Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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 words recorded in the Book of Job, Chapter 33 (vv.14-18) in The Living Bible, paraphrased:

"For God speaks again and again...

He opens their ears... and gives

them wisdom and instruction, causing

them to change their minds, and keep-

ing them from pride... and keeping

them from falling into some trap."
Let us pray.

Lord God... the God of Job and of us: keep us humble in our judgments!

In the light of Your Divine Majesty we realize our weakness, our finiteness, our need, and our fallibility!

In the light of Your Holiness, we acknowledge our imperfections.

You have not sent visible angels in our time to do Your work in our world. It appears that there are no hands but human hands, no minds but human minds, perhaps our own, to do Your Will in the world.

You have called us to work in Your garden today. Use us, earthen vessels though we are, to do some good this day... in the Name of the God of Job.

Amen.

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

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

The Senate resumed.

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

At 10:45 A.M., Senator LANDER requested a leave of absence from 12:15 - 4:00 P.M.

At 10:45 A.M., Senator MOORE requested a leave of absence until 12:30 P.M.

Columbia, S.C., May 20, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that a message having been received from the Senate that if it had receded from its amendments, it was ordered that the title of the Joint Resolution be changed to that of an Act and that the Act be enrolled for ratification:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 19, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being the concurrence or nonconcurrence in the House amendments.

Senator SETZLER proposed the following amendment (EDU329.020), which was adopted:

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

/ Whereas, the national education goals call for all children to be ready for school by the year 2000; and

Whereas, those goals also call for all students to have mastered challenging subject matter by grades 4, 8, and 12 and for a ninety percent high school graduation rate; and

Whereas, those goals can only be attained in South Carolina through a concerted effort to ensure that children enter school with a firm foundation of support for learning, and that once in school they receive the assistance they need to move from grade to grade with their peers; and

Whereas, the Education Improvement Act of 1984 and Target 2000 have allowed South Carolina to move forward toward those goals and experience with the EIA has shown a need for even greater emphasis on the act's purposes of preparation for school and assistance to students with academic difficulties that is flexible and maintains them on grade level. Now, therefore,

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

SECTION 1. Title 59 of the 1976 Code is amended by adding:

Section 59-139-05. (A) This act is known and may be cited as the Early Childhood Development and Academic Assistance Act of 1993.

(B) It is the purpose of the General Assembly in this act:

(1) to place an emphasis on early childhood education and prevention while promoting assistance for students at every grade level which is more flexible and tailored to individual needs and learning styles;

(2) to focus the state's resources on academic success and prevention of academic problems;

(3) to establish the expectation that by providing extra assistance and learning time that enables young students to attain essential skills and success all children will be prepared for the fourth grade and all students will graduate from high school with their peers;

(4) to promote the advancement of developmentally appropriate curriculum and coordinated programs from preschool through grade three which are supportive of the curriculum for grades four through twelve; and

(5) to allow districts and schools greater flexibility in providing targeted, coordinated programs of student assistance.

Section 59-139-10. Beginning in fiscal year 1995-96 in the annual general appropriations act, the General Assembly shall determine an appropriation level for the academic assistance initiative. The State Board of Education through the Department of Education shall promulgate regulations to implement a system to provide a pro rata matching of the weighted pupil units pursuant to Section 59-20-40 to the pupils in the districts of the State who are in:

(1) kindergarten through grade three who are eligible for the federal free- and reduced-price lunch program at a weight of .26;

(2) grades four through twelve who score below minimum basic skills act standards in reading, mathematics, or writing, or their equivalent, at a weight of .114.

Funds generated by kindergarten through grade three students must be used by the districts and schools to provide to any student in these grades needed academic assistance. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by each student. Based upon the district and school plans provided for in Section 59-139-20, a portion of these funds may be used to support other components of the early child development initiative in order to better prepare children for entering school. Further, districts may request a waiver from the State Board of Education to use a portion of the funds generated by students in kindergarten through grade three for students in grades four through twelve, if such a change promotes better coordination of state and federal funds provided for programs for these children.

