Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, let us sing with the psalmist in Psalm 46 (vv. 1, 2, 5):

"Praise the Lord,

Praise the Lord, O my soul.

I will praise the Lord all my life.

I will sing praise to my God

as long as I live...

Blessed is he whose help is

the God of Jacob..."
Let us pray.

O God of Jacob, sometimes, in this desert wilderness of humankind, we often feel the need of the reassurance of Your presence, Your concern, and the exercise of Your power in our lives!

Some are asking us, "Where is God in all of this mess?"

Lord God, we say reverently, we would like to have a divine touch upon our shoulder... or hear an angel's word that is whispered in our ear... "This is the sure way... walk you in it."

Lord, we know that it probably is Your Will that we stand and struggle by faith whether we feel anything... or not.

So, for today, grant us Your grace to cherish the spirit which changes toil into patience, temptation into discipline, sorrow into joy, and weakness into strength... through the indwelling Christ our Lord.

Amen.

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

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

The Senate resumed.

On motion of Senator COURTNEY, with unanimous consent, Senators MOORE, RUSSELL, SALEEBY and McCONNELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and were granted leave to vote from the balcony.

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

Columbia, S.C., April 29, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4121 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 18, 1993, AND SATURDAY, JUNE 19, 1993.
Very respectfully,
Speaker of the House

Received as information.

S. 688 -- Senator O'Dell: A BILL TO PROVIDE THAT CREDIT LIFE, PROPERTY, ACCIDENT AND HEALTH INSURANCE PREMIUMS CHARGED BY SUPERVISED LENDERS UNDER THE CONSUMER PROTECTION CODE OR BY RESTRICTED LENDERS UNDER THE CONSUMER FINANCE LAW ARE SUBJECT TO A MINIMUM CHARGE AND A MINIMUM RETENTION OF THREE DOLLARS.

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

There was no objection.

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

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

On motion of Senator LEATHERMAN, with unanimous consent, S. 688 was ordered to receive a third reading on Friday, April 30, 1993.

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.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

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

At 11:26 A.M., Senator LEATHERMAN assumed the Chair.

At 11:28 A.M., the PRESIDENT assumed the Chair.

The following were introduced:

S. 749 -- Senators Leatherman, Peeler, McGill, Giese and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA COMPREHENSIVE HEALTH CARE REFORM ACT OF 1993" BY ADDING ARTICLES 4, 6, AND 8 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR HEALTH CARE COOPERATIVE AGREEMENTS, TO REGULATE SELF-REFERRAL OF PATIENTS BY HEALTH CARE PROFESSIONALS, AND TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP CLINICAL PRACTICE GUIDELINES; BY ADDING ARTICLES 7, 9, AND 11 TO CHAPTER 11, TITLE 1 SO AS TO PROVIDE FOR HEALTH CARE COST CONTAINMENT, TO PROVIDE FOR A TRANSITION TO UNIVERSAL HEALTH INSURANCE COVERAGE, AND TO PROVIDE FOR EDUCATION AND TRAINING OF HEALTH CARE PROFESSIONALS; BY ADDING ARTICLE 3 TO CHAPTER 70, TITLE 38 SO AS TO PROVIDE FOR MEDICAL REVIEW CRITERIA; BY ADDING ARTICLE 13 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE STANDARDS AND REQUIREMENTS FOR INDIVIDUAL AND GROUP HEALTH BENEFIT PLANS; BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO PROVIDE IN MEDICAL MALPRACTICE ACTIONS FOR COURT-ORDERED ARBITRATION, BINDING ARBITRATION AGREEMENTS, PERIODIC PAYMENTS OF JUDGMENTS, AND PROCEDURES AND EVIDENCE IN THESE ACTIONS; BY AMENDING SECTION 15-48-10, RELATING TO VALIDITY OF ARBITRATION AGREEMENTS, SO AS TO PROVIDE THAT THE UNIFORM ARBITRATION ACT APPLIES TO CERTAIN MEDICAL MALPRACTICE ACTIONS; BY AMENDING SECTION 38-70-15, RELATING TO THE APPLICABILITY OF UTILIZATION REVIEWS OF HEALTH CARE RESOURCES AND SERVICES, SO AS TO MAKE IT APPLICABLE TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS; BY DESIGNATING SECTION 38-70-10 THROUGH 38-70-60 AS ARTICLE 1 OF CHAPTER 70, TITLE 38 AND NAMING IT "PRIVATE REVIEW AGENTS"; AND BY REPEALING SECTIONS 38-71-120, 38-71-140, 38-71-210, 38-71-325, 38-71-350, 38-71-360, 38-71-760, 38-71-770, 38-71-780, AND SECTIONS 38-71-910 THROUGH 38-71-1110 RELATING TO ACCIDENT AND HEALTH INSURANCE.

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

H. 4157 -- Rep. Govan: A CONCURRENT RESOLUTION TO COMMEND DR. ROBERT E. HOWARD OF ORANGEBURG UPON HIS FIFTY YEARS OF SERVICE TO ORANGEBURG SCHOOL DISTRICT FIVE AND TO EXTEND BEST WISHES UPON HIS RETIREMENT.

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

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

S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

Ordered for consideration tomorrow.

Senator STILWELL from the Committee on Judiciary submitted a majority favorable with amendment and Senator MITCHELL a minority unfavorable report on:

S. 519 -- Senators Richter and Rose: A BILL TO AMEND SECTION 16-3-26, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHENEVER ANY PERSON IS CHARGED WITH MURDER AND THE DEATH PENALTY IS SOUGHT, THE COURT, UPON DETERMINING THAT SUCH PERSON IS UNABLE FINANCIALLY TO RETAIN ADEQUATE LEGAL COUNSEL, SHALL APPOINT THE PUBLIC DEFENDER TO REPRESENT SUCH PERSON; AND TO DELETE PROVISIONS RELATING TO THE APPOINTMENT OF OTHER INDEPENDENT TRIAL COUNSELS TO DEFEND SUCH PERSON.

Ordered for consideration tomorrow.

Senator THOMAS from the General Committee submitted a favorable with amendment report on:

S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.

Senator MOORE spoke on the Bill.

