Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, The psalmist, too, was overwhelmed by the changing seasons. Hear Psalm 19 (vv.1-4):
"The Heavens declare the glory of God;
the skies proclaim the work of His hands.
Day after day they pour forth speech;
night after night they display knowledge...
In the Heavens He has pitched a tent
for the sun..."
Let us pray.

God of the Heavens and of our earth, ours is such a pleasant corner of our planet at this time of the year.

The dogwoods are coming abloom! The daffodils have come out of the cold winter soil. The violets blossom beside the garden wall. The camellias and the azaleas have reminded us of the glory of Your love and mercy.

We join with the faithful of every age and sing: "HOSANNA TO THE LORD GOD."

Make us good stewards of Your good earth!

Amen.

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

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
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 Short
Smith, G. Smith, J.V. Stilwell
Washington Williams Wilson

The Senate resumed.

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

March 31, 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.

Appointment, Florence County Magistrate, with term to expire April 30, 1994:

Mr. James R. Harwell, 111 East Old Marion Highway, Florence, S.C. 29506 VICE Honorable William E. McLeod

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

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointments, Anderson County Magistrates, with terms to expire April 30, 1995:

Honorable John Ashley, Post Office Box 214, Honea Path, S.C. 29654

Honorable Robert G. Gilstrap, 108 Olivarri Drive, Anderson, S.C. 29621

Honorable John M. McCoy, 1903 Highway 86, Piedmont, S.C. 29673

Honorable John W. Rogers, Post Office Box 731, Pelzer, S.C. 29669

Honorable William P. Steele, 100 South Main Street, Anderson, S.C. 29624

Initial Appointments, Anderson County Magistrates, with terms to expire April 30, 1995:

Mr. James T. Busby, Jr., 1200 Good Hope Church Road, Starr, S.C. 29684 VICE Honorable Robert Wiles

Mr. David Crenshaw, 804 Cherry Street, Pendleton, S.C. 29670 VICE Honorable Steve Evans

Mr. Charles A. McDowell, 209 Lee Street, Anderson, S.C. 29624 (replacing no one)

Ms. Sherry E. Mattison, 2709 Edgewood Avenue, Anderson, S.C. 29625 VICE Honorable J. Ed Horton

Mr. John Suber, 330 Hamilton Street, Williamstown, S.C. 29697 VICE Honorable Butler Ragsdale

Mr. Thomas H. Williams, 201 Grant Road, Townville, S.C. 29689 VICE Honorable William McAdams

April 2, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointments, Chester County Magistrates, with terms to expire April 30, 1995:

The Honorable Benjamin T. Murdock, Post Office Box 175, Richburg, S.C. 29729 VICE Honorable Williams S. Wallace (resigned)

The Honorable Barbara U. Griffin, Post Office Box 723, Chester, S.C. 29706 VICE Honorable Calvin C. Gore (resigned)

Reappointment, Chester County Magistrate, with term to expire April 30, 1995:

The Honorable Joseph P. Snead, 125 Francis Avenue, Great Falls, S.C. 29055

March 18, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, Jobs Economic Development Authority, with term to expire July 27, 1996:

4th Congressional District:

Mr. Donald F. Bolt, 7 Southbourne Court, Greenville, S.C. 29607

Referred to the Committee on Labor, Commerce and Industry.

March 26, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, State Fire Marshall Board of Appeals, with term to expire September 6, 1997:

Specialty-Contractor:

Mr. John P. Edwards, 112 West Round Hill Road, Greenville, S.C. 29609

Referred to the General Committee.

Reappointment, Member, South Carolina Commission on Aging, with term to expire June 30, 1996:

2nd Congressional District:

Mr. Joseph C. Strickland, 917 Campanella Circle, Columbia, S.C. 29203

Referred to the Committee on Medical Affairs.

April 5, 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.

Initial Appointment, Member, State Development Board, with term to expire May 21, 1998:

4th Judicial Circuit:

Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, S.C. 29512 VICE Stacey Griffin

Referred to the Committee on Labor, Commerce and Industry.

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

Document No. 1639
Promulgated by Department of Insurance
The Insurance Holding Company System
Received by Lt. Governor April 19, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date March 26, 1994

Document No. 1640
Promulgated by Department of Insurance
Life and Health Reinsurance Agreements
Received by Lt. Governor April 19, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date March 26, 1994

Document No. 1641
Promulgated by Department of Insurance
Credit for Reinsurance
Received by Lt. Governor April 19, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date March 26, 1994

The following was received:

Document No. 1581
Promulgated by Land Resources Conservation Commission
Amendments to Dams and Reservoirs Safety Act
Received by Lt. Governor January 12, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1993
Withdrawn and resubmitted April 19, 1993

At 12:10 P.M., Senator J. VERNE SMITH asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:30 P.M.

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

On motion of Senator McCONNELL, at 12:15 P.M., Senator WALDREP was granted a leave of absence for today.

At 12:15 P.M., Senator SHORT requested a leave of absence for Wednesday, April 21, 1993.

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

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

The House returned the Bill with amendments.

On motion of Senator SALEEBY, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:30 P.M. and the following Acts and Joint Resolutions were ratified:

(R33) S. 374 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ONE-QUARTER MILE OFF-SHORE LINE AND TAKING AMERICAN EELS AND CATFISH IN CERTAIN WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1589, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R34) S. 3 -- Senator Williams: AN ACT TO AMEND SECTION 14-7-200, AS AMENDED, AND SECTION 14-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PETIT JURORS THE JURY COMMISSIONERS ARE REQUIRED TO DRAW AND SUMMON, SO AS TO PROVIDE THAT THE JURY COMMISSIONERS SHALL DRAW AND SUMMON AT LEAST SEVENTY-FIVE JURORS BUT THAT THE CHIEF ADMINISTRATIVE JUDGE OR THE PRESIDING JUDGE OF THAT CIRCUIT MAY INCREASE OR DECREASE THE NUMBER OF JURORS DRAWN AND SUMMONED; HOWEVER, AT LEAST SEVENTY-FIVE JURORS MUST BE DRAWN AND SUMMONED.

(R35) S. 552 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, RELATING TO MINIMUM ELIGIBILITY REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R36) S. 557 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1467, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R37) S. 60 -- Senators Washington, Stilwell and Rose: AN ACT TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.

(R38) S. 56 -- Senator Bryan: AN ACT TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.

