Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear a few words from the Book of Deuteronomy, Chapter 10
(v. 12):

"And now, Israel, what does the Lord your

God require of you, but to fear the Lord

your God, to walk in all His ways, to

love Him, to serve the Lord your God with

all your heart and with all your soul, and

to keep the commandments and statutes of

the Lord, which I command you this day...

FOR YOUR GOOD?"
Let us pray.

God of our fathers, and Israel's God, we are grateful for the words that follow the exhortations to obey the commandments of God; that obedience is FOR YOUR GOOD.

Keep ever before us that it is FOR OUR GOOD that You keep before 1us the commanding vision of a social order where the throne of God is the dynamic center and the love of our fellow human beings the all pervading principle. This is our prayer in the Name of the God of Moses.

Amen.

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

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

The Senate resumed.

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

Senator GIESE introduced Dr. William Brannon of Columbia, S.C., Doctor of the Day.

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

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

Columbia, S.C., May 4, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
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.
asks for a Committee of Conference, and has appointed Reps. Rogers, Kirsh and McAbee of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators DRUMMOND, LAND and McCONNELL of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator McCONNELL, under the provisions of Rule 44, one day's notice was given of a motion to suspend all or a portion of the first sentence of the second paragraph of Rule 33.

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

Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the local delegation.

There was no objection.

The Resolution was read the second time and ordered placed on the third reading Calendar.

On motion of Senator ELLIOTT, with unanimous consent, H. 3739 was ordered to receive a third reading on Thursday, May 13, 1993.

The following were introduced:

S. 768 -- Senators Passailaigue, J. Verne Smith, Bryan, Wilson, Drummond, Waldrep, Thomas and Giese: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.

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

S. 769 -- Senator Martin: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

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

On motion of Senator MARTIN, S. 769 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 770 -- Senator McGill: A BILL TO AMEND SECTION 9-1-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION OF POLITICAL SUBDIVISIONS TO THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE THAT AN EMPLOYEE OF A POLITICAL SUBDIVISION MAY JOIN THE SYSTEM WHETHER THE EMPLOYER IS ADMITTED IF ALL CONTRIBUTIONS ARE PAID BY THE EMPLOYEE AND OTHER REQUIREMENTS ARE MET.

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

S. 771 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

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

H. 4179 -- Reps. Klauber, McAbee and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. HUNTER W. MAY OF GREENWOOD COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

H. 3530 -- Reps. Barber, Hallman, R. Young, Holt, Whipper, J. Bailey and Breeland: A BILL TO AMEND SECTION 56-5-3860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, BICYCLES, AND CERTAIN OTHER VEHICLES PROHIBITED ON CONTROLLED-ACCESS HIGHWAYS, SO AS TO PROVIDE FOR A WAIVER BY A COUNTY COUNCIL.

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

H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.

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

H. 3729 -- Reps. Baxley, Quinn, Harrison, Hines, Barber, Inabinett, Snow, Thomas, R. Smith, Canty, Shissias, Stille, Gonzales, Walker, Littlejohn, D. Wilder and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL COMMEMORATIVE LICENSE PLATE TO PROMOTE THE MANAGEMENT AND PROTECTION OF NONGAME AND ENDANGERED SPECIES.

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

H. 4137 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORTING TERMINATION OF SCHOOL DISTRICT PERSONNEL TO STATE DEPARTMENT OF EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1554, 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 Education.

H. 4146 -- Reps. J. Bailey and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR THE HUNTING OF FOX IN GAME ZONE 6.

Read the first time and referred to the Committee on Fish, Game and Forestry.

Senator COURSON from the Committee on Invitations polled out H. 4159 favorable:

H. 4159 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF SOUTH CAROLINA FOR ITS ACCOMPLISHMENTS IN ASSISTING ITS MEMBERS TO ACHIEVE A HIGH DEGREE OF PROFESSIONAL COMPETENCE AND PUBLIC TRUST AND TO DECLARE WEDNESDAY, MAY 19, 1993, AS CERTIFIED GOVERNMENT FINANCE OFFICERS DAY IN SOUTH CAROLINA.

