission on Alcohol and Drug Abuse shall establish and maintain a toll-free information line to provide information on resources for substance abuse and to assist with referral for substance-abusing pregnant women.

Section 44-54-40. A pregnant woman referred for substance abuse treatment must receive first priority for use of available treatment. All records and reports regarding the pregnant woman are confidential. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that family oriented substance abuse treatment is available, as appropriations allow. Substance abuse treatment facilities that receive public funds may not refuse to treat a woman solely because she is pregnant.

Section 44-54-50. (A) A physician or health care provider, upon identification of a woman with a high risk pregnancy due to the abuse of alcohol or a controlled substance or whose newborn child reasonably appears to have been exposed to alcohol or controlled substances in utero, shall inform the woman of the availability of services offered by substance abuse programs and the option of referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services.

(B) Upon consent by a woman identified in accordance with subsection (A) the physician or health care provider shall within seventy-two hours of making the identification make a referral to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.

(C) Any individual providing a government service to a woman identified in accordance with subsection (A) may refer the woman, with the woman's consent, to the South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services. The commission's toll-free information line and any other reasonable means may be used for this purpose.

(D) The South Carolina Commission on Alcohol and Drug Abuse Office of Women's Services promptly must refer each woman referred in accordance with subsections (B) or (C) to a substance abuse program licensed by the Department of Health and Environmental Control and chosen by the woman, or if the woman does not choose a substance abuse program licensed by the Department of Health and Environmental Control, to the county drug and alcohol abuse authority in the county in which the woman resides. This substance abuse program or county drug and alcohol abuse authority must provide assessment and interdisciplinary treatment to each woman for whom a referral is made in accordance with subsections (B) or (C), and must report to a physician or other health care provider treating the woman the failure of the woman to comply with any reasonable plan of assessment or treatment prescribed by the substance abuse program or the county drug and alcohol abuse authority.

(E) Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to Section 20-7-510. Nothing in this section shall preclude or interfere with voluntary admission to a drug treatment facility or emergency drug treatment pursuant to Chapter 52 of Title 44.

(F) A physician, health care provider, or other individual providing a government service who in good faith substantially complies with this section is immune from any civil liability that otherwise might result by reason of this compliance.

(G) Referral and associated documentation resulting from compliance with this section is confidential and may not be used in any criminal prosecution.

(H) The consent required by subsections (B) and (C) is considered a waiver of confidentiality solely for the purpose of making the report pursuant to subsections (B) and (C)."

SECTION 4. Chapter 13, Title 61 of the 1976 Code is amended by adding:

"Section 61-13-890. (A) Every person engaged in the business of selling at retail beer, wine, or liquor shall post in every location for which he has obtained a license or permit a sign with the following words printed thereon:

(B) The sign required by this section must be no smaller than six inches high by twelve inches wide, with print no smaller than one-half inch bold print in clear, readable letters. The number for the South Carolina Commission on Alcohol and Drug Abuse's toll-free information line may be handwritten on the line following `CALL'. The Alcoholic Beverage Control Commission shall prescribe by regulation the location of the sign in a conspicuous place on the seller's premises.

(C) Any retail seller of beer, wine, or liquor who fails to display the sign required by the provisions of this section is subject to suspension or revocation of any license or permit issued pursuant to this title."

SECTION 5. Section 20-7-290 of the 1976 Code is amended to read:

"Section 20-7-290. (A) Health services of any kind may be rendered to minors a minor of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such the services are deemed considered necessary unless such involves the services involve an operation which shall may be performed only if such it is essential to the health or life of such child the minor in the opinion of the performing physician and a consultant physician if one is available.

(B) A physician providing care for a newborn child may order testing for alcohol and other drugs without the consent of a parent or legal guardian if the testing is medically necessary to protect the health of the newborn child in the opinion of the performing physician. Consent from the mother should be sought before testing, if practicable.

(C) Information obtained from the drug or alcohol testing performed on a newborn must not be disclosed in a manner that would identify the child or parents to anyone other than the child's parents or guardian, except:

(1) to make a report pursuant to Section 20-7-510 and to cooperate with an investigation pursuant to such report;

(2) to obtain treatment or other services or benefits for the child or the child's family;

(3) as may be permitted by Section 44-53-140 pursuant to Chapter 52 of Title 44; or

(4) upon consent of a custodial parent or legal guardian.

Any person who discloses such information except as authorized in this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both."