(R39) S. 344 -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-115 SO AS TO PROVIDE THAT NO INDIVIDUAL OTHERWISE ELIGIBLE SHALL BE DENIED BENEFITS WITH RESPECT TO ANY WEEK IN WHICH HE IS REQUIRED BY LAW TO APPEAR IN COURT AS A WITNESS OR TO SERVE AS A JUROR, AND PROVIDE THAT BENEFITS MUST BE REDUCED BY ANY PER DIEM RECEIVED FOR SERVICE AS A JUROR.

(R40) S. 438 -- Judiciary Committee: AN ACT TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE, SO AS TO REQUIRE THAT EXCEPT FOR RETIRED JUDGES, A PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE BEFORE BEING APPOINTED OR ELECTED TO SERVE AS A FAMILY COURT JUDGE.

(R41) S. 425 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO CONTRACT BIDS, AWARDS PERTAINING TO FIRE SPRINKLER CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1562, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R42) S. 304 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: 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; AND TO PROVIDE FOR THE DISBURSEMENT OF FUNDS FOR BEACH RESTORATION PROJECTS.

(R43) S. 550 -- Senator Stilwell: AN ACT 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.

(R44) S. 427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO THE INTERN DEVELOPMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1588, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R45) S. 514 -- Senators Greg Smith and Williams: AN ACT TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT; AND TO AMEND SECTION 50-18-50, RELATING TO BROOD STOCK FOR AQUACULTURE OPERATIONS, SO AS TO PROVIDE THAT GAME FISH MUST BE TAKEN BY METHODS PRESCRIBED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AS WELL AS BY HOOK AND LINE.

(R46) S. 295 -- Senator Reese: AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS; AND TO PROHIBIT AN INCREASE IN FEES OR AD VALOREM TAXES IN EXCESS OF THE TEN MILLS CURRENTLY AUTHORIZED WITHOUT A FAVORABLE VOTE OF THE RESIDENT ELECTORS OF THE DISTRICT.

(R47) H. 3756 -- Rep. Stille: AN ACT 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.

(R48) 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.

(R49) H. 3748 -- Reps. Wilkins and Cato: AN ACT 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.

(R50) H. 3053 -- Rep. Keyserling: AN ACT TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE AND PROVIDE THAT THE EXEMPTION IS INELIGIBLE FOR BEACH RENOURISHMENT FUNDS.

(R51) 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.

(R52) H. 3510 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (LITTLE PEE DEE RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R53) H. 3412 -- Rep. McLeod: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, PROVIDE FOR THE COMPENSATION OF MEMBERS OF THE COMMISSION, THE ORGANIZATION OF THE COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

(R54) H. 3563 -- Rep. Rhoad: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO DELETE THE REQUIREMENT FOR THE HUNTING OF RACCOON IN GAME ZONE 11 TO BE AT NIGHT.

(R55) H. 3676 -- Rep. Sheheen: AN ACT TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES TO CERTAIN PERSONS, AND TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED, PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES AND TO PROVIDE EXCEPTIONS AND TO PROVIDE THAT ISSUANCE OF A LICENSE IS NOT EVIDENCE OF RESIDENCY FOR EDUCATIONAL PURPOSES.

(R56) H. 3217 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF CHILD IN NEED OF TREATMENT VOLUNTARILY ADMITTED, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-60, RELATING TO EMERGENCY ADMISSIONS OF CHILDREN, SO AS TO REQUIRE THE REASONS WHY VOLUNTARY ADMISSION IS NOT POSSIBLE AS BASIS FOR EMERGENCY ADMISSION AND TO REQUIRE PHYSICIANS PERFORMING EXAMINATIONS TO CONSIDER MEDICAL RECORDS THAT ARE AVAILABLE; TO AMEND SECTION 44-24-70, RELATING TO TAKING INTO CUSTODY A CHILD WHO MAY CAUSE SERIOUS HARM, SO AS TO REVISE THE REFERENCES TO CERTAIN CLASSIFICATIONS OF CHILD PATIENTS; TO AMEND SECTION 44-24-80, RELATING TO TRANSPORTING A CHILD TO THE HOSPITAL, SO AS TO REVISE CERTIFICATE REQUIREMENTS; TO AMEND SECTION 44-24-90, RELATING TO PROCEDURES FOR JUDICIAL ADMISSION, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 44-24-110, RELATING TO JUDICIAL ADMISSIONS, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 44-24-140, RELATING TO COMMITMENT OF CHILDREN FOR TREATMENT, SO AS TO BROADEN THE TYPE FACILITIES CHILDREN MAY BE COMMITTED TO; TO AMEND SECTION 44-24-150, RELATING TO COMMITMENT FOR EVALUATION PURPOSES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-170, RELATING TO RE-EXAMINATIONS, SO AS TO CHANGE AN INTERNAL REFERENCE; AND TO AMEND SECTION 44-24-240, RELATING TO AGENCIES PROVIDING SERVICES, SO AS TO MAKE A TECHNICAL CORRECTION.

(R57) H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF COMMUNITY MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS AND PROVIDE FOR THE NUMBER OF COUNTY MEMBERS TO BE PROPORTIONAL TO ITS POPULATION INSTEAD OF ITS SHARE OF THE BUDGET.

(R58) H. 3136 -- Reps. J. Brown, Rudnick, Snow, McMahand, Byrd, Anderson, Holt, Canty, Haskins and Jaskwhich: AN ACT TO AMEND SECTION 40-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO ADD AN ADDITIONAL MEMBER OF THE BOARD WHO MUST BE ENGAGED IN THE PRACTICE OF PODIATRY, AND TO REVISE AND FURTHER PROVIDE FOR THE QUALIFICATIONS OF MEMBERS OF THE BOARD AND FOR THE MANNER IN WHICH THE PODIATRIST MEMBERS OF THE BOARD ARE SELECTED.

(R59) H. 3381 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO WAIVER OF FEES AND SPECIAL VOLUNTEER LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1545, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R60) H. 3215 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING PERSONS TO MENTAL HEALTH OR MENTAL RETARDATION FACILITIES, SO AS TO DELETE PROVISIONS RELATING TO TRANSFERS FROM CORRECTIONAL INSTITUTIONS.

(R61) H. 3011 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN RIGHTS COMMITTEES FOR MENTAL RETARDATION CLIENTS, SO AS TO DELETE THE DUTY OF THE COMMITTEES TO ADVISE ON PLANS FOR BEHAVIOR SUPPORT WHICH MAY RESTRICT PERSONAL FREEDOMS OR CLIENTS' RIGHTS AND SECTION 44-26-140, RELATING TO SUITABLE CARE AND HABILITATION FOR CLIENTS, SO AS TO PROVIDE THAT REQUIREMENTS FOR THE DEPARTMENT OF MENTAL RETARDATION TO DEVELOP SERVICES NECESSARY TO MEET CLIENTS' NEEDS ARE BASED ON AVAILABLE RESOURCES.