Courson Peeler Wilson
Matthews Thomas Stilwell
Russell Passailaigue

Patterson O'Dell

Ordered for consideration tomorrow.

S. 767 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE PROFESSOR YAKIR AHARONOV UPON HIS ELECTION TO THE NATIONAL ACADEMY OF SCIENCES.

Returned with concurrence.

Received as information.

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

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

S. 762 -- Senator Martin: A BILL TO AMEND SUBSECTION D OF ACT 261 OF 1981, RELATING TO PICKENS COUNTY SCHOOL DISTRICT, SO AS TO SPECIFY THE AMOUNT OF REVENUE WHICH MAY BE GENERATED EACH YEAR FOR NECESSARY SCHOOL MAINTENANCE.

(By prior motion of Senator MARTIN)

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

S. 464 -- Senators Glover and Ford: A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO REQUIRE THE FEDERAL HOLIDAY CELEBRATING MARTIN LUTHER KING, JR.'S BIRTHDAY AS A REQUIRED STATE HOLIDAY.

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

There was no objection.

H. 3049 -- Rep. Cromer: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO DELETE THE REQUIREMENT THAT THE MEMBER REPRESENTING EACH CONGRESSIONAL DISTRICT MUST PRACTICE IN THAT DISTRICT, DELETE PROVISIONS RELATING TO STAGGERED TERMS FOR INITIAL APPOINTMENTS, AND MAKE TECHNICAL CORRECTIONS.

Senator JACKSON explained the Bill.

H. 4135 -- Rep. D. Wilder: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1993.

S. 507 -- Senators Giese, Martin, Passailaigue, Washington, Rose, Ryberg, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.

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 (17178AC.93), which was adopted:

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

/SECTION 1. Section 44-6-150 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:

"Section 44-6-150. (A) There is created the South Carolina Medically Indigent Assistance Program, administered by the commission. The program is authorized to sponsor up to fifteen million dollars of inpatient hospital care, for which hospitals shall receive no reimbursement except as provided in Section 44-6-155(D). Any A general hospital equipped to provide the necessary treatment must shall:

(1) admit a patient sponsored by the program; and

(2) accept the transfer of a patient sponsored by the program from a hospital which is not equipped to provide the necessary treatment.

In addition to or in lieu of any an action taken affecting the license of the hospital, when it is established that any an officer, employee, or member of the hospital medical staff has violated the provisions of this section, the South Carolina Department of Health and Environmental Control shall require the hospital to pay a civil penalty of up to ten thousand dollars.

(B) Hospital charges for patients sponsored by the Medically Indigent Assistance Program must be adjusted by the most recent audited cost to charge ratio when used to calculate:
(1) claims against the Medically Indigent Assistance Program by county residents as required by Section 44-6-146(B);
(2) the fifteen million dollar limit on hospital care sponsored by the Medically Indigent Assistance Program; and
(3) hospital reimbursements authorized by Section 44-6-155(D). reported to the Division of Research and Statistical Services pursuant to Section 44-6-170.

(C) In administering the Medically Indigent Assistance Program, the commission shall determine:

(1) the method of administration, including the specific procedures and materials to be used statewide in determining eligibility for the program;

(a) In a nonemergency cases, the patient shall submit the necessary documentation to his the patient's county of residence or its designee to determine eligibility before admission to the hospital.

(b) In case of an emergency, the hospital shall admit the patient pursuant to Section 44-7-260. If a hospital holds the patient financially responsible for all or a portion of the inpatient hospital bill, and if the hospital determines that the patient could be eligible for the program, it shall forward the necessary documentation along with the patient's bill and other supporting information to the patient's county of residence or its designee for processing. A county may request that all claims hospital bills incurred by its residents sponsored by the program be submitted to the county or its designee for review before being forwarded to the commission for processing. If a county exercises its option to review claims, the reviews must be completed within fifteen days.