SECTION 6. Section 20-7-510 of the 1976 Code is amended by adding:

"(D) A person is not required to report based on positive results of drug or alcohol testing performed on a newborn unless the test results combine with one or more other factors, such as the infant's home or family situation or condition, to give the reporter reason to believe that a child's physical or mental health or welfare may be affected adversely by abuse or neglect while in the care of a parent, legal guardian, or custodian."

SECTION 7. Section 44-7-260 of the 1976 Code, as last amended by Act 501 of 1990, is further amended by adding:

"(F) No facility or service that provides diagnostic, treatment, or rehabilitative services related to the abuse of alcohol or other drugs may refuse to provide these services to a woman solely because the woman is pregnant. Pregnant women must be given priority access to these services. Diagnostic, treatment, or rehabilitative services must be provided in accordance with accepted professional standards applicable to the treatment of abuse of alcohol or other drugs in pregnant women. All treatment providers must ensure that family-oriented substance abuse treatment is available, as resources may allow."

SECTION 8. Section 44-49-40(c) of the 1976 Code is amended by adding:

"(11) Coordinate these matters relating to prenatal substance abuse:

(a) study of issues related to prenatal substance abuse;

(b) development of prevention and treatment strategies;

(c) education of policymakers and other relevant professionals;

(d) identification of grants and other private funding sources and the coordination of efforts to obtain these funds; and

(e) provision of interagency communications and actions relating to the use of alcohol and other drugs during pregnancy."

SECTION 9. Section 44-53-140 of the 1976 Code is amended to read:

"Section 44-53-140. (A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort.

(B) When a person seeks prenatal care from a licensed health care provider, no statement made by the person and no observation or conclusion of the health care provider is admissible against the person in any proceeding. The results of an examination to determine the existence of alcohol or other drugs in the person's body or in the body of the newborn child of the person are not admissible in any proceeding against the person. However, the provider may release that information necessary to bring about the commitment of the person for alcohol or drug treatment pursuant to Section 44-52-110, where the release is consistent with professional standards of care. The provider also may release information necessary to judicial proceedings that are initiated by the Department of Social Services following a report under Section 20-7-510. The privilege belongs to the person and may be waived by the person."

SECTION 10. Section 59-32-20 of the 1976 Code is amended by adding a new paragraph at the end of the section to read:

"All school districts shall develop and include in their drug and alcohol education programs in grades one through twelve, age appropriate drug education curricula concerning the physiological effects and problems before and after birth caused by the use of cigarettes, alcohol, and controlled substances."

SECTION 11. Section 59-32-30(A) of the 1976 Code is amended by adding at the end:

"(7) Where appropriate to the students' age group, a program of instruction in reproductive health education or substance use or abuse must include instruction concerning the effects of the use and abuse of cigarettes, alcohol, and controlled substances on persons of reproductive age, pregnant women, and fetuses."

SECTION 12. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 8 of this act.

SECTION 13. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator RYBERG spoke on the amendment.

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

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

S. 694 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-990 SO AS TO PROVIDE THAT THE COMMISSION ON PROSECUTION COORDINATION MAY PROMULGATE THOSE REGULATIONS NECESSARY TO ASSIST IT IN THE PERFORMANCE OF ITS REQUIRED DUTIES AND TO AMEND SECTION 8-11-260, RELATING TO STATE EMPLOYEES WHO ARE EXEMPT FROM THE STATE CLASSIFICATION AND COMPENSATION PLAN, SO AS TO ALSO EXEMPT THE EMPLOYEES OF THE COMMISSION ON PROSECUTION COORDINATION.

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

On motion of Senator HOLLAND, S. 694 was ordered to receive a third reading on Friday, April 16, 1993.

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.

On motion of Senator SALEEBY, S. 545 was ordered to receive a third reading on Friday, April 16, 1993.

H. 3605 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO SPECIAL NEEDS FINANCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1535, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SALEEBY explained the Resolution.

On motion of Senator SALEEBY, H. 3605 was ordered to receive a third reading on Friday, April 16, 1993.

H. 3606 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO THE DOWNPAYMENT ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1534, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SALEEBY explained the Resolution.

On motion of Senator SALEEBY, H. 3606 was ordered to receive a third reading on Friday, April 16, 1993.

H. 3739 -- Reps. Harwell and Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND ENDING JUNE 30, 1993.

Senator ELLIOTT asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

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

On motion of Senator ELLIOTT, with unanimous consent, the Resolution was referred to the local delegation.

S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.

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

Senator McGILL spoke on the amendment.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was carried over.

S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.

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

S. 695 -- Senators Hayes, Gregory, Peeler, Short, J. Verne Smith and Drummond: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.