(R62) H. 3671 -- Rep. Spearman: AN ACT TO ABOLISH THE SALUDA COUNTY MEDICAL BUILDING BOARD AND DEVOLVE ALL POWERS AND DUTIES OF THE BOARD UPON THE SALUDA COUNTY COUNCIL AND TO REPEAL ACT 810 OF 1946 AND ACT 1116 OF 1960 RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE BOARD.

(R63) H. 3018 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING TO FORM A BLUE RIBBON TASK FORCE TO STUDY THE PLANNING, COORDINATION, AND DELIVERY OF SERVICES TO ALZHEIMER'S VICTIMS AND THEIR FAMILIES, TO RECOMMEND AN ORGANIZATIONAL STRUCTURE TO HAVE PRIMARY RESPONSIBILITY FOR THESE FUNCTIONS, AND TO REPORT TO THE COMMITTEE.

(R64) H. 3115 -- Reps. T.C. Alexander, Snow, Riser and Witherspoon: AN ACT TO AMEND SECTION 47-13-1310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO EQUINE INFECTIOUS ANEMIA, SO AS TO REVISE THE DEFINITIONS OF "HORSE" AND "REACTOR"; TO AMEND SECTION 47-13-1315, AS AMENDED, RELATING TO PROGRAMS TO CONTROL EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE FOR TESTING IN ANY CHANGE OF OWNERSHIP; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO THE TESTING REQUIREMENT BEFORE A HORSE MAY ENTER THE STATE, SO AS TO CHANGE THE TIME REQUIREMENT FOR A NEGATIVE TEST; AND TO AMEND SECTION 47-13-1370, AS AMENDED, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA FOR A PUBLIC ASSEMBLY OF HORSES, SO AS TO CHANGE THE TIME REQUIREMENT BEFORE A HORSE MAY ENTER AN ASSEMBLY AND PROVIDE REQUIREMENTS FOR THE COGGINS TEST AND OTHER TESTS FOR EQUINE INFECTIOUS ANEMIA.

(R65) H. 3787 -- Rep. Walker: AN ACT TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY-FIVE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW.

(R66) 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: AN ACT 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, TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MONITOR IMMUNIZATION RECORDS OF CHILDREN IN DAY CARE, TO PROVIDE FOR A TEMPORARY AND A RELIGIOUS EXEMPTION, AND TO EXCLUDE FAMILY GROUP HOMES FROM THESE REQUIREMENTS.

(R67) H. 3356 -- Reps. Simrill, Kirsh and Meacham: AN ACT TO AMEND SECTION 5-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS, SO AS TO PROVIDE THAT FAILURE TO RECORD THE REQUEST AT THE NEXT MEETING OF THE GOVERNING BODY DOES NOT AFFECT THE APPLICABILITY OF THE TORT LIABILITY COVERAGE, AND TO EXTEND TORT LIABILITY COVERAGE TO THE OFFICERS SENT TO ANOTHER MUNICIPLITY WHICH THEY HAVE IN THE SENDING MUNICIPALITY.

(R68) H. 3219 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO ADD REFERENCES TO CHAPTERS OVER WHICH THE COMMISSION HAS AUTHORITY TO EXERCISE CERTAIN POWERS.

(R69) H. 3163 -- Reps. Cobb-Hunter, Waites, Harwell, Wofford, Rogers, Stille, Baxley, Byrd, Thomas, Mattos, McMahand, Littlejohn, Whipper, Canty, Hines, Gonzales, Simrill, Wright, Harvin, McTeer, J. Harris, Meacham and Shissias: A JOINT RESOLUTION TO RENAME THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.

(R70) H. 3014 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 44 SO AS TO PROVIDE FOR FAMILY SUPPORT SERVICES THROUGH THE DEPARTMENT OF MENTAL RETARDATION.

(R71) H. 3218 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A STATE HOSPITAL, SO AS TO INCREASE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS OF AGE AND TO DELETE VOLUNTARY ADMISSION FOR THOSE UNDER SIXTEEN YEARS OF AGE.

(R72) H. 3216 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.

(R73) 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.

(R74) 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.

(R75) H. 3015 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO DEFINE "ACCREDITED COLLEGE OR UNIVERSITY" AND CHANGE THE BOARD NAME TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

(R76) H. 3633 -- Rep. Jennings: AN ACT TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

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

Appointment, Florence County Magistrate, with term to expire April 30, 1994:

Mr. James R. Harwell, 111 East Old Marion Highway, Florence, S.C. 29506 VICE Honorable William E. McLeod

On motion of Senator SHORT, with unanimous consent, the following appointments were taken up and confirmed by the Senate and ordered published in the Journal, to wit:

Initial Appointments, Chester County Magistrates, with terms to expire April 30, 1995:

The Honorable Benjamin T. Murdock, Post Office Box 175, Richburg, S.C. 29729 VICE Honorable Williams S. Wallace (resigned)

The Honorable Barbara U. Griffin, Post Office Box 723, Chester, S.C. 29706 VICE Honorable Calvin C. Gore (resigned)

Reappointment, Chester County Magistrate, with term to expire April 30, 1995:

The Honorable Joseph P. Snead, 125 Francis Avenue, Great Falls, S.C. 29055

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

Having voted on the prevailing side, Senator SALEEBY asked unanimous consent to make a motion to reconsider the vote whereby the Senate nonconcurred in the House amendments.

There was no objection.

On motion of Senator SALEEBY, the Bill was carried over.

The following were introduced:

S. 708 -- Senator Saleeby: A SENATE RESOLUTION TO HONOR THE MEMORY OF MR. ROBERT R. COKER OF HARTSVILLE, SOUTH CAROLINA, FOR HIS YEARS OF OUTSTANDING SERVICE TO THE PEOPLE OF THIS STATE AND NATION AND HIS DEVOTION TO AGRICULTURE AND THE PURSUIT OF AGRICULTURAL EXCELLENCE IN SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 709 -- Senator Lander: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF WILLIAM DAVID LONGSHORE OF PACOLET, SOUTH CAROLINA AND TO EXTEND ITS SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

S. 710 -- Senator Wilson: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE REV. VOIGT KLECKLEY OF OAK GROVE IN LEXINGTON COUNTY.