(2) the population to be served, including eligibility criteria based on family income and resources. Eligibility is determined on an episodic basis for a given spell of illness. Eligibility criteria must be uniform statewide and may include only those persons who meet the program's definition of medically indigent;

(3) the health care services covered;

(4) a system to reimburse hospitals if funds are available as provided in Section 44-6-155(D);

(5) requirements for hospitals to report information needed to administer the program. This includes, but is not limited to, each sponsored patient's name, program authorization number, county of residence, primary diagnosis, and hospital charges;

(6) (4) a process by which any claim or an eligibility determination can be contested and appealed; and

(7) (5) a method for processing claims. the program may not sponsor a patient until all other means of paying for or providing services have been exhausted. This includes Medicaid, Medicare, health insurance, employee benefit plans, or other persons or agencies required by law to provide medical care for the person. Hospitals may require eligible patients whose gross family income is between one hundred percent and two hundred percent of the federal poverty guidelines, to make a copayment based on a sliding payment scale developed by the commission based on income and family size.

(D) Nothing in this section may be construed as relieving hospitals of their Hill-Burton obligation to provide unreimbursed medical care to indigent persons."

SECTION 2. Section 44-6-155 of the 1976 Code, as last amended by Act 105 of 1991, is further amended to read:

"Section 44-6-155. (A) There is created the Medicaid Expansion Fund into which must be deposited funds:

(1) funds collected pursuant to Section 44-6-146;

(2) funds collected pursuant to Section 12-23-810; and

(3) funds appropriated pursuant to subsection (B) of this section.

This fund must be separate and distinct from the general fund. These funds are supplementary and may not be used to replace general funds appropriated by the General Assembly or other funds used to support Medicaid. These funds and the programs specified in subsection (C) are exempt from any budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund.

(B) The commission shall estimate the amount of federal matching funds which will be spent in the State during the next fiscal year due to the changes in Medicaid authorized by subsection (C) of this section. Based on this estimate, the General Assembly shall appropriate to the Medicaid Expansion Fund state funds equal to the additional state revenue generated by the expenditure of these federal funds.

(C) Monies in the fund must be used for the following purposes to:

(1) to provide Medicaid coverage to pregnant women and infants with family incomes above one hundred percent but below one hundred eighty-five percent of the federal poverty guidelines;

(2) to provide Medicaid coverage to children aged one through six with family income below federal poverty guidelines;

(3) to provide Medicaid coverage to aged and disabled persons with family income below federal poverty guidelines;

(4) to provide Medicaid coverage through a medically-needy program to eligible persons in families with medical expenses which reduce the net family income below state and federal standards;

(5) to provide Medicaid reimbursement for hospital patients in need of subacute care, including patients in swing beds;

(6) to provide a pool of at least forty-four million dollars for the sole purpose of adjusting Medicaid reimbursement for hospitals as provided in Section 44-6-140(A)(1). Funds in the pool not immediately used for this purpose must be carried forward for eventual use for this purpose;

(7) to provide up to two hundred forty thousand dollars to reimburse the Division of Research and Statistical Services and hospitals for the cost of collecting and reporting data pursuant to Section 44-6-170; and

(8) to supplement state funds needed to administer items (3) and (4), not to exceed $700,000.

(D) All funds not expended for the purposes specified above must be used at the end of the fiscal year to reimburse hospitals for care given to patients sponsored by the Medically Indigent Assistance Program during the same fiscal year.

(E) (D) Any funds not expended for the purposes specified in subsections subsection (C) and (D) above during a given year are carried forward to the succeeding year for the same purposes."

SECTION 3. Section 44-6-170 of the 1976 Code, as last amended by Act 105 of 1991, is further amended to read:

"Section 44-6-170. (A) In order to develop a timely and meaningful data base and to assist the commission in its efforts to properly carry out its functions as provided by the South Carolina Medically Indigent Assistance Act, the Division of Research and Statistical Services of the State Budget and Control Board shall require the standardized reporting by hospitals of the following hospital-specific information for the twelve-month period from October first through September thirtieth for each federal fiscal year, and the commission shall reimburse the division for the cost of collecting and preparing this information.

(A) As used in this section:

(1) `Division' means the Division of Research and Statistical Services of the Budget and Control Board.

(2) `Council' means the Data Oversight Council.

(3) `Committee' means the Joint Legislative Health Care Planning and Oversight Committee.