On motion of Senator MOORE, with unanimous consent, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

S. 596 -- Senator Ryberg: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING SECTION 20-3-15, SO AS TO PROVIDE THAT WHEN THE PLAINTIFF IN A DIVORCE ACTION IS COERCED THROUGH PHYSICAL FORCE OR THREAT OF IMMINENT PHYSICAL VIOLENCE INTO RESUMPTION OF CONJUGAL RELATIONS, SUCH RESUMPTION OF RELATIONS SHALL NOT CONSTITUTE CONDONATION.

Ordered for consideration tomorrow.

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

H. 3375 -- Reps. Huff, Wilkes and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-7-65 SO AS TO PROVIDE THAT THE CHIEF COMMISSIONER OF THE STATE ATHLETIC COMMISSION MAY DISCIPLINE ANY LICENSEE OF THE COMMISSION FOR VIOLATIONS OF APPLICABLE LAW OR REGULATIONS BY LICENSE SUSPENSION OR A CIVIL PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS, TO PROVIDE THAT EACH DAY A VIOLATION CONTINUES IS A SEPARATE VIOLATION, AND TO PROVIDE THAT DISCIPLINARY DECISIONS OF THE CHIEF COMMISSIONER ARE APPEALABLE TO THE FULL COMMISSION; AND TO AMEND SECTION 52-7-60, RELATING TO THE DISCIPLINARY AUTHORITY OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE DISCIPLINARY AUTHORITY OF THE COMMISSION EXTENDS TO ANY LICENSEE OF THE COMMISSION.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Banking and Insurance submitted a favorable report on:

H. 3790 -- Rep. Phillips: A BILL TO AMEND SECTION 59-125-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE THAT THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AS EX OFFICIO MEMBERS OF THIS BOARD MAY APPOINT A DESIGNEE FOR THEM ON THE BOARD.

Ordered for consideration tomorrow.

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

An invitation from Governor Carroll Campbell to attend a reception at the Mall at the Governor's Mansion on Tuesday, May 18, 1993, from 6:00 until 8:00 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

An invitation from Plant Managers' Division of the South Carolina Textile Manufacturers Association to attend a reception at the Ramada Town House on Wednesday, May 5, 1993, from 6:00 until 8:00 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

An invitation from (USC) Dr. Edward Floyd, (Clemson) Mr. Harold Kingsmore and (MUSC) Dr. E. Conyers O'Bryan to attend a reception at the Capital City Club on Tuesday, May 11, 1993, from 6:00 until 8:00 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

S. 256 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL FUND FROM FINES AND COSTS COLLECTED BY THE STATE BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO REIMBURSE THE BOARD FOR EXPENSES RELATED TO INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS; TO AMEND SECTION 40-9-30, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.

The House returned the Bill with amendments.

Senator DRUMMOND explained the amendment.

On motion of Senators DRUMMOND and MACAULAY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.

The House returned the Bill with amendments.

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

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

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 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.

H. 3648 -- Reps. Kennedy, Canty, Hines, Cobb-Hunter, Whipper, Neal, Scott, Byrd, Simrill, Graham, J. Wilder, Govan, Snow, Neilson, Gonzales, Holt, Stille, Phillips, Harrell, Breeland, Inabinett, Thomas, Haskins, Vaughn, Jennings, Moody-Lawrence, R. Smith, Kinon, Stuart, Rudnick, Houck, D. Smith, D. Wilder, Askins, McCraw and Littlejohn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH THE SOUTH CAROLINA AFRICAN-AMERICAN HERITAGE COUNCIL TO ASSIST AND ENHANCE THE DEPARTMENT'S EFFORTS TO PRESERVE AND PROMOTE HISTORIC PROPERTIES REFLECTING THE STATE'S AFRICAN-AMERICAN HERITAGE; TO AUTHORIZE THE DEPARTMENT TO PROVIDE STAFF ASSISTANCE AND FUNDING FOR THE COUNCIL; AND TO PROVIDE FOR THE TERMINATION OF THE COUNCIL JUNE 1, 1998.

H. 3842 -- Reps. Stuart, Koon, Riser, Spearman and Sturkie: A BILL TO PROVIDE THAT OF THE MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 ELECTED IN 1994, ONE MUST BE A RESIDENT OF THE PELION SCHOOL ATTENDANCE AREA AND ANOTHER MUST BE A RESIDENT OF THE GILBERT SCHOOL ATTENDANCE AREA, TO REQUIRE THEIR SUCCESSORS TO ALSO BE RESIDENTS OF THESE SCHOOL ATTENDANCE AREAS, AND TO AUTHORIZE THE ENTITY CHARGED WITH CONDUCTING THESE TRUSTEE ELECTIONS TO REQUIRE THAT PROOF OF RESIDENCY IN THESE ATTENDANCE AREAS AS IT CONSIDERS NECESSARY.

H. 3960 -- Reps. Kennedy, Harvin and Williams: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO STUDY THE INTERSECTION OF U.S. HIGHWAY 52 AND U.S. HIGHWAY 521 IN WILLIAMSBURG COUNTY AND MAKE A RECOMMENDATION TO IMPROVE THE SAFETY OF THE AREA.

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

H. 3596 -- Reps. R. Smith and Stone: A BILL TO AMEND SECTION 59-67-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPEED LIMIT FOR PUBLIC SCHOOL BUSES AND EXCEPTIONS, SO AS TO PROVIDE THAT NO PUBLIC SCHOOL BUS MAY BE OPERATED IN EXCESS OF FORTY-FIVE, RATHER THAN THIRTY-FIVE, MILES AN HOUR, EXCEPT AS PROVIDED IN SECTION 59-67-525, OR WHEN TRAVELING TO AND FROM SPECIAL EVENTS WHICH NECESSITATE TRAVEL ON INTERSTATE OR STATE PRIMARY HIGHWAYS.

Senator LEVENTIS explained the Bill.

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

S. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.

S. 617 -- Senators Courson, Lander, Russell and Wilson: A JOINT RESOLUTION TO CREATE A JOINT PROPERTY TAX STUDY TASK FORCE TO STUDY ALL PHASES OF THE PROPERTY TAX SYSTEM IN ORDER TO DETERMINE THE EFFECTIVENESS AND FAIRNESS OF PROPERTY TAX ASSESSMENT AND COLLECTION IN THIS STATE.