The Senate Resolution was adopted.

S. 711 -- Senator Rose: A BILL TO AMEND SECTION 61-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESENTATION OF FALSE INFORMATION TO PURCHASE BEER OR WINE, SO AS TO PROHIBIT AN ATTEMPT TO PURCHASE WITH FALSE VERBAL OR WRITTEN INFORMATION AND AUTHORIZE THE SELLER TO RETAIN THE AGE IDENTIFICATION USED IN A VIOLATION; AND TO AMEND SECTION 61-9-70, RELATING TO PENALTIES PERTAINING TO THE PURCHASE, SO AS TO INCREASE THE FINE AND TERM OF IMPRISONMENT AND PROVIDE FOR SUSPENSION OF A DRIVER'S LICENSE.

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

S. 712 -- Senator Hayes: A BILL TO AMEND SECTION 43-45-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY ECONOMIC OPPORTUNITY ACT OF 1983, ADMINISTERING AGENCY, AND DUTIES AND FUNCTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO THE DUTY OF PRESCRIBING THE PERSONNEL PROCEDURES AND FINANCIAL SYSTEMS UNDER WHICH EACH COMMUNITY-BASED ORGANIZATION RECEIVING FUNDS UNDER CHAPTER 45 OF TITLE 43 MUST OPERATE AND RELATING TO THE DUTY OF REVIEWING AND APPROVING ALL BYLAWS FOR ORGANIZATIONS RECEIVING FUNDS UNDER THAT CHAPTER.

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

S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES. Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 714 -- Senator Williams: A JOINT RESOLUTION TO PROVIDE THAT MONUMENTS OR MEMORIALS ERECTED OR CONSTRUCTED HONORING PUBLIC SAFETY OR LAW ENFORCEMENT OFFICERS BETWEEN JANUARY 1, 1993, AND DECEMBER 31, 1993, SHALL BE EXEMPT FROM SALES TAXES IMPOSED PURSUANT TO CHAPTER 36 OF TITLE 12 OF THE 1976 CODE.

Senator WILLIAMS spoke on the Joint Resolution.

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

S. 715 -- Senators Holland, Moore, Courtney and Jackson: A BILL TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE A JOINT LEGISLATIVE SCREENING COMMITTEE TO RATE CANDIDATES AS NOT QUALIFIED, QUALIFIED, OR HIGHLY QUALIFIED; TO AMEND SECTION 58-3-23, SO AS TO FURTHER PROVIDE FOR THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL'S DETERMINATION OF THE QUALIFICATIONS OF CANDIDATES FOR THE PUBLIC SERVICE COMMISSION; AND TO AMEND SECTION 58-3-25 SO AS TO PROVIDE FOR THE PREPARATION OF A SCREENING APPLICATION FORM.

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

H. 4131 -- Reps. Rogers, J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION CONGRATULATING THE LADY SHAMROCKS OF EAU CLAIRE HIGH SCHOOL OF COLUMBIA ON WINNING THE 1993 CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP, AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 27, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.

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

H. 4132 -- Reps. Rogers, J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF COLUMBIA ON WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1993 AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 27, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.

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

H. 3124 -- Reps. Lanford, Littlejohn, Beatty, Wofford, Stone, Clyborne, Allison, McMahand, McLeod, Davenport, Hines, Byrd, G. Brown, Shissias and Walker: A BILL TO AMEND SECTION 4-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES UNDER THE PROVISIONS OF LAW REGULATING WRECKERS AT THE SCENE OF ACCIDENTS, SO AS TO PROVIDE FOR A MAXIMUM FINE IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS, RATHER THAN NOT EXCEEDING TWO HUNDRED DOLLARS.

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

H. 3442 -- Rep. Cromer: A BILL TO ALLOW SCHOOL ADMINISTRATORS AND OFFICIALS TO CONDUCT SEARCHES OF STUDENT AREAS ON SCHOOL PROPERTY WITHOUT PROBABLE CAUSE.

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

H. 3492 -- Reps. Neilson, G. Bailey, Farr, Stone, R. Smith, Hines, Wilkins, Shissias, J. Wilder, Jaskwhich, Simrill, Harrelson, Wells, Vaughn, Walker, Davenport, Littlejohn, Haskins, Hutson, Moody-Lawrence, Fair, Allison, and Marchbanks: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COURT ADMINISTRATION TO DEVELOP A GUIDELINES AND PROCEDURES MANUAL FOR COURT-APPOINTED GUARDIANS AD LITEM AND TO PROVIDE FOR ITS CONTENTS AND DISTRIBUTION.

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

H. 3515 -- Reps. Harvin and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-55 SO AS TO PROVIDE FOR LEGAL HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS; AND TO REPEAL SECTIONS 53-5-40 AND 53-5-50, RELATING TO HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS.

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

H. 3517 -- Reps. D. Smith, Tucker, Beatty, Baxley, Govan, Harrison, Haskins, Thomas, Graham, Trotter, Walker, Cato, Wells, Littlejohn, McElveen, Harrell, Delleney, R. Young, Lanford, Cromer, Davenport, Corning and Martin: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.

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

H. 3868 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO EMERGENCY PROCEDURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1522, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3879 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY HIGHWAY S33-329 FROM HIGHWAY 378 TO THE PROPOSED CONNECTOR ROAD IN MCCORMICK COUNTY AND TO TRANSFER IT TO MCCORMICK COUNTY.

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

Senator MACAULAY from the Committee on Medical Affairs polled out S. 622 favorable:

S. 622 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DRUGS THAT ONLY MAY BE SOLD ON PRESCRIPTION, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE MEDICATIONS; TO AMEND SECTION 40-47-25, AS AMENDED, RELATING TO PHYSICIANS' ASSISTANTS, SO AS TO DELETE PROVISIONS RELATING TO THE NUMBER OF ASSISTANTS A PHYSICIAN MAY SUPERVISE; AND TO AMEND SECTION 44-53-290, RELATING TO REGISTRATION FOR MANUFACTURING, DISTRIBUTING, OR DISPENSING CONTROLLED SUBSTANCES, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE REGISTRATIONS TO NURSE PRACTITIONERS AND PHYSICIANS' ASSISTANTS FOR PRESCRIBING SCHEDULE V CONTROLLED SUBSTANCES.

Macaulay J.Verne Smith Moore
Peeler Bryan Courson
Giese Russell Washington
Rose Hayes Cork
Ford Gregory Jackson
Martin Richter

Thomas

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 having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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.