(B) There is established the Data Oversight Council comprised of:

(1) one hospital administrator;

(2) the chief executive officer or designee of the South Carolina Hospital Association;

(3) one physician;

(4) the chief executive officer or designee of the South Carolina Medical Association;

(5) one representative of major third party health care payers;

(6) one representative of the managed health care industry;

(7) one nursing home administrator;

(8) three representatives of nonhealth care-related businesses;

(9) one representative of a nonhealth care-related business of less than one hundred employees;

(10) the executive vice president or designee of the South Carolina Chamber of Commerce;

(11) a member of the Governor's Office staff;

(12) a representative from the Human Services Coordinating Council;

(13) the commissioner or his designee of the South Carolina Department of Health and Environmental Control;

(14) the executive director or his designee of the State Health and Human Services Finance Commission;

(15) the chairman or his designee of the Health Planning Committee created pursuant to Section 44-7-180.

The members enumerated in items (1) through (10) must be appointed by the Governor for three-year terms and until their successors are appointed and qualify; the remaining members serve ex officio. The Governor shall appoint one of the members to serve as chairman. The division shall provide staff assistance to the council.

(C) The division, with the approval of the council, shall promulgate regulations to implement this section in accordance with the Administrative Procedures Act. No data may be released by the division except in a format recommended by the council and approved by the committee. Patient identifiers gathered pursuant to this section are confidential. The information collected may not be released to entities or individuals unless release is made of aggregate statistical information so that no individual patient may be identified. The committee, upon recommendations of the council, shall determine what provider-identifiable data should be released for public use and what data should be released for research purposes. Any such release must be preceded by notice to the identified provider, who must be provided sufficient time to review the information and whose written response must be considered before a release and must be included, if requested, in the release. Nothing in this section may be construed to change or interfere with the mode of collection and format of release of existing inpatient hospital data by the division by general acute care hospitals, until recommendations are adopted by the council and approved by the committee. The council shall make periodic recommendations to the committee and the General Assembly concerning the collection and release of health care-related data by the State. The council shall forward to the committee, before December 2, 1993, recommendations for the collection of additional health care information and data, including, but not limited to, all outpatient data, information concerning health care manpower needs for the State, information to assist in the development and evaluation of health outcomes, and other information the council may consider necessary to assist in the formation of health care policy in the State. Recommendations by the council mandating the collection of this data apply to every provider or insurer affected by the recommendation, regardless of how the data is collected by the provider or insurer. Every effort must be made to utilize existing data sources.

(D) Information may be required to be produced only with respect to admissions of and treatment to patients after the effective date of the regulations implementing this section, except that data with respect to the medical history of the patient reasonably necessary to evaluation of the admission of and treatment to the patient may be required.

(E) The division shall convene a Health Data Analysis Task Force composed of technical representatives of universities and of the private sector and public agencies, including, but not limited, to health care providers and insurers to make recommendations to the council concerning types of analysis needed to carry out this section.

(F) All general acute care hospitals and specialized hospitals, including, but not limited to, psychiatric hospitals, alcohol and substance abuse hospitals, and rehabilitation hospitals shall provide the following information to the division: hospital-specific information for the twelve-month period from October first through September thirtieth for each federal fiscal year. This information must be submitted reported by February March first of the following year:

(1) total gross revenue, including:

(a) gross inpatient revenue;

(b) Medicare gross revenue;

(c) Medicaid gross revenue;

(d) South Carolina Medically Indigent Assistance Fund Program gross revenue;

(2) total deductions for contractual allowances from gross revenue, including:

(a) Medicare contractual allowances;

(b) Medicaid contractual allowances; and

(c) other contractual allowances; and

(d) bad debts;

(3) total direct costs and of medical education:

(a) reimbursed; and

(b) unreimbursed;

(4) total indirect costs of medical education:

(a) reimbursed; and

(b) unreimbursed;

(5) total costs of care for medically indigent bad debt and charity care:

(a) reimbursed; and South Carolina Medically Indigent Assistance Program;

(b) unreimbursed other charity care; and

(c) bad debt;

(6) total admissions, including:

(a) Medicare admissions;

(b) Medicaid admissions;

(c) South Carolina Medically Indigent Assistance Program admissions; and

(d) other admissions;

(7) total patient days;

(8) average length of stay;

(9) total outpatient visits;

(10) extracts of the following medical record information:

(a) patient date of birth;

(b) patient number;

(c) patient sex;

(d) patient county of residence;

(e) patient zip code;

(f) patient race;

(g) date of admission;

(h) source of admission;

(i) type of admission;

(j) discharge date;

(k) principal and up to four eight other diagnoses;

(l) principal procedure and date;

(m) patient status at discharge;

(n) up to four five other procedures;

(o) hospital identification number;

(p) principal source of payment; and

(q) total charges and components of those charges, including associated room and board units;

(r) patient medical record or chart number; and

(s) attending physician and primary surgeon.;

(t) patient name, patient social security number, and patient address; and

(u) external cause of injury code (E-code), as set forth in regulation.

Release must be made no less than semi-annually of the patient medical record information listed in this subsection to the submitting hospital and the information listed in items (10)(a) through (r) and (u) to the hospital's designee.

(G) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
In addition, the division shall collect data as recommended by the Health Care Planning and Oversight Committee pursuant to subsection (C) of this section and other data relative to the medically indigent population, including: demographic characteristics, economic status, utilization of health care services, and fluctuations in the population over time. These requirements are promulgated by regulations in accordance with the Administrative Procedures Act.

(B) It is the intent of the South Carolina Medically Indigent Assistance Act and of regulations promulgated pursuant thereto to protect the confidentiality of individual patient information, physician identifiers, and the proprietary information of hospitals. Only the data collected pursuant to the Health Care Planning and Oversight Committee recommendations, as provided in this section, may be collected, analyzed, and released to nongovernmental entities and individuals as directed by that committee. All other patient, physician, and hospital-specific information collected pursuant to subsection (A) of this section is confidential and must not be released to any nongovernmental entity or individual unless release is made of statistical information so that no individual patient, physician, or hospital can be identified, except that release must be made, no less than semi-annually, of the patient medical record information listed in Section 44-6-170(A)(10)(a)-(s) to submitting hospitals, and the information listed in Section 44-6-170(A)(10)(a)-(r) to the hospitals' designee. The information provided to any governmental agency as provided in this section must not be released pursuant to the Freedom of Information Act in the form in which it was provided to any other party. For purposes of this section, governmental agency does not include a governmental hospital.

(C) Because accurate, comparable data on the costs and usage of health care services is not currently available in South Carolina, it is extremely difficult to make careful policy choices for future health care cost management strategies. Neither the public sector nor the private sector purchasers of health care have available sufficient data to enable them to make informed choices among health care providers in the market place. The lack of a uniform system for the collection and analysis of data, and the lack of full participation by providers, purchasers, and payors has led to inadequate and unuseable data. In order to remedy this problem, it is necessary to create a uniform system for the collection, analysis, and distribution of health care cost data. The purposes of this data system are to insure that data is available to make valid comparisons of prices among providers of services and to support ongoing analysis of the health care delivery system. Accordingly, after receiving comments and recommendations from health care providers, consumers, and governmental agencies, the Health Care Planning and Oversight Committee shall recommend to the Division:

(1) the data elements to be collected and analyzed. These elements may include, but are not limited to, those already listed in subsection (A) of this section;

(2) the format in which the data may be released to the public; and

(3) the frequency with which the data should be collected and released on a routine basis.

(D) In addition to hospitals licensed by the Department of Health and Environmental Control, effective July 1, 1991, the provisions of this section apply to a hospital licensed in another state if the hospital does business in South Carolina. Information required by subsection (A)(1) through (9) of this section must be submitted for all patients. Information required by subsection (A)(7) of this section also must identify total patient days attributed to South Carolina residents. Information required by subsection (A)(10) of this section must be submitted only for residents of South Carolina. A hospital is considered to be doing business in this State if the hospital, or the firm, corporation, association, or partnership which owns or operates the hospital, either directly or through a subsidiary corporation, establishes a physical presence in this State by owning, leasing, subleasing, or by any other means arranges to provide space to engage in or transact activity for financial profit or gain."