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

S. 123 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-370 SO AS TO PROVIDE A PROCEDURE FOR AN INSURED TO CONTEST ALLEGATIONS OF FAULT IN A MOTOR VEHICLE ACCIDENT WHERE HIS AUTOMOBILE INSURANCE COMPANY INTENDS TO IMPOSE A SURCHARGE BASED ON SUCH ALLEGED FAULT, AND TO PROHIBIT AN AUTOMOBILE INSURANCE COMPANY FROM USING THE FACT THAT ITS INSURED PAID AN OUT-OF-STATE MOTOR VEHICLE TRAFFIC TICKET, WHEREIN NO TRIAL OR OTHER ADJUDICATORY PROCEEDING ATTENDED BY THE INSURED WAS HELD, AS EVIDENCE OF FAULT AS A BASIS FOR IMPOSING A SURCHARGE ON THE INSURED.

By prior motion of Senator ROSE, with unanimous consent, the Bill was read the third time.

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

There was no objection.

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

Senator ROSE proposed the following amendment (S123.002), which was adopted:

Amend the bill, as and if amended, page 1, lines 11 through 22, by deleting lines 11 through 22, and inserting therein the following:

/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-370 SO AS TO PROHIBIT AN AUTOMOBILE INSURANCE COMPANY FROM USING THE FACT THAT ITS INSURED PAID AN OUT-OF-STATE MOTOR VEHICLE TRAFFIC TICKET, WHEREIN NO TRIAL OR OTHER ADJUDICATORY PROCEEDING ATTENDED BY THE INSURED WAS HELD, AS EVIDENCE OF FAULT AS A BASIS FOR IMPOSING A SURCHARGE ON THE INSURED. /

Amend title to conform.

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

S. 486 -- Senator Passailaigue: A BILL TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT A RETAILER IN THE UNINCORPORATED AREA OF THE COUNTY MAKING DELIVERIES IN MUNICIPALITIES IN THE COUNTY DOES NOT HAVE TO REPORT SUCH SALES SEPARATELY.

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

There was no objection.

The question being the third reading of the Bill.

Senator MACAULAY proposed the following Amendment No. 1 (JIC\5847HC.93), which was tabled:

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

/SECTION 1. Chapter 10, Title 4 of the 1976 Code is repealed.

SECTION 2. This act takes effect July 1, 1993./

Amend title to conform.

Senator PASSAILAIGUE argued contra to the adoption of the amendment and Senator MACAULAY argued in favor of the adoption of the amendment.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Bryan Courtney Drummond
Elliott Ford Glover
Hayes Jackson Land
Lander Leatherman Martin
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Rankin Richter
Short Smith, G. Stilwell
Washington Williams

Cork Courson Giese
Gregory Leventis Macaulay
McConnell Peeler Reese
Ryberg Setzler Smith, J.V.
Thomas Waldrep Wilson

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 2 (JIC\5848HC.93), which was tabled:

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

/SECTION 2. Section 4-10-20 of the 1976 Code, as added by Act 317 of 1990, is amended to read:

"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-519 and Article 11 of Chapter 35 Section 12-36-2110 of Title 12 are is exempt from the local sales and use tax. The sale of food which lawfully may be purchased with United States Department of Agriculture Food Stamps is exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810 12-36-1310. Taxpayers required to remit taxes under Section 12-35-810 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12 Section 12-36-920(A), who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."

SECTION 3. This act takes effect July 1, 1993./

Amend title to conform.

Senator MACAULAY argued in favor of the adoption of the amendment and Senator PASSAILAIGUE argued contra.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Bryan Courtney Drummond
Elliott Hayes Land
Lander Leatherman Leventis
Martin McConnell McGill
Mescher Moore O'Dell
Passailaigue Patterson Rankin
Richter Short Smith, G.
Smith, J.V. Stilwell Williams

Cork Courson Ford
Giese Glover Gregory
Holland Jackson Macaulay
Matthews Mitchell Peeler
Reese Ryberg Setzler
Thomas Waldrep Washington
Wilson

The amendment was laid on the table.

Senator SETZLER proposed the following Amendment No. 3 (486R001.NGS), which was tabled:

Amend the bill, as and if amended, page 2, by adding an appropriately numbered SECTION to read:

/ SECTION . The 1976 Code is amended by adding the following:

"Section . Nothing in Chapter 10 of Title 4 or in Title 12 of the 1976 Code shall be construed to require the payment of local option sales and use tax when a sale is made by a vendor located in a county which has not approved the local option sales tax for a sale to a person or entity located in a county which has approved the levy of the local option sales tax." /

Amend title to conform.

Senator SETZLER argued in favor of the adoption of the amendment and Senator PASSAILAIGUE argued contra.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Bryan Courson Courtney
Drummond Elliott Glover
Hayes Holland Jackson
Land Lander Leatherman
Martin Matthews McGill
Mescher O'Dell Passailaigue
Patterson Rankin Richter
Ryberg Short Smith, G.
Washington Williams

Cork Giese Gregory
Macaulay Mitchell Peeler
Reese Setzler Stilwell
Thomas Waldrep Wilson

The amendment was laid on the table.

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

S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.

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

There was no objection.

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

Senator MATTHEWS proposed the following amendment (17173AC.93), which was adopted:

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

/SECTION 1. Chapter 22, Title 40 of the 1976 Code is amended by adding:

"Section 40-22-195. (A) To be eligible for registration as a Category B associate professional engineer an applicant must be of good character and reputation. If the evidence presented in the application does not appear conclusive to the board or does not warrant the issuing of a certificate of registration, the applicant may be required to present further evidence for consideration by the board. The applicant also shall meet the requirements of the other pertinent sections of this chapter.

(B) The minimum evidence satisfactory to the board that an applicant is qualified for registration as a Category B professional engineer is graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the board, and passing a written examination as required by the board.

(C) A Category B professional engineer license holder has the same practice privileges as a Category A license holder, except that holders of the Category B license may not assume direct responsibility, direct supervisory control or responsible charge for engineering work as an independent private practitioner, or for engineering work provided by a private practice organization."

SECTION 2. Section 40-22-10 (9) of the 1976 Code, as added by Act 99 of 1991, is amended by adding at the end:

"`TAC' means the Technology Accreditation Commission of ABET".