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

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

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.

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.

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

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.

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

There was no objection.

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

The Finance Committee proposed the following amendment (WWW\30098DW.93), which was adopted:

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

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

"Section 4-9-55. (A) No county may be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and unless:

(1) funds have been appropriated that have been estimated by the State Budget Division at the time of enactment to be sufficient to fund the expenditures;

(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;

(3) the law requiring the expenditure is approved by two-thirds of the membership in each house of the General Assembly;

(4) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments;

(5) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement, which federal requirement specifically contemplates actions by counties for compliance.

(B) Except upon approval of each house of the General Assembly by two-thirds of the membership, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.

(C) The provisions of this section do not apply to:

(1) laws enacted to require funding of pension benefits existing on the effective date of this section;

(2) laws relating to the Judicial Department;

(3) criminal laws;

(4) election laws;

(5) the general appropriations act;

(6) the Department of Education;

(7) special appropriations acts;

(8) laws reauthorizing but not expanding then-existing statutory authority;

(9) laws having insignificant fiscal impact, laws creating, modifying, or repealing noncriminal infractions."

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

Amend title to conform.

Senators BRYAN, McGILL and J. VERNE SMITH proposed the following amendment (WWW\30112DW.93), which was adopted:

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

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

"Section 4-9-55. (A) No county may be bound by any general law requiring it to spend funds or to take an action requiring the expenditure of funds unless the General Assembly has determined that the law fulfills a state interest and the law requiring the expenditure is approved by two-thirds of the members voting in each house of the General Assembly provided a simple majority of the members voting in each house is required if one of the following applies:

(1) funds have been appropriated that have been estimated by the State Budget Division at the time of enactment to be sufficient to fund the expenditures;

(2) the General Assembly authorizes or has authorized a county to enact a funding source not available for the county on July 1, 1993, that can be used to generate the amount of funds estimated to be sufficient to fund the expenditure by a simple majority vote of the governing body of the county;

(3) the expenditure is required to comply with a law that applies to all persons similarly situated, including the state and local governments;

(4) the law is either required to comply with a federal requirement or required for eligibility for a federal entitlement, which federal requirement specifically contemplates actions by counties for compliance.

(B) Except upon approval of each house of the General Assembly by two-thirds of the membership, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, as the authority exists on July 1, 1993.

(C) The provisions of this section do not apply to:

(1) laws enacted to require funding of pension benefits existing on the effective date of this section;

(2) laws relating to the Judicial Department;

(3) criminal laws;

(4) election laws;

(5) the general appropriations act;

(6) the Department of Education;

(7) special appropriations acts;

(8) laws reauthorizing but not expanding then-existing statutory authority;

(9) laws having insignificant fiscal impact, laws creating, modifying, or repealing noncriminal infractions."

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

Amend title to conform.

Senator BRYAN explained the amendment.

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

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.

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\5834HC.93), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. (A) Chapter 29, Title 4 of the 1976 Code is amended by adding:

"Section 4-29-69. (A) For purposes of this section:

(1) `Qualified property' means all real and tangible personal property owned, leased, licensed, or acquired by a qualified manufacturer during the consolidation period regardless of (a) when the property is placed into service in this State, and (b) whether the property has been previously subject to property taxes in this State.

(2) `Qualified manufacturer' means a manufacturing facility in this State which:

(a) employed at least seven hundred persons at the beginning of the consolidation period; and

(b) is located in a county which is designated at the beginning of the consolidation period as a less-developed county by the South Carolina Tax Commission pursuant to Section 12-7-1220.

(3) `Qualified consolidation' means:

(a) a restructuring or transfer or series of transfers involving assets of a manufacturing facility in this State and a manufacturing facility which is located in a state other than this State, pursuant to which all or a portion of the assets of the manufacturing facility located in the other state are transferred to a manufacturing facility in this State;

(b) during the consolidation period, (i) the corporations which own or lease the manufacturing facility in the other state and the facility in this State are members of the same controlled group as defined under Internal Revenue Code Section 1563, or (ii) the same corporation owns or leases the facility in this State and the facility in the other state;

(c) at least one hundred new jobs are created at the facility in this State during the consolidation period; and

(d) during the consolidation period, at least ten million dollars of original cost, without regard to depreciation at the time of the transfer to the facility, of manufacturing and related property are added to the facility in this State, either from the manufacturing facility in the other state, or purchased or leased from a third party.

(4) `Payment in lieu of taxes' means one or more payments made to the county at the times and in the amounts as the county, and entity or entities which will initially make the payment in lieu of taxes, may agree, pursuant to a transfer of title to the property which is subject to such payments to the county, and a lease of the property by the county to the entity or entities which will initially make such payments.

(5) `Consolidation period' means the eighteen-month period beginning on the first date that assets are transferred to the facility in this State from the manufacturing facility in the other state. The South Carolina Economic Development Board shall certify in writing to the South Carolina Tax Commission the specific date that the consolidation period begins.

(B) In the case of a financing agreement in the form of a lease or a lease purchase, the county and the investor may enter into an inducement agreement which provides for a payment in lieu of property taxes under this section for qualified property owned by, or leased or licensed to, one or more qualified manufacturers which complete a qualified consolidation between June 1, 1992, and December 31, 1993.

(C) Any interest in the assets which are subject to the payment in lieu of taxes, or the lease relating to the assets, may be freely transferred without restriction, except as the county, and the entity or entities which will make such payment, may otherwise agree. This agreement, and any inducement agreement, may be freely amended or replaced at any time.

(D) Distribution of the payment in lieu of taxes on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable.

(E) The provisions of this section do not apply to any construction of Section 4-29-67, and to the extent that Sections 4-29-60, 4-29-67, or any other provision of Title 4 are inconsistent with this section, this section controls."

(B) This section takes effect upon approval by the Governor.

SECTION 3. Nothing in this act may be construed as amending or repealing any provision of Section 39, Act 361 of 1992.

SECTION 4. If any provision of this act or its application to any circumstance is held by a court of competent jurisdiction to be invalid for any reason, this holding does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.