SECTION 4. Section 44-6-180 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:

"Section 44-6-180. (A) Patient records, received by counties, the commission, or other entities involved in the administration of the program created pursuant to Section 44-6-150 are confidential. Patient records and physician and hospital identifiers gathered pursuant to Section 44-6-170 are also confidential. This information collected pursuant to Section 44-6-170(A)(10)(a)-(s) must not be released to nongovernmental entities or individuals unless release is made of aggregate statistical information so that no individual patient, physician, or hospital can be identified, except as provided in Section 44-6-170(C). Nothing in this subsection may be construed as limiting access to information needed by any governmental agency as provided in Section 44-6-170(B) or by the submitting hospitals or their designee as provided in Section 44-6-170(B). The division shall use patient-identifiable data collected pursuant to Section 44-6-170 for the purpose of linking various data bases to carry out the purposes of Section 44-6-170. Linked data files must be made available to those agencies providing data files for linkage. No agency receiving patient-identifiable data collected pursuant to Section 44-6-170 may release this data in a manner such that an individual patient or provider may be identified except as provided in Section 44-6-170. Nothing in this section may be construed to limit access by a submitting provider or its designee to that provider's information.

(B) Any A person violating the provisions of this section is guilty of a misdemeanor, and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."

SECTION 5. Section 44-6-200 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:

"Section 44-6-200. (A) Any A person who commits a material falsification of information required to determine eligibility for the Medically Indigent Assistance Program is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both.

(B) Any general hospital which materially falsifies information to seek reimbursement from the Medically Indigent Assistance Program must be fined not more than five thousand dollars.

(C) (B) Unless otherwise specified in this chapter, any an individual or facility violating any of the provisions of this chapter or a regulation under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for the first offense and not more than five thousand dollars for a subsequent offense."

SECTION 6. This act takes effect upon approval by the Governor; except, the reporting requirement in Section 44-6-170(F)(10)(u) takes effect October 1, 1994./

Amend title to conform.

Senator GIESE 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.

S. 537 -- Senators Stilwell, J. Verne Smith, Thomas and Leatherman: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

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

Senator STILWELL proposed the following amendment (S537.001):

Amend the bill, as and if amended, page 1, line 37, by deleting line 37 and inserting therein the following:

/ Loan Brokers of Mortgages on /

Amend the bill further, as and if amended page 2, line 12 by deleting line 12 and inserting therein the following:

/ household use primarily secured by a /

Amend the bill further, as and if amended, page 2, line 13 by deleting line 13 and inserting therein the following:

/ mortgage on residential real /

Amend the bill further, as and if amended, page 2, by deleting lines 5 through 8 in their entirety.

Amend the bill further, as and if amended, page 2, line 29, by adding the word / (ii) / after the word /3500.2(a)(16) /.

Amend the bill further, as and if amended, page 3, line 8, by deleting lines 8 through 15 in their entirety and inserting therein the following:

/ an instrumentality of them. /

Amend the bill further, as and if amended, page 3, line 21, by deleting lines 21 through 31 in their entirety and inserting therein the following:

/ (c) a person employed by an organization defined in subitem (a) of this item;

(d) a title company which is qualified to issue title insurance, directly or through its agents; /.

Amend the bill further, as and if amended, page 4, line 5, by deleting the word / owner / and inserting therein the word / seller /.

Amend the bill further, as and if amended, page 5, line 6, by deleting the word / capitalization / and inserting therein the word / bonding /.

Amend the bill further, as and if amended, page 6, line 44, by adding / , and the department must certify that it is in compliance with the Right to Financial Privacy Act / after the word / confidential /.

Amend the bill further, as and if amended, page 7, line 10, by adding the word / intentionally / before the word / misrepresent /.

Amend the bill further, as and if amended, page 7, line 27, by adding the word / conditional / after the word / a /.

Amend the bill further, as and if amended, page 7, line 30, by deleting line 30 and inserting therein the following:

/ mortgage loans authorized or allowed by FNMA, FHLMC, FHA, VA, or any additional fees allowed or authorized by the department; /.