SECTION 3. Section 40-22-10 of the 1976 Code, as added by Act 990 of 1991 is amended by adding at the end:

"(22) `Approved engineering curriculum' means an engineering program of four or more years determined by the board to be substantially equivalent to that of an EAC/ABET accredited curriculum.

(23) `Private practitioner' means a person who individually holds himself out to the general public as able to perform, or who individually does perform, the independent practice of engineering or land surveying.

(24) `Private practice organization' means a proprietorship, partnership, corporation, professional corporation, or similar entity through which the practice of engineering or land surveying would require a certificate of authorization as prescribed in this chapter."

SECTION 4. Section 40-22-190 of the 1976 Code, as added by Act 99 of 1991, is amended to read:

"Section 40-22-190. (A) To be eligible for registration as a Category A professional engineer, an applicant must be of good character and reputation. When the evidence presented in the application does not appear conclusive to the board conclusive, nor or does not warrant the issuing of a certificate of registration, the applicant may be required to present further evidence for the consideration of by the board. The applicant must also also shall meet the requirements of the other pertinent sections of this chapter.

(B) The minimum evidence satisfactory to the board that an applicant is qualified for registration as a Category A professional engineer is:

(1) graduation in an EAC/ABET accredited engineering curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of an additional four or more years of progressive experience in engineering work of a character satisfactory to the board, indicating that the applicant is competent to practice engineering (in counting years of experience, the board, at its discretion, may give one year credit for satisfactory completion of a Master's Degree in Engineering or maximum credit of two years for satisfactory completion of the doctorate level degree in engineering), and passing of examinations required by the board; or

(2) graduation in from an approved engineering or an approved related engineering science curriculum of four or more years in a school or college other than those approved by the board in item (1) of this section, a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the board, indicating that the applicant is competent to practice engineering, passing of a written or oral examination designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited four-year engineering curriculum, and then passing of the written examinations required of applicants in item (1) of this section.;

(3) graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, supplemental post graduate studies in approved engineering science courses sufficient to equate the applicant's cumulative program of formal engineering study as being substantially equivalent to an EAC/ABET accredited program, a specific record after graduation of eight or more years of experience in engineering work of a character satisfactory to the board and which indicates that the applicant is competent to practice engineering, passing a written examination designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited four-year engineering curriculum, and then passing the written examination required of applicants in item (1); or

(4) graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of eight or more years of experience in engineering work under a category A professional engineer, passing additional courses required by the board, and then passing the written examination required of applicants in item (1).

(C) A Category A professional engineer license holder is entitled to the unrestricted practice of engineering."

SECTION 5. Section 40-22-200(2) of the 1976 Code, as added by Act 99 of 1991, is amended to read:

"(2) graduation in an approved engineering or an approved related engineering science curriculum of four or more years in from a school or college other than those approved by the board in item (1) of this section, or graduation in a TAC/ABET accredited engineering technology curriculum of four or more years from a school or college approved by the board as being in satisfactory standing, a specific record after graduation of four or more years experience in engineering work of a character satisfactory to the board and passing written examinations in engineering subjects designed to show knowledge and skill approximating that attained through graduation in an EAC/ABET accredited engineering curriculum, and passing of the examination as required in item (1) of this section. Upon graduation an applicant qualifying under this item may take the written examination as required by the board; however, the applicant only may be certified as an engineer-in-training after having first attained four years of progressive experience in engineering work of a character satisfactory to the board."

SECTION 6. Section 40-22-370(1) of the 1976 Code, as added by Act 99 of 1991, is amended by adding at the end:

"The seal also shall bear evidence of the license category for professional engineers and the tier designation for professional land surveyors."

SECTION 7. Section 40-22-390 of the 1976 Code, as added by Act 99 of 1991, is amended by adding at the end:

"(7) practicing in a registration category or tier for which the registrant has not been licensed by the board."

SECTION 8. A person licensed as a professional engineer in this State as of this act's effective date must be recognized as a Category A professional engineer license holder. A person licensed after this act's effective date may be recognized as a Category A license holder only if the person meets the qualifications prescribed in Section 40-22-190 of the 1976 Code as amended in Section 4 of this act.

SECTION 9. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MATTHEWS explained the amendment.

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

S. 656 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.

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

Senators BRYAN and GIESE proposed the following amendment (DKA\4631AL.93), which was adopted:

Amend the bill, as and if amended, item (5) of Section 20-7-3230(A), SECTION 1, page 2, by inserting after /ownership/ on line 2 /or management/.

Amend further, item (4) of Section 20-7-3230(A), SECTION 2, page 3, line 21, by striking /must/ and inserting /must shall/; and on line 29 by striking /providing/ and inserting /providing planning/.

Amend further, item (4), page 4, by inserting after the /./ on line 19 /No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina./

Amend further, item (4), page 4, by inserting before /However/ on line 31 /A facility operated by the Department of Youth Services for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board./

Amend further, item (4), page 4, by inserting after /juveniles/ on line 35 /,/.

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.

H. 3174 -- Rep. Felder: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO DEFINE OWNERSHIP AND FINANCIAL INTEREST IN BEER OPERATIONS AS REGARDS TIERS IN THE INDUSTRY.

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

There was no objection.

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

The Bill was read the third time and ordered returned to the House of Representatives with amendments.

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

H. 3416 -- Reps. Gonzales, Hutson, A. Young, Hallman, Simrill, R. Smith, Harwell, Holt, R. Young, Law, Wofford, Fulmer, Harrell, Neal, Littlejohn, Keyserling, Shissias, J. Bailey, Cooper, Huff, Corning, Breeland, Richardson, Neilson, Canty, Stone, Whipper, Davenport, Vaughn, Stille, H. Brown, M.O. Alexander, Walker, Haskins, Jaskwhich, McTeer, Inabinett, Harvin, McCraw, Phillips, Farr, Harrelson, Moody-Lawrence and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-32 SO AS TO AUTHORIZE A MUNICIPALITY TO APPOINT AND COMMISSION CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES AS NECESSARY FOR THE SECURITY, GENERAL WELFARE, AND CONVENIENCE OF THE MUNICIPALITY.

Senator COURTNEY explained the Bill.

H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.