SECTION 5. This act takes effect upon approval by the Governor and applies prospectively; provided, however, that projects with respect to which an inducement agreement, millage rate agreement, or both, has been entered into before the effective date of this act are entitled to use the provisions of Section 4-29-67 of the 1976 Code, as amended by this act, and also one or more of the provisions of the following subsections of Section 4-29-67 of the 1976 Code as in existence before the amendments contained in this act: (B); (F)(1)(c); (F)(2); (G); and (I). The last sentence of Section 4-29-67(I) of the 1976 Code, as amended by this act, is not applicable to any project with respect to which an inducement agreement was entered into or an inducement or similar resolution was adopted by the governing body of the county before the effective date of this act; provided, however, that if an inducement agreement has not been entered into before the effective date of this act, such an agreement must be entered into with respect to any such project within one year of the effective date of this act in order for pre-inducement agreement project expenditures to qualify for the fee provided in subsection (D)(2). Any lease which was entered into with a county prior to the effective date of this act, in order to preserve the eligibility of certain property for subsequent inclusion in a fee-in-lieu of taxes arrangement, and which lease provides for lease payments within two dollars of what the property taxes on the leased property would otherwise have been, shall not be considered a lease agreement of any kind for purposes of beginning the running of any time period provided under Section 4-29-67 of the 1976 Code, including but not limited to, the five-, seven-, and twenty-year periods provided therein. For purposes of this SECTION 5, references to inducement or millage rate agreements shall be considered to exclude any amendments or replacements of such agreements./

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.

H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE AND TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS AND SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC AND THE THERAPEUTIC USE OF THESE AGENTS AND TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS AND TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE AND TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.

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

There was no objection.

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

The Medical Affairs Committee proposed the following amendment (436\11238AC.93), which was withdrawn:

Amend the bill, as and if amended, by deleting Section 40-37-103(B)(3), page 2, lines 35-37 and inserting:

/(3) taken at least one hundred ten hours of board approved optometric education courses since December 31, 1988, and after graduation from optometry school, of which at least forty hours must have been clinical instruction specifically related to the diagnosis and treatment of glaucoma and must have been taken under the supervision of an ophthalmologist who must submit a written certification to the Board of Examiners in Optometry that the optometrist has completed the forty hours of clinical instruction required by this item./

Amend further, by deleting Section 40-37-105(B) and (C) beginning on page 5, line 21 through page 6, line 8 and inserting:

/B. (B) No licensed Notwithstanding any other provision of law, a therapeutically certified optometrist may purchase, possess, or, administer, supply, and prescribe any pharmaceutical agent agents unless the optometrist has obtained a certificate from the South Carolina Board of Examiners in Optometry certifying that (1) the optometrist has complied with the educational requirements promulgated by the board and (2) the optometrist has passed a pharmaceutical agent examination which must be administered by the board ,other than Schedule I and II controlled substances as defined in Section 44-53-110, for diagnostic and therapeutic purposes in the practice of optometry, except that:

(1) when prescribing oral medications a therapeutically certified optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics and may only prescribe these pharmaceutical agents for the treatment of ocular and ocular adnexal eye disease;

(2) when prescribing oral pharmaceutical agents, documentation must be made in the patient's chart;

(3) when prescribing analgesics, the prescription must be limited to a seven-day supply;

(4) when prescribing topical steroids, if after ten days of treatment it is necessary to continue this medication, the optometrist shall communicate and collaborate with an ophthalmologist, and if after twenty-one days of treatment it is necessary to continue this medication, the optometrist must refer the patient to an ophthalmologist;

(5) when treating glaucoma using topically applied beta blocking pharmaceutical agents, a therapeutically certified optometrist must consult personally with or refer to a family practitioner, general practitioner, internist, or other appropriate physician;

(6) no medications may be given by injection or intravenously."

Amend further, by deleting Section 40-37-107(B) on page 6, lines 38 through 43 and inserting:

/(B) Notwithstanding subsection (A) in treating and managing glaucoma, a therapeutically certified optometrist must strive to achieve a stable range of interocular pressures considered unlikely to cause further optic nerve damage in that patient. Once this range of pressures is selected based on conditions presented by the patient, the therapeutically certified optometrist must enter this range in the patient's chart. If no progress is achieved in realizing the selected range of pressures within sixty days of initiating treatment, the optometrist shall refer the patient to an ophthalmologist. However, when treating acute angle closure glaucoma, a therapeutically certified optometrist shall immediately initiate treatment and make an appropriate referral to an ophthalmologist./

Amend further, by deleting Section 40-37-107(C) and inserting:

/(C) An optometrist is prohibited from performing surgery. For purposes of this subsection surgery is defined as an invasive procedure using instruments, including, but not limited to, a laser instrument procedure which requires closure by suturing, clamping, or other similar devices or a procedure in which the presence or assistance of a nurse anesthetist or an anesthesiologist is required. However, nothing in subsection (A), this subsection, or any other provision of law may be construed to prohibit an optometrist from removing superficial ocular and ocular adnexal foreign bodies; removal of other foreign bodies must be referred to an ophthalmologist./

Amend further, by adding an appropriately numbered section to read:

/SECTION . The 1976 Code is amended by adding:

"Section 40-37-109. For purposes of this chapter `supply' is limited to pharmaceutical agents given to a patient by a therapeutically-certified optometrist for the purpose of initiating treatment until the patient's prescription can be filled by a registered pharmacist."/

Amend totals and title to conform.

The Medical Affairs Committee proposed the following amendment (C\L\A\17168), which was adopted:

Amend the bill, as and if amended, by deleting Section 40-37-103(B)(3), page 2, lines 35-37 and inserting:

/(3) taken at least one hundred ten hours of board approved optometric education courses since December 31, 1988, and after graduation from optometry school, of which at least forty hours must have been clinical instruction specifically related to the diagnosis and treatment of glaucoma and must have been taken under the supervision of an ophthalmologist who must submit a written certification to the Board of Examiners in Optometry that the optometrist has completed the forty hours of clinical instruction required by this item./

Amend further, by deleting Section 40-37-105(B) and (C) beginning on page 5, line 21 through page 6, line 8 and inserting:

/B. (B) No licensed Notwithstanding any other provision of law, a therapeutically certified optometrist may purchase, possess, or, administer, supply, and prescribe any pharmaceutical agent agents unless the optometrist has obtained a certificate from the South Carolina Board of Examiners in Optometry certifying that (1) the optometrist has complied with the educational requirements promulgated by the board and (2) the optometrist has passed a pharmaceutical agent examination which must be administered by the board , other than Schedule I and II controlled substances as defined in Section 44-53-110, for diagnostic and therapeutic purposes in the practice of optometry, except that:

(1) when prescribing oral medications a therapeutically certified optometrist is limited to these oral pharmaceutical agents: antihistamines, antimicrobial, antiglaucoma, over-the-counter drugs, and analgesics and may only prescribe these pharmaceutical agents for the treatment of ocular and ocular adnexal eye disease;

(2) when prescribing oral pharmaceutical agents, documentation must be made in the patient's chart;

(3) when prescribing analgesics, the prescription must be limited to a seven-day supply;

(4) when prescribing topical steroids, if after ten days of treatment it is necessary to continue this medication, the optometrist shall communicate and collaborate with an ophthalmologist, and if after twenty-one days of treatment it is necessary to continue this medication, the optometrist must refer the patient to an ophthalmologist;

(5) when treating glaucoma using beta blocking pharmaceutical agents, a therapeutically certified optometrist must consult personally with or refer to a family practitioner, general practitioner, internist, or other appropriate physician;

(6) no medications may be given by injection or intravenously."