Funds generated by students in grades four through twelve must be used to provide any student with needed academic assistance with an emphasis on assistance at the time of need and on accelerating the progress of students performing below their peers. The assistance may be for short, intensive periods or for longer, on-going assistance as needed by the student. Enhanced opportunities for learning must be emphasized. In reviewing the districts' plans, provided for in Section 59-139-20, the State Board of Education shall stress district and school flexibility in addressing student needs.

Section 59-139-20. (A) The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop and implement regulations requiring that beginning in school year 1993-94 and continuing through school year 1994-95, each school district, in coordination with its schools, and each school in the district shall design a comprehensive, long-range plan with annual updates to carry out the purposes of this chapter. To that end, the plans shall:

(1) establish an early childhood initiative which integrates the planning and direction of the half-day program for four-year-olds, established in Section 59-19-65, the parenting program, established in Section 59-1-450, school practices in kindergarten through grade three, and any other federal, state, or district programs for preschool children in the district in order to better focus on the needs of this student population;

(2) develop an academic assistance initiative to support students with academic difficulties in grades four through twelve with academic difficulties so they are able to progress academically and move through school with their peers; and

(3) provide staff training, upon appropriation of funds by the General Assembly for this purpose, to prepare and train teachers and administrators in the teaching techniques and strategies needed to implement the district and school plan.

(B) The State Board of Education, through the Department of Education, shall establish criteria by regulation for the comprehensive plan and the annual updates to be prepared by each district and school so that the plans address, but are not limited to, the interrelationship of the various components of the early child development initiative and the academic assistance initiative, strategies to be implemented for expanding and improving early child development activities, plans for accelerating the performance of students performing below their peers, methods of assessing the efficacy of these strategies, and the coordination of the strategies with federally funded programs. However, in every instance, district and school plans should be derived from strategies found to be effective in education research.

The plans must contain performance goals, interim performance goals, and time lines for progress. The methods of assessing the efficacy of the strategies must provide data regarding the impact of the strategies and whether they should be continued, modified, or terminated.

(C) The design for the early child development initiative must include:

(1) the formation and implementation of the parenting/family literacy component which addresses, but is not limited to, collaboration in each district with health and human service agencies, and adult education programs, as well as the other components of the early child development initiative;

(2) the development and implementation of a developmentally appropriate curriculum from early childhood education through grade three. Options available to districts and schools to address student needs include, but are not limited to: tutorials, multi-age grouping for four- and five-year-olds, reduction in kindergarten pupil-teacher ratios, expanded kindergarten day, multi-age grouping in the primary grades, assistance after school hours, on weekends, or in summer programs, additional slots in the half-day program, and programs for three-year-olds; and

(3) the establishment of activities for assisting children and their parents with the transitions between the various levels of schooling and phases of education.

(D) The design for the academic assistance component must address alternatives to year-long and pull-out remediation of students. Options available to districts and schools include, but are not limited to: tutorials, class acceleration, extended day programs, and summer assistance. Districts and schools may choose to target resources in certain grade levels or areas of learning but must have academic assistance plans both for preschool through grade three and for grades four through twelve.

(E) The school improvement council established in Section 59-20-60 shall assist in the development of the school plan required by this section and the plan and the annual updates must be a part of the school improvement report.

(F) Districts desiring to use the funds available to begin implementing an early childhood initiative and the academic assistance initiative for school year 1993-94 or for 1994-95 may request approval from the State Board of Education and for needed waivers from regulation, if the district has implemented a planning process consistent with the intent of this chapter and the district plan meets the criteria established for this section.

Section 59-139-30. By December, 1993, the State Board of Education, through the Department of Education and in consultation with the Select Committee, shall develop criteria for the monitoring of the district and school plans and the implementation of the plans required in this chapter.

Section 59-139-40. By September, 1993, the Department of Education, in consultation with the State Board of Education and the Select Committee, shall develop a written plan outlining the process for providing technical assistance to districts in designing their overall plans and implementing those plans, including compiling and disseminating research on effective practice and contracting with recognized groups for providing expertise to the districts and schools in the areas addressed by this chapter.