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

The Judiciary Committee proposed the following amendment (JUD3043.001), which was adopted:

Amend the bill, as and if amended, page 1, line 32, in Section 22-3-800, as contained in SECTION 1, by inserting after the word /including/ the following:

/ imposing or suspending / .

Amend the bill further, as and if amended, page 1, beginning on line 38, in Section 22-3-800, as contained in SECTION 1, by striking lines 38 and 39 in their entirety and inserting therein the following:

/ 34-11-90, or for an offense of driving under suspension pursuant to Section 56-1-460 when the person's driver's license was suspended pursuant to the provisions of Section / .

Amend title to conform.

Senator COURTNEY 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.

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

S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

On motion of Senator PASSAILAIGUE, with unanimous consent, S. 748 was ordered to receive a third reading on Friday, April 30, 1993.

S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.

Senator WILSON spoke on the Bill.

On motion of Senator WILSON, with unanimous consent, S. 520 was ordered to receive a third reading on Friday, April 30, 1993.

S. 532 -- Senators Wilson, Bryan, Giese and Thomas: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE FILTERS.

On motion of Senator GIESE, with unanimous consent, S. 532 was ordered to receive a third reading on Friday, April 30, 1993.

H. 3295 -- Reps. Tucker and D. Smith: A BILL TO AMEND SECTION 27-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY RECOVERED BY THE SHERIFF OR POLICE CHIEF, SO AS TO CHANGE THE TIME FOR A PUBLIC AUCTION TO SIXTY DAYS.

H. 3558 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE TELECOMMUNICATIONS RELAY SERVICE ADVISORY COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1520, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 747 -- Judiciary Committee: A BILL TO AMEND SECTION 40-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE THAT PERSONS LICENSED AS ACCOUNTANTS MAY OPERATE IN ANY FORM ALLOWED BY LAW; TO AMEND SECTION 40-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION AND EDUCATION REQUIREMENTS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO INCLUDE FIVE YEARS' EXPERIENCE TEACHING ACCOUNTING IN A COLLEGE OR UNIVERSITY RECOGNIZED BY THE BOARD AS ONE OF THE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 40-1-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WAIVER OF EXAMINATION FOR A PERSON CERTIFIED IN ANOTHER STATE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO PROVIDE FOR FOREIGN RECIPROCITY WHEN SUCH JURISDICTIONS HAVE SUBSTANTIALLY EQUIVALENT REQUIREMENTS AS SOUTH CAROLINA; TO AMEND SECTION 40-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF CERTIFICATE OF COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS, SO AS TO PROVIDE THAT ANNUALLY OR ON OR BEFORE THE LAST DAY OF FEBRUARY A CERTIFICATE OF COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS MUST BE FILED WITH THE BOARD; TO AMEND SECTION 40-1-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF A LICENSE OR PERMIT, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY CERTIFICATE OF A CERTIFIED PUBLIC ACCOUNTANT OR A LICENSE OF A PUBLIC ACCOUNTANT; TO AMEND SECTION 40-1-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY LICENSE OR PERMIT OF AN ACCOUNTING PRACTITIONER.

On motion of Senator PASSAILAIGUE, with unanimous consent, S. 747 was ordered to receive a third reading on Friday, April 30, 1993.

H. 3761 -- Rep. Kirsh: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 38 SO AS TO AUTHORIZE THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS IN DENOMINATIONS OF LESS THAN ONE THOUSAND DOLLARS; TO AUTHORIZE THESE CAPITAL IMPROVEMENT BONDS TO BE SOLD AT A PRICE LESS THAN PAR; TO AUTHORIZE THAT IN THE COMPUTATION OF THE PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT BONDS OUTSTANDING, THE AMOUNT THE STATE RECEIVES FROM THE SALE OF THE CAPITAL IMPROVEMENT BONDS RATHER THAN THE PAR AMOUNT OF IT MUST BE USED FOR THIS COMPUTATION; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE MATURITY OF THESE BONDS; TO AUTHORIZE THESE BONDS TO BE OFFERED AND SOLD AT OTHER THAN PUBLIC SALE; AND TO AUTHORIZE THE STATE TREASURER TO DETERMINE THE RATE OF INTEREST THE CAPITAL IMPROVEMENT BONDS WILL BEAR.

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

H. 3493 -- Reps. Neilson, Sturkie, Holt, Hines, G. Brown, Law, Hutson, McLeod, Shissias, Littlejohn, Walker, Beatty, Canty, Davenport, Gonzales, Chamblee, Vaughn, McMahand, Allison, Rudnick, Inabinett, Barber, Stone, Fair, M.O. Alexander, Stille and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-731 SO AS TO PROVIDE FOR THE REMOVAL OF PERSONS FROM THE YOUTHFUL DRIVER CLASSIFICATION UNDER CERTAIN CIRCUMSTANCES FOR THE PURPOSES OF AUTOMOBILE INSURANCE, AND PROVIDE FOR THEIR RECLASSIFICATION AND FOR THE REFUNDING OF EXCESS PREMIUMS.

H. 3869 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO DISHONEST OR UNETHICAL PRACTICES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1509, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3870 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO CUSTODY OF CLIENT'S FUNDS OR SECURITIES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1510, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3871 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO FINANCIAL REPORTING REQUIREMENTS FOR CERTAIN INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 734 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO DEFINITIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MACAULAY, with unanimous consent, S. 734 was ordered to receive a third reading on Friday, April 30, 1993.

S. 735 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO HOME HEALTH CARE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1611, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MACAULAY, with unanimous consent, S. 735 was ordered to receive a third reading on Friday, April 30, 1993.

S. 736 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR PERMANENT LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1624, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MACAULAY, with unanimous consent, S. 736 was ordered to receive a third reading on Friday, April 30, 1993.

S. 737 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: TRANSFER OF SOLID WASTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1549, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MACAULAY, with unanimous consent, S. 737 was ordered to receive a third reading on Friday, April 30, 1993.

S. 738 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: COLLECTION, TEMPORARY STORAGE, AND TRANSPORTATION OF SOLID WASTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1547, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MACAULAY, with unanimous consent, S. 738 was ordered to receive a third reading on Friday, April 30, 1993.