Amend further, by deleting Section 40-37-107(B) on page 6, lines 38 through 43 and inserting:

/(B) Notwithstanding subsection (A) in treating and managing glaucoma, a therapeutically certified optometrist must strive to achieve a stable range of intraocular pressures considered unlikely to cause further optic nerve damage in that patient. Once this range of pressures is selected based on conditions presented by the patient, the therapeutically certified optometrist must enter this range in the patient's chart. If no progress is achieved in realizing the selected range of pressures within sixty days of initiating treatment, the optometrist shall refer the patient to an ophthalmologist. However, when treating acute angle closure glaucoma, a therapeutically certified optometrist shall immediately initiate treatment and make an appropriate referral to an ophthalmologist./

Amend further, by deleting Section 40-37-107(C) and inserting:

/(C) An optometrist is prohibited from performing surgery. For purposes of this subsection surgery includes, but is not limited to, an invasive procedure using instruments which requires closure by suturing, clamping, or other similar devices or a procedure in which the presence or assistance of a nurse anesthetist or an anesthesiologist is required. Laser surgery is prohibited. However, nothing in subsection (A), this subsection, or any other provision of law may be construed to prohibit an optometrist from removing superficial ocular and ocular adnexal foreign bodies; removal of other foreign bodies must be referred to an ophthalmologist./

Amend further, by adding an appropriately numbered section to read:

/SECTION . The 1976 Code is amended by adding:

"Section 40-37-109. For purposes of this chapter `supply' is limited to pharmaceutical agents given to a patient by a therapeutically certified optometrist for the purpose of initiating treatment until the patient's prescription can be filled by a registered pharmacist."/

Amend totals and title to conform.

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

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.

On motion of Senator REESE, H. 3873 was ordered to receive a third reading on Wednesday, April 21, 1993.

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.

Senator BRYAN explained the Bill.

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.

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.

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

The Education Committee proposed the following amendment (EDU352.001), which was adopted:

Amend the bill, as and if amended, on page 2, by striking lines 2 through 6 and inserting the following:

/ (d) Any child who, at the time this article becomes law, is ten years of age or older and has been out of school for three years or more, provided there are no special classes in the school district for the child to attend; (Reserved) /

Amend title to conform.

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

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. 9 (235R016.SHS), proposed by Senator STILWELL, and previously printed in the Journal of Wednesday, April 16, 1993.

At 12:45 P.M., Senator WILLIAMS moved under Rule 15A to set a time certain of 1:15 P.M. on Tuesday, April 20, 1993, to vote on the entire matter of S. 235.

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

Courson Courtney Ford
Glover Hayes Holland
Jackson Land Lander
Leatherman Martin McConnell
McGill Mitchell O'Dell
Passailaigue Patterson Rankin
Rose Ryberg Saleeby
Short Smith, G. Smith, J.V.
Washington Williams

Bryan Cork Drummond
Giese Leventis Macaulay
Mescher Peeler Reese
Richter Stilwell Wilson

Having failed to receive the necessary vote, the motion under Rule 15A failed.

Senator STILWELL argued in favor of the adoption of Amendment No. 9 and Senator McCONNELL argued contra.

At 1:05 P.M., Senator WILLIAMS moved under Rule 15A to set a time certain of 2:15 P.M. on Tuesday, April 20, 1993, to vote on the entire matter of S. 235.

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

Courtney Drummond Elliott
Ford Glover Holland
Jackson Land Lander
Leatherman Martin Matthews
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Rankin
Rose Russell Ryberg
Saleeby Short Smith, G.
Smith, J.V. Washington Williams

Cork Giese Leventis
Macaulay Peeler Reese
Richter Stilwell Wilson

The Senate set 2:15 P.M. on Tuesday, April 20, 1993, as a time certain to vote on the entire matter of S. 235.

Senator McCONNELL argued contra to the adoption of Amendment No. 9.

Senator McCONNELL moved to lay the amendment on the table.

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

Courtney Ford Glover
Hayes Holland Jackson
Land Lander Martin
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Rankin Rose
Ryberg Saleeby Short
Smith, G. Wilson

Bryan Cork Drummond
Elliott Giese Macaulay
Matthews Patterson Peeler
Reese Richter Russell
Smith, J.V. Stilwell Washington

The amendment was laid on the table.

Senator RICHTER proposed the following Amendment No. 10 (235R010.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 regularly engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, or 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 eligible to claim the priviledge 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 action 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'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 McCONNELL moved to lay the amendment on the table.

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

Courtney Drummond Glover
Hayes Jackson Land
Lander Martin McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Rankin Rose Ryberg
Saleeby Short Smith, G.
Wilson

Bryan Cork Elliott
Giese Macaulay Patterson
Peeler Reese Richter
Russell Smith, J.V. Stilwell

The amendment was laid on the table.

Senators ROSE and McCONNELL proposed the following Amendment No. 11 (235R014.MTR), 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 article or report disseminating the information states that the source of the information was granted confidentiality pursuant to law, and unless the person, company, or entity from whom or which a testimony or production is sought provides the court, in camera, a memorandum showing that the promise of confidentiality was made and which, within seventy-two hours after the promise was made, was signed by the editor, director, or manager of the media entity employing the person promising the confidentiality showing that the editor, director, or manager of the media entity employing the person promising the confidentiality approved the granting of the confidentiality prior to publication of the article or report disseminating the information about which the issue of confidentiality has arisen. /

Amend title to conform.