Section 59-139-50. The State Board of Education, through the State Department of Education and in consultation with the Select Committee, shall establish an assessment system to evaluate the degree to which the purposes of this chapter are met. To that end, the State Board of Education, through the Department of Education shall:

(1) develop or adapt a developmentally appropriate assessment program to be administered to all public school students by the end of grade three that is designed to measure a student's strengths and weaknesses in skills required to perform academic work considered to be at the fourth grade level. Information on each student's progress and on areas in need of improvement must be provided to the student's parent and fourth grade teacher. Aggregated information on student progress must be given to the students' kindergarten through third grade schools so that deficiencies in the schools' academic programs can be addressed;

(2) review the performance of students on the eighth grade basic skills assessment test and performance on the exit examination pursuant to Section 59-30-10, or their equivalent, for progress in meeting the skill levels required by these examinations. Student data must be aggregated by the schools the students attended so that programs' deficiencies can be addressed;

(3) review the data on students overage for grade in each school at grades four and nine;

(4) monitor the performance of schools and districts so that continuing weaknesses in the programs preparing students for the fourth grade, ninth grade, and exit examination shall receive special assistance from the Department of Education; and

(5) propose other methods or measures for assessing how well the purposes of this chapter are met.

Section 59-139-60. The half-day program for four-year-old children established in Section 59-19-340, must be maintained at no less than the 1993-94 level in each school district as funded by the General Assembly.

Section 59-139-70. If a review of a district's comprehensive plan indicates the goals and time lines established by the district are not being met, the Department of Education, after consultation with the district's administration, shall provide targeted technical assistance. If after two consecutive years, the district is not making progress toward achieving its goals, the State Board of Education, through the State Department of Education, shall enter into a partnership with the district board of trustees to review implementation of the district's comprehensive plan, make recommendations for improvement, and provide assistance in implementing the recommendations.

SECTION 2. Section 59-1-450 of the 1976 Code is amended to read:

"Section 59-1-450. Upon the appropriation of funds by the General Assembly for this purpose, the State Department of Education is directed to review programs which are effective in providing The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall promulgate regulations for establishing parenting/family literacy programs to support parents support in their role as the principal teachers of their preschool children. The purpose of the review is for the State Board of Education to select or adapt a program or programs, after consultation with the Select Committee, for pilot testing in South Carolina during 1989-90 and 1990-91. The selected or adapted The programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.

After pilot testing, the The State Board of Education, through the Department of Education and after consultation with the Select Committee, shall promulgate regulations to implement parent education parenting/family literacy programs in all school districts or consortia of school districts. Implementation of the programs in the districts must be phased in over three years. Priority must be given to serving those parents whose children are considered at-risk for school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, those parenting programs funded under the Target 2000 Act shall receive priority in funding for fiscal years 1993-94 and 1994-95 and must be funded at no less than the level received in fiscal year 1992-93 contingent upon their agreeing to provide technical assistance to other districts and schools planning and implementing parenting/family literacy programs in concert with the Department of Education's technical assistance process required in this chapter.

Beginning in fiscal year 1995-96 for districts with Target 2000 Act parenting programs and in fiscal year 1993-94 for all other school districts and district consortia, funding must be allocated to districts and consortia serving more than two thousand five hundred pupils on a base amount of not less than forty thousand dollars with any additional appropriation to be distributed based on the number of free- and reduced-price lunch-eligible students in grades one through three in a district or consortium relative to the total free- and reduced-price lunch-eligible students in grades one through three in the State. each school district must be allocated an amount determined by computing the percentage of all families with children ages birth through five years served statewide as compared with those families who are served by the school district and multiplying this percentage by the total statewide appropriation for the program.

The programs developed in each district and consortium may draw upon lessons learned from parenting programs funded under this section during 1992-93.

An evaluation of the programs pilot-tested shall be provided by March 1, 1991, and of all implemented programs by December first annually thereafter to the Select Committee and Business-Education Subcommittee.