S. 739 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: SOLID WASTE PROCESSING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MACAULAY, with unanimous consent, S. 739 was ordered to receive a third reading on Friday, April 30, 1993.

S. 740 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, with unanimous consent, S. 740 was ordered to receive a third reading on Friday, April 30, 1993.

S. 15 -- Senators Mitchell and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-170 SO AS TO PROVIDE FOR EVIDENCE OF BATTERED SPOUSE SYNDROME TO DEMONSTRATE THE DEFENDANT ACTED IN SELF-DEFENSE OR IN DEFENSE OF ANOTHER.

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

The Judiciary Committee proposed the following amendment (JUD15.003), which was adopted:

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

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

"Section 17-23-170. (A) Evidence that the actor was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actor lawfully acted in self-defense, defense of another, defense of necessity, or defense of duress. This section does not preclude the admission of testimony on battered spouse syndrome in other criminal actions. This testimony is not admissible when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.

(B) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique whose reliability is unproven.

(C) Lay testimony as to the actions of the batterer and how those actions contributed to the facts underlying the basis of the criminal charge shall not be precluded as irrelevant or immaterial if it is used to establish the foundation for evidence on the battered spouse syndrome.

(D) The foundation shall be sufficient for the admission of testimony on the battered spouse syndrome if the proponent of the evidence establishes its relevancy and the proper qualifications of the witness.

(E) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial." /

Amend title to conform.

Senator COURTNEY explained the amendment.

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

On motion of Senator MITCHELL, with unanimous consent, S. 15 was ordered to receive a third reading on Friday, April 30, 1993.

S. 501 -- Senator Peeler: A BILL TO PROVIDE THAT CERTAIN CRIMINAL OFFENDERS COMMITTED TO INCARCERATION IN THIS STATE MAY BE REQUIRED TO PERFORM PUBLIC SERVICE WORK ACTIVITIES, PROHIBIT THE PARTICIPATION OF OFFENDERS CONVICTED OF VIOLENT CRIMES FROM PERFORMING THESE WORK ACTIVITIES, AND PROVIDE FOR THE TIMES WHEN THE WORK IS ALLOWED AND THE TYPE OF WORK ACTIVITIES PERMITTED.

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

The Corrections and Penology Committee proposed the following amendment (DKA\4586AL.93), which was adopted:

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

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

"Section 24-13-660. (A) A criminal offender committed to incarceration anywhere in this State may be required by prison or jail officials to perform public service work or related activities while under the supervision of appropriate employees of a federal, state, county, or municipal agency, or of a regional governmental entity or special purpose district. Prison or jail officials shall make available each inmate who is assigned to the program for transportation to his place of work on all days when work is scheduled and shall receive each inmate back into confinement at the respective facility after work is concluded. This public service work is considered to be a contribution by the inmate toward the cost of his incarceration and does not entitle him to additional compensation.

(B) No offender may be allowed to participate in these public service work activities unless he first is properly classified and approved to be outside the prison or jail without armed escort.

(C) The public service work requirement in subsection (A) operates only when adequate supervision and accountability can be provided by the agency, entity, district, or organization which is responsible for the work or related activity. The types of public service work permitted to be performed includes, but is not limited to, litter control, road and infrastructure repair, and emergency relief activities.

(D) The South Carolina Department of Corrections may enter into a contractual agreement with any federal, state, county, or municipal agency, or with any regional governmental entity or public service district, to provide public service work or related activities through the use of inmate labor under authorized circumstances and conditions. A jail or camp also may provide public service work or related activities through the use of inmate labor in accordance with the Minimum Standards for Local Detention Facilities in South Carolina and with applicable statutes and ordinances.

(E) It is the policy of this State and its subdivisions to utilize criminal offenders for public service work or related activities whenever it is practical and is consistent with public safety. All eligible agencies, entities, districts, and organizations are encouraged to participate by using a labor force that can be adequately supervised and for which public service work or related activities are available.

(F) Nothing in this section may be construed to prohibit or otherwise to limit the use of inmate labor by the South Carolina Department of Corrections within its own facilities or on its own property, or by any jail or camp within its own facilities or on its own property. Further, nothing in this section prevents the South Carolina Department of Corrections from escorting and supervising any inmate for a public purpose when the department provides its own security."

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

Amend title to conform.

Senator MITCHELL explained the amendment.

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

On motion of Senator MITCHELL, with unanimous consent, S. 501 was ordered to receive a third reading on Friday, April 30, 1993.

S. 589 -- Senator Courson: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.

Senator WILLIAMS 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 Judiciary.

The Judiciary Committee proposed the following amendment (JUD589.001), which was adopted:

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

SECTION 1. Section 29-1-10 of the 1976 Code is amended to read:

"Section 29-1-10. No mortgage or deed having the effect of a mortgage or other lien shall constitute a lien upon any real estate after the lapse of twenty years from the date for the maturity of such the lien. But However, if the holder of any such the lien shall, at any time during the continuance of such the lien, cause to be recorded upon the record of such that mortgage or deed having the effect of a mortgage or other lien a note of some payment on account or some written acknowledgment of the debt secured thereby, with the date of such the payment or acknowledgment, such the mortgage or deed having the effect of a mortgage or other lien shall be, and shall continue to be, a lien for twenty years from the date of the record of any such that payment on account or acknowledgment. When there is no maturity stated or fixed in the mortgage or the record of the mortgage, then the provisions hereof shall be are applicable from the date of such that mortgage and such that mortgage shall not constitute a lien after the lapse of twenty years from the date thereof. Notwithstanding the above provisions of this section, any mortgage or other instrument which by its terms creates a lien upon any real property interest held by a gas or electrical utility or electric cooperative shall continue to constitute a lien thereon until satisfied or released of record regardless of whether or not the instrument states a maturity date."