Amend the bill further, as and if amended, page 8, line 17, by adding after the word / RESPA / the following:

/ Such disclosure is considered delivered when deposited with the United States Postal Service for first class delivery. /

Amend the bill further, as and if amended, page 9, line 32, by deleting lines 32 through 35 in their entirety and inserting therein the following:

/ (D) Any person violating any other provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not more than five hundred dollars or by imprisonment of not more than six months, or both, in the discretion of the court.

(E) Nothing in this chapter limits a statutory or common law right of a person to bring an action in a court for an act or the right of the State to punish a person for violating the law. /

Amend title to conform.

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

S. 537 -- Senators Stilwell, J. Verne Smith, Thomas and Leatherman: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

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

There was no objection.

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

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

H. 3903 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, RELATING TO LICENSING OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1620, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MACAULAY explained the Resolution.

H. 4161 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1993, AND ENDING JUNE 30, 1994.

On motion of Senator ELLIOTT, H. 4161 was ordered to receive a third reading on Thursday, May 13, 1993.

S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.

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 (17171AC.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 44-41-75. (A) Any facility in which five or more first trimester abortions are performed in a month must be certified by the department to operate as an abortion clinic.

(B) The department shall promulgate regulations concerning sanitation, housekeeping, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section."

SECTION 2. Section 44-41-10(d) of the 1976 Code is amended to read:

"(d) `Hospital' means those institutions licensed for hospital operation by the department in accordance with the provisions of Section 44-7-310 Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions."

SECTION 3. Section 44-41-70 of the 1976 Code is amended to read:

"Section 44-41-70. (a) The department shall promulgate and enforce rules and regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.

(b) The department shall promulgate and enforce rules and regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(b)."

SECTION 4. Section 44-93-100 of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"Section 44-93-100. All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with:

(1) the provisions of Section 44-93-90(A) of this chapter; and

(2) the management of the following infectious waste:

(a) sharps must be contained in rigid puncture-resistant containers and may be disposed of as other solid waste;

(b) cultures and human blood and blood products must be managed pursuant to this chapter and any regulations promulgated under this chapter;

(c) products of conception, meaning fetal tissues and embryonic tissues resulting from implantation in the uterus, must be managed in accordance with requirements for pathological waste pursuant to this chapter and any regulations promulgated under this chapter;

(c) (d) all other infectious waste may be disposed of as other solid waste."

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator GIESE explained the amendment.

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

H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.

Senator LANDER 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 second reading of the Bill.

Senator LANDER proposed the following amendment (WWW\30146DW.93), which was adopted:

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

/SECTION 1. Section 5-31-235 of the 1976 Code is amended to read:

"Section 5-31-235. (A) If the commissioners of public works unanimously, by resolution, petition the municipal council to abolish the commission, the municipal council may, after a public hearing, adopt an ordinance abolishing the commission of public works.

(B) The municipal council of any municipality shall, upon receiving a petition signed by thirty percent of the registered voters of the qualified voters of the municipality, call for a binding referendum to determine whether or not the Commission of Public Works must be abolished. The referendum must be held in accordance with the general election laws of this State. The question on the ballot must be as follows: `Shall the Commission of Public Works of the municipality of (name of the appropriate municipality) be abolished?'

(C) If a majority of the voters who vote in that referendum determines that the Commission of Public Works be abolished, then the municipal council shall adopt an ordinance abolishing the Commission of Public Works and the municipality shall assume all the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works. The Commission of Public Works shall cease to exist as of the date of the final passage of the ordinance abolishing it, and the municipality shall assume the rights, duties, responsibilities, assets, and liabilities of the former Commission of Public Works at the same instant. The referendum provided for in subsection (B), whether successful or unsuccessful, may not be conducted more often than every thirty-six months.

(D) As an alternative to the procedure provided in subsections (B) and (C), a commission of public works may be abolished by an affirmative vote of a majority of the members of the commission transferring the rights, duties, responsibilities, assets, and liabilities of the former commission to a municipality. The transfer is effective when the municipality adopts an ordinance accepting the transfer.