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

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

On behalf of the Chairmen's Committee, Senator SALEEBY asked unanimous consent to make a motion that the Bill be made a Special Order.

The Bill was made a Special Order.

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

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. 5 (235R011.LER), proposed by Senator RICHTER and previously printed in the Journal of Wednesday, April 14, 1993.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator PEELER argued contra to the Bill and in favor of the adoption of the amendment.

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

Senator McCONNELL moved to lay the amendment on the table.

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

Courson Courtney Drummond
Glover Hayes Holland
Jackson Land Lander
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Rankin Russell
Ryberg Saleeby Setzler
Smith, G. Smith, J.V. Thomas
Williams Wilson

Bryan Cork Elliott
Ford Giese Gregory
Leventis Macaulay Peeler
Reese Richter Rose
Stilwell Waldrep

The amendment was laid on the table.

Senator RICHTER proposed the following Amendment No. 6 (235R012.LER), which was tabled:

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

/ SECTION 1. Chapter 11, Title 19 of the 1976 Code is amended by adding:

"Section 19-11-100. (A) Subject to the limitations contained herein, any person, company, or other entity, not a party, regularly engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, radio or television broadcast shall have the right to claim a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding before a judicial, administrative, or other body that has the power to issue a subpoena.

(B) There is no privilege under this section in any action in which the party seeking the evidence shows by a preponderance of evidence, including all reasonable inferences, that:

(1) a reasonable probability exists that a person, company, or entity is eligible to claim the privilege has confidential information or sources that are material and relevant to the action; and

(2) the party seeking disclosure has reasonably exhausted alternative means of discovering the confidential information or sources sought to be disclosed or the information sought could not with due diligence be obtained by alternative means; and

(3) the confidential information or source is crucial to the interest of the party seeking disclosure; or

(4) the need of the party seeking the confidential source or information or the public interest is of such importance that it clearly outweighs the public interest in protecting the person, company, or entity's confidential information or sources."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

Senator MACAULAY raised a Point of Order that the Senator could not read directly from material at the podium without the leave of the Senate.

Senator McCONNELL spoke on the Point of Order.

At 12:45 P.M., Senator O'DELL requested a leave of absence until Tuesday, April 20, 1993.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator WALDREP spoke on the amendment.

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

Senator COURTNEY argued contra to the adoption of the amendment.

At 12:45 P.M., Senator HAYES requested a leave of absence until Tuesday, April 20, 1993.

Senator McCONNELL moved to lay the amendment on the table.

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

Courson Courtney Drummond
Giese Glover Gregory
Jackson Land Lander
Martin McConnell McGill
Mescher Mitchell Moore
Passailaigue Rankin Russell
Ryberg Saleeby Smith, G.
Smith, J.V. Thomas Williams
Wilson

Bryan Cork Elliott
Leventis Macaulay Matthews
Patterson Peeler Reese
Richter Rose Stilwell
Waldrep

The amendment was laid on the table.

Senators McCONNELL and ROSE proposed the following Amendment No. 7 (235R015.GFM), which was adopted:

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 testimony or a production is sought provides the court a document showing that the promise of confidentiality was reduced to writing and signed by the person promising the confidentiality and signed and affirmed by the editor, director, or manager of the person making the promise of confidentiality and that such documentation was completed not later than seventy-two hours after the promise was made. The article or report disseminating the information must specifically state that the source of the information was granted confidentiality pursuant to law./

Amend title to conform.

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

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 9 (235R016.SHS):

Amend the bill, as and if amended, Section 1, page 2, line 15, by adding a new subsection (C) to read as follows:

/ (C) The restrictions on compelled testimony and production of documents or other items contained herein do not apply regarding information pertaining to the commission of a crime punishable by a term of imprisonment. /

Renumber sections to conform.

Amend title to conform.

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

At 1:25 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed two minutes.

At 1:27 P.M., the Senate resumed.

At 1:27 P.M., Senator THOMAS requested a leave of absence for the balance of the day.

Senator WILLIAMS was recognized.

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

MOTION ADOPTED
On motion of Senators COURSON, WILLIAMS, BRYAN, CORK, 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, GREG SMITH, J. VERNE SMITH, STILWELL, THOMAS, WALDREP, WASHINGTON and WILSON, the Senate stood adjourned out of respect to the memory of Miss Nancy Moore Thurmond, beloved daughter of Senator Strom Thurmond and his wife, Nancy.

Senator WILLIAMS moved that when the Senate adjourns on Friday, April 16, 1993, it stand adjourned to meet next Tuesday, April 20, 1993, at 12:00 Noon, which motion was adopted.

At 1:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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