SECTION 2. Section 29-3-50 of the 1976 Code is amended to read:

"Section 29-3-50. (A) Any mortgage or other instrument conveying an interest in or creating a lien on any real estate, securing existing indebtedness or future advances to be made, regardless of whether such the advances are to be made at the option of the lender, shall be are valid from the day and hour when recorded so as to affect the rights of subsequent creditors, whether lien creditors or simple contract creditors, or purchasers for valuable consideration without notice to the same extent as if such the advances were made as of the date of the execution of such the mortgage or other instrument for the total amount of advances made thereunder, together with all other indebtedness and sums secured thereby, the total amount of existing indebtedness and future advances outstanding at any one time may not exceed the maximum principal amount stated therein, plus interest thereon, attorneys' attorney's fees and court costs. It shall is not be necessary that any such the mortgage state as part of the maximum principal the amount of any deferred, accrued, or capitalized interest or discount of any nature or kind, whether the rate of interest or discount is fixed or variable pursuant to an alternative mortgage loan transaction as defined in Section 37-1-301(5), and the lien of such the mortgage as to all such that interest or discount shall have the same priority as the principal; provided, however, that the recorded mortgage discloses that interest or discount will be deferred, accrued, or capitalized. However, the lien of a person who has furnished labor, services, or material in connection with the construction of improvements to real property is superior to the lien of a recorded mortgage as to disbursements made after filing of the notice of the mechanic's lien required by Section 29-5-90 and service of the notice on all prior recorded mortgage holders. Service of the notice on prior recorded mortgage holders must be made pursuant to Rule 4 of the South Carolina Rules of Civil Procedure. The priority of the mechanic's lien extends only to the mortgage disbursements made after the filing of the lien and service of the notice on all prior recorded mortgage holders.

(B) Any mortgage or other instrument which by its terms creates an interest in or a lien upon any real property interest held by a gas or electrical utility or electric cooperative, securing existing indebtedness or indebtedness to be incurred in the future, is valid from the day and hour when recorded. It affects and is prior to the rights of all creditors and purchasers for valuable consideration without notice and all liens except liens of record prior to recordation of the mortgage, regardless of whether there is an actual debt outstanding at the time of recordation of the mortgage, to the same extent as if the future indebtedness were incurred as of the date of the execution of the mortgage or other instrument for the total amount of indebtedness thereafter incurred, together with all other indebtedness and sums secured thereby. However, the total amount of existing indebtedness and future indebtedness at any one time may not exceed the maximum principal amount stated therein plus interest thereon, attorney's fees and court costs, and the mortgage or other instrument must contemplate that future indebtedness may be incurred. The mortgage or other instrument shall remain a valid lien and effective as record notice thereof until satisfied or released of record even though there are periods during which no indebtedness is outstanding thereunder.

Notwithstanding the above provisions, the lien of a person who has furnished labor, services, or materials in connection with the construction of improvements to real property is superior to the lien of a recorded mortgage as to indebtedness actually incurred after filing of the notice of the mechanic's lien required by Section 29-3-90 and service of the notice on all prior recorded mortgage holders. Service of the notice on prior recorded mortgage holders must be made pursuant to Rule 4 of the South Carolina Rules of Civil Procedure. The priority of the mechanic's lien extends only to the mortgage indebtedness actually incurred after the filing of the lien and service of the notice on all prior recorded mortgage holders."

SECTION 3. The 1976 Code is amended by adding:

"Section 29-3-80. Any mortgage or other instrument executed by a gas or electrical utility or electric cooperative transacting business in this State which by its terms creates a lien upon any real property interest then owned or thereafter acquired and which is recorded as a mortgage of real property in any county in which the property is located or is to be located shall have the same force and effect as if the mortgage or other instrument were also recorded or filed in the proper office in the county as a mortgage of personal property. Recordation of the mortgage or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described immediately upon the acquisition thereof by mortgagor and the lien is superior to all claims of creditors of the mortgagor and purchasers of these real property interests, except prior liens of record, affecting the property. The gas or electrical utility or electric cooperative shall file a notice in every county in which the utility intends to claim the benefit of this provision of law and referencing the book and page number of the mortgage or other instrument which is entitled to the benefit of this provision of law. Thereafter, there shall be no further document necessary to create or give notice of the lien upon the real property interest thereafter acquired by the gas or electrical utility or electric cooperative."

SECTION 4. The 1976 Code is amended by adding:

"Section 29-3-90. (A) Any real property or real property interests, including, without limitation, easements and rights-of-way, of any gas or electrical utility or electric cooperative which are intended to be subjected to the lien of any mortgage, indenture, or other type of real property security agreement, may be described in general terms and are operative and effective without the necessity of description of metes and bounds, references to plats, or other methods of description as commonly utilized in mortgages of this State. Without limiting or excluding other types of general descriptions which may be utilized for these purposes, it is sufficient if the property or property interests are described in the following words or their substantial equivalent:

All real property and real property interests of , including, without limitation, lands, buildings, fixtures, easements, rights-of-way, leaseholds, and other interests, situate, lying, and being in any one or more of the counties of the State of South Carolina, as the same may be now or hereafter constituted or delineated, and whether now owned or acquired hereafter while the lien of this mortgage remains open and unsatisfied of record, SAVING, EXCEPTING, AND EXCLUDING THEREFROM THE FOLLOWING: .

(B) The provisions of Section 30-5-35 relating to derivation clauses in deeds and mortgages do not apply to mortgages granted by gas or electrical utilities or electric cooperatives.

(C) Without limiting the foregoing, it is also sufficient and effective to subject real property and real property interests of any gas or electrical utility or electric cooperative to the lien of any prior mortgage, indenture, or other similar real property security agreement executed by the utility by reference to the prior mortgage or other instrument and the inclusion of words in the deed or conveyance to the effect that the real property or real property interests will be upon acquisition by the grantee immediately and automatically subjected to the lien of the prior mortgage or other instrument.

(D) Without limiting the effect of subsections (A), (B), and (C) above, it is also operative and effective to describe the real property or real property interests of any gas or electrical utility or electric cooperative being subjected to the lien of a mortgage, indenture, or other real property security agreement by referencing the property description or descriptions contained in any prior mortgage or other real property financing agreement executed by the utility, even though that prior mortgage or other instrument may be satisfied of record and notwithstanding the fact that the prior mortgage or other instrument encumbers real property or real property interests which have been subjected thereto by reference to a description contained in another instrument."

SECTION 5. The provisions provided for gas or electrical utilities or electric cooperatives in Sections 29-1-10, 29-3-50(B), 29-3-80, and 29-3-90 of this act shall be construed as cumulative authority and shall not be construed to impliedly repeal any existing laws affecting mortgages and liens of gas or electrical utilities or electric cooperatives.

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

Amend title to conform.