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

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 12 (235R017.SHS), which was withdrawn:

Amend the bill, as and if amended, beginning on page 1, by striking all after the enacting words and inserting the following:

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

"Section 19-11-100. (A) A person, company, or entity engaged in or that has been engaged in gathering and disseminating news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium may not be compelled to disclose information or produce any document or item obtained or prepared in gathering or disseminating news in any judicial or administrative proceeding where the person, company, or entity is not a party unless the court from which enforcement of the subpoena is sought finds that the information, document, or other item sought:

(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 article or report disseminating the information states that the source of the information was granted confidentiality pursuant to law, and unless the person, company, or entity from whom or which a testimony or production is sought provides the court, in camera, a memorandum showing that the promise of confidentiality was made and which, within seventy-two hours after the promise was made, was signed by the editor, director, or manager of the media entity employing the person promising the confidentiality showing that the editor, director, or manager of the media entity employing the person promising the confidentiality approved the granting of the confidentiality prior to publication of the article or report disseminating the information about which the issue of confidentiality has arisen;

(2) is material and highly relevant to the controversy for which the testimony or production is sought; and

(3) reasonably cannot be obtained by alternative means or from an alternative source; and

(4) is vital to the preparation or presentation of the case of the party seeking the information, document, or item.

(B) Publication of any information, document, or item obtained or prepared in gathering and disseminating news does not waive the protection against compelled disclosure provided for in this section.

(C) The restriction on compelled testimony and production contained in section (A)(1) above does not apply in those cases where the testimony or production is sought in a criminal case where the punishment for the crime includes imprisonment."

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

Amend title to conform.

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

Senator McCONNELL moved to lay the amendment on the table.

On motion of Senator STILWELL, with unanimous consent, the amendment was withdrawn.

Senator MACAULAY proposed the following Amendment No. 13 (235R018.ASM), which was tabled:

Amend the bill, as and if amended, page 2, line 25, by striking the word / and / and inserting the word / or /.

Renumber sections to conform.

Amend title to conform.

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

By previous action of the Senate, the time certain of 2:15 P.M. had arrived to vote on the entire matter of S. 235.

Senator MACAULAY continued arguing in favor of the adoption of Amendment No. 13 and Senator McCONNELL argued contra.

Senator McCONNELL moved to lay the amendment on the table.

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

Courson Courtney Drummond
Hayes Holland Jackson
Land Lander Martin
Matthews McConnell McGill
Mescher Mitchell Moore
Passailaigue Patterson Rankin
Russell Ryberg Saleeby
Short Smith, G. Washington
Williams Wilson

Bryan Cork Elliott
Giese Leventis Macaulay
O'Dell Peeler Reese
Richter Rose Smith, J.V.
Stilwell

The amendment was laid on the table.

Senators McCONNELL and ROSE proposed Amendment No. 3 (235R004.GFM), which was previously carried over and printed in the Journal of Wednesday, April 14, 1993.

Senator ROSE explained the amendment.

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 4 (235R007.SHS):

Amend the bill, as and if amended, beginning on page 1, by striking all after the enacting words and inserting the following:

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

"Section 19-11-100. (A) A person, company, or entity engaged in or that has been engaged in gathering and disseminating news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium may not be compelled to disclose information or produce any document or item obtained or prepared in gathering or disseminating news in any judicial or administrative proceeding where the person, company, or entity is not a party unless the court from which enforcement of the subpoena is sought finds that the information, document, or other item sought:

(1) was not obtained upon a promise of confidentiality, in those cases where the promise of confidentiality was noted in a memorandum prepared within seventy-two hours after the promise was made, and the memorandum was given to the editor, director, or manager of the person making the promise of confidentiality within the same time period; and

(2) is material and highly relevant to the controversy for which the testimony or production is sought; and

(3) reasonably cannot be obtained by alternative means or from an alternative source; and

(4) is vital to the preparation or presentation of the case of the party seeking the information, document, or item.

(B) Publication of any information, document, or item obtained or prepared in gathering and disseminating news does not waive the protection against compelled disclosure provided for in this section.

(C) The restriction on compelled testimony and production contained in section (A)(1) above does not apply in those cases where the testimony or production is sought in a criminal case where the punishment for the crime includes imprisonment."

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

Renumber sections to conform.

Amend title to conform.

On motion of Senator ROSE, with unanimous consent, the following Amendment No. 4A (235R019.MTR) proposed by Senator ROSE was substituted for Amendment No. 4:

Amend the bill, as and if amended, beginning on page 1, 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. Any person, company, or other entity engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, or radio or television broadcast shall have a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding where the one asserting the privilege is not a party, provided that the information, document, or other item sought:

(A) 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 article or report disseminating the information states that the source of the information was granted confidentiality pursuant to law, and unless the person, company, or entity from whom or which a testimony or production is sought provides the court, in camera, a memorandum showing that the promise of confidentiality was made and which, within seventy-two hours after the promise was made, was signed by the editor, director, or manager of the media entity employing the person promising the confidentiality showing that the editor, director, or manager of the media entity employing the person promising the confidentiality approved the granting of the confidentiality prior to publication of the article or report disseminating the information about which the issue of confidentiality has arisen; and

(B) the information or production sought is not in a criminal case involving commission of a capital crime, unless it is shown that this privilege has been waived or that what is sought:

(1) is material and relevant;

(2) cannot be reasonably obtained by alternative means;

(3) is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item."

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

Amend title to conform.

On motion of Senator ROSE, with unanimous consent, Amendment No. 4A was withdrawn.

There being no further amendments, the question then was the third reading of the Bill.

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

Bryan Cork Courson
Courtney Drummond Ford
Giese Glover Hayes
Holland Jackson Land
Lander Martin Matthews
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Rankin
Rose Russell Ryberg
Saleeby Short Smith, G.
Washington Williams Wilson

Elliott Leventis Macaulay
Peeler Reese Richter
Smith, J.V. Stilwell

The Bill was read the third time, passed and ordered sent to the House of Representatives.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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

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

On motion of Senator BRYAN, debate was adjourned on the Bill.

S. 293 -- Senators Mitchell and Mescher: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY TRAILER, SEMITRAILER, POLE TRAILER, OR UTILITY TRAILER MUST BE PAINTED WITH A LIGHT REFLECTING PAINT OR AFFIXED WITH A LIGHT REFLECTING TAPE IN A STRIP TO ENCOMPASS THE ENTIRE PERIMETER OF THE VEHICLE.

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

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

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

Senator SALEEBY spoke on the Bill.

On motion of Senator LAND, with unanimous consent, debate was interrupted by adjournment with Senator SALEEBY retaining the floor.

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable George Mickelson, Governor of South Dakota, who was killed in an airplane accident.

At 2:50 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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