(E) The provisions of subsections (B), (C), and (D) of this section apply only to a municipality which has been created as a result of the consolidation of two or more municipalities."

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

Amend title to conform.

Senator LANDER 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 LANDER, with unanimous consent, H. 3800 was ordered to receive a third reading on Thursday, May 13, 1993.

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

S. 731 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-185 RELATING TO LICENSING OF BONA FIDE NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS UNDER SECTION 61-5-50 WHEN LOCATED EAST OF THE INTERCOASTAL WATERWAY IN A COUNTY WHERE THE ANNUAL ACCOMMODATIONS TAX COLLECTIONS EXCEED SIX MILLION DOLLARS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 4 (731R005.PPL) proposed by Senator LEVENTIS and previously printed in the Journal of Thursday, May 6, 1993.

Senator LEVENTIS spoke on the amendment.

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

Having voted on the prevailing side, Senator RICHTER asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 2 (731R002.LER), proposed by Senators RICHTER and CORK, (previously printed on May 6, 1993) was adopted on Thursday, May 6, 1993.

There was no objection.

On motion of Senator RICHTER, with unanimous consent, Amendment No. 2 was withdrawn.

Senator GREG SMITH proposed the following Amendment No. 5 (731R008.GS), which was adopted:

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

/ SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by adding:

"Section 61-5-185. Permits authorized by Section 61-5-180 must be issued to bona fide nonprofit organizations and business establishments licensed under Section 61-5-50 when located east of the intercoastal waterway in a county where the annual accommodations tax collections exceed six million dollars, and in any land area between the intracoastal waterway and the Atlantic Ocean located in a county contiguous to such county, upon application and payment of the filing and permit fees.

Permits authorized by this section may be issued only in the unincorporated area of a county where a majority of the qualified electors of that area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures have been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Alcoholic Beverage Control Commission. The question on the ballot shall read substantially as follows: "Shall the Alcoholic Beverage Control Commission be authorized to issue temporary permits in the (portion of the unincorporated area of the county) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?"

A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."

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

Renumber sections to conform.

Amend title to conform.

Senator GREG SMITH explained the amendment.

Senators MACAULAY and RICHTER argued contra to the adoption of the amendment.

The amendment was adopted.

Senator RANKIN proposed the following Amendment No. 6 (731R009.LAR), which was adopted:

Amend the bill, as and if amended, by adding after SECTION 1, an appropriately numbered SECTION to read:

/ SECTION . If any provision or clause of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable. /

Amend title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

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:

Cork Courtney Elliott
Ford Giese Glover
Holland Jackson Land
Leventis Martin McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Peeler Rankin Richter
Rose Short Smith, G.
Waldrep Williams Wilson

Bryan Courson Drummond
Gregory Hayes Lander
Macaulay Reese Russell
Ryberg Setzler Thomas

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 ADJOURNED DEBATE.

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

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

On motion of Senator MOORE, with unanimous consent, the Bill was placed in the order of business on the third reading contested statewide Calendar.

S. 521 -- Senators McConnell, Ford, Courtney, Greg Smith, Martin, Passailaigue and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".

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

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

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 LAND, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.

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

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

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.

On motion of Senator MOORE, with unanimous consent, the Joint Resolution was removed from the status of Chairmen's Committee Special Order and ordered placed in the regular Special Order status.

S. 339 -- Senators Giese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.

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

On motion of Senator GIESE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

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

Reappointment, Member, South Carolina Aeronautics Commission, with term to expire May 4, 1997:

2nd Congressional District:

Mr. Jimmie L. Hamilton, P.O. Box 5775, Columbia, S.C. 29250

On motion of Senator BRYAN, with unanimous consent, the following appointment was rejected and ordered returned to the Governor:

Mrs. Alecia K. Tate as Probate Judge for Laurens County.

MOTION ADOPTED
On motion of Senator MITCHELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Belton Oswald "Tommy" Thomason, Jr. of Greenville, S.C.

MOTION ADOPTED
On motion of Senator RICHTER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Roger Allen Young, husband of Representative Annette Young, from Summerville, S.C.

At 12:55 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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