Senator WILLIAMS explained the amendment.

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

On motion of Senator WILLIAMS, with unanimous consent, S. 589 was ordered to receive a third reading on Friday, April 30, 1993.

H. 3112 -- Reps. Wilkins and Hodges: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.

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

Senator HOLLAND proposed the following amendment (JUD3112.002), which was adopted:

Amend the bill, as and if amended, beginning on page 2, line 36, in Section 44-53-375(A), as contained in SECTION 2, by striking lines 36 through line 9 on page 3, and inserting therein the following:

/ Section 44-53-110,:

(1) for a first offense, is guilty of a misdemeanor and, upon conviction for a first offense, must be imprisoned for a term of not less than two years nor more than five years and fined not less than five thousand dollars. For a first offense the court may, upon approval of the solicitor, may require as part of any a sentence that the offender enter and successfully complete a drug treatment and rehabilitation program. For;

(2) for a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than four years nor more than seven years and fined not less than ten thousand dollars. For;

(3) for a third or subsequent offense, the offender is guilty of a felony and, upon / .

Amend title to conform.

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

On motion of Senator HOLLAND, with unanimous consent, H. 3112 was ordered to receive a third reading on Friday, April 30, 1993.

S. 307 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-175, SO AS TO PROVIDE THAT ANY PERSON UNDER THE AGE OF FOURTEEN OPERATING A MOTORBOAT MUST BE ACCOMPANIED BY ANOTHER PERSON AT LEAST EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recommitted to the Committee on Fish, Game and Forestry.

There was no objection.

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

On motion of Senator MARTIN, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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.

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

Senator BRYAN argued in favor of the third reading of the Bill.

Senator GREGORY proposed the following Amendment No. 1 (3137R001.GG), which was tabled:

Amend the bill, as and if amended, Item (B) of Section 40-37-103 as contained in Section 1 of the bill on page 3, line 4, by adding a new subitem to be appropriately numbered to read as follows:

/ ( ) successfully completed a minimum of 1,200 hours of clinical training at an accredited medical school or under the supervision of another therapeutically certified optometrist or ophthalmologist /

Amend title to conform.

Senator GREGORY argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

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 MITCHELL, the Bill was carried over.

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

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

Senator ELLIOTT argued in favor of the Bill.

Senator LEVENTIS argued contra.

Senator BRYAN argued in favor of the Bill.

The Education Committee proposed the following amendment (CYY\15414SD.93), which was adopted:

Amend the bill, as and if amended, by adding Section 59-136-505 immediately following Section 59-136-500 on page 10 to read:

/Section 59-136-505. (A) No later than June 30, 1995, the Budget and Control Board shall issue state institution bonds pursuant to Title 59, Chapter 107, on behalf of Coastal Carolina University to refund and defease all state institution bonds issued on behalf of the University of South Carolina which are the Series 1991B and Series 1992C State Institution Bonds. That portion of the State Institution Bonds to be refunded which were used to provide facilities at Coastal Carolina University shall be refunded by a series of state institution bonds issued on behalf of Coastal Carolina University and secured by pledge of the tuition fees from Coastal Carolina University. The remaining state institution bonds to be refunded shall be refunded from the proceeds of state institution bonds issued on behalf of the University of South Carolina and secured by pledge of tuition fees collected at the University of South Carolina.

(B) On or before June 30, 1995, Coastal Carolina University shall issue its revenue bonds to refund the Student and Faculty Housing Revenue Bonds, Series 1987, issued by the University of South Carolina and Student and Faculty Housing Revenue Bond Anticipation Notes, the proceeds of which were used to provide facilities at Coastal Carolina University. The proceeds from the refunding revenue bonds shall be applied to defease and refund the outstanding Series 1987 Bonds and Notes. On and after the date of issuance of all refunding bonds, the pledge of revenues derived from the operation of dormitory facilities at Coastal Carolina University shall be released from the pledge securing other student and faculty housing revenue bonds issued by the University of South Carolina.

(C) Pending the issuance of the bonds described in subsections (A) and (B) above, the Budget and Control Board and the State Treasurer shall take all action necessary to continue the application of tuition fees and dormitory revenues derived by Coastal Carolina University to satisfy all obligations of the University of South Carolina with respect to bonds issued to provide facilities at Coastal Carolina University.

(D) For purposes of Section 59-107-10, Coastal Carolina University is also considered an institution on behalf of which state institution bonds may be issued thereunder. The purposes for which state institution bonds may be issued on behalf of Coastal Carolina University shall include the refunding of state institution bonds issued on behalf of the University of South Carolina to provide facilities at Coastal Carolina University./

Amend the bill further, as and if amended, by striking Section 3, as contained on page 11 and inserting:

/SECTION 3. This act takes effect upon approval by the Governor, and the General Assembly during its 1993 Session shall elect the members of the Board of Trustees of Coastal Carolina University who shall take office on July 1, 1993./

Renumber sections to conform.

Amend title to conform.

The question then was the third reading of the Bill.

Senator RYBERG spoke on the Bill.

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

Senators LEVENTIS, CORK and RYBERG desired to be recorded as voting against the third reading of the Bill.

Having received a favorable report from the Committee on Transportation, on motion of Senator LAND, the following appointment was confirmed:

Initial Appointment, Member, South Carolina Public Railways Commission, with term to expire October 1, 1995:

At-Large:

The Honorable T. Dewey Wise, Post Office Drawer O, Charleston, S.C. 29401 VICE Edgar A. Buck (resigned)

On motion of Senator ELLIOTT, the following appointment was confirmed:

Initial Appointment, Member, Dillon County Board of Voter Registration, with term to expire March 15, 1994:

Mrs. Linda Sue Edwards, Route 2, Box 620, Dillon, S.C. 29536 VICE Jackie Squires (retired)

MOTION ADOPTED
On motion of Senator RICHTER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Charles Ray "Lefty" Holder, of Mount Pleasant, South Carolina.

MOTION ADOPTED
On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Tommie Alexander Segars of McBee, South Carolina.

Senator PASSAILAIGUE moved that when the Senate adjourns on Friday, April 30, 1993, it stand adjourned to meet next Tuesday, May 4, 1993, at 12:00 Noon, which motion was adopted.

At 1:29 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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