Regulations of the State Board of Education causing parent education programs to be implemented in the school districts must allow districts to develop or select an alternative program for implementation in the district, if the program meets criteria for initial approval by the board. The board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the program which is acceptable to the board or its designee. To continue to use an alternative program, a school district must demonstrate the success of the program in accordance with the approved evaluation component. A school district using an alternative program must receive an allocation from the appropriation by the General Assembly for this program which is equal to the allocation the district would receive if the district used the program or programs selected or adapted by the board.

The State Board of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department of Health and Environmental Control, Department of Social Services, and Health and Human Services Finance Commission, and with adult education and early childhood specialists. In developing the regulations, the State Board and State Department of Education shall consider the guidelines developed for the Target 2000 Act parenting programs and any available evaluation data.

By December, 1993, the Chairman of the Human Services Coordinating Council shall convene a committee consisting of supervisors of programs dealing with early childhood and parenting from the Department of Education, Department of Health and Environmental Control, the Department of Social Services, and the Health and Human Services Finance Commission; at least one representative from each of these agencies who administer these programs at the county and district level; and adult education and early childhood specialists. The Executive Director of the Finance Commission shall chair this committee. By July 1, 1994, this committee shall report to the Select Committee and the Joint Committee on Children ways to better coordinate programs for parenting and literacy and recommend changes to each agency's state regulations or provisions of law which would better promote coordination of programs. The Department of Health and Environmental Control, the Department of Social Services, and the Health and Human Services Finance Commission shall direct their employees at the county and district levels to cooperate with school district officials in establishing parenting/family literacy programs."

SECTION 3. Section 59-5-65(8) of the 1976 Code is amended to read:

"(8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. These programs must be developed in consultation with the Interagency Coordinating Council on Early Childhood Development and Education. The Interagency Coordinating Council shall consult with the Advisory Committee for Early Childhood Education in developing proposals to submit for State Board of Education consideration. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures. the readiness test and the BSAP tests administered in grades 1, 2, and 3. The Governor shall initiate the development of a state plan on early childhood development and education to assist the state in providing appropriate services for preschool children. This plan must be completed by July 1, 1985.

School districts without an early childhood development program during the 1988-89 school year may obtain a waiver from the regulation requiring provision of a program. The waiver may be granted by the State Board of Education for one year, if a school district is unable to implement a program because of unavailability of classroom space and other facilities, including appropriate facilities which may be rented by the school district at a reasonable fee. School districts which are unable to implement a program because of a lack of district facilities may use a portion of the district's allocation under this program to rent appropriate space for one year. The portion of the district's allocation which may be used for rent must be determined by the State Board of Education in conjunction with the School Board of Trustees."

SECTION 4. Section 59-20-40(1)(c) of the 1976 Code is amended to read:

"(1)(c) Weightings, used to provide for relative cost differences, between programs for different students are established in order that funds may be equitably distributed on the basis of pupil needs. The criteria for qualifications for each special classification must be established by the State Board of Education according to definitions established in this article and in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, and 59-53-1900. Cost factors enumerated in this section must be used to fund programs approved by the State Board of Education. Pupil data received by the Department of Education is subject to audit by the department. Cost factors or weightings are as follows:

Pupil Classification Weightings

(1) Kindergarten pupils 1.30

(2) Primary pupils (grades 1

through 3) 1.24

(3) Elementary pupils (grades

4 through 8) -- base

students 1.00

(4) High school pupils (grades 9

through 12) 1.25
Special Programs for Exceptional

Students Weightings

(5) Handicapped 1.74

a. Educable mentally

handicapped pupils

b. Learning disabilities pupils

(6) Handicapped 2.04

a. Trainable mentally

handicapped pupils

b. Emotionally handicapped pupils

c. Orthopedically handicapped pupils

(7) Handicapped 2.57

a. Visually handicapped pupils

b. Hearing handicapped pupils

(8) Speech handicapped pupils 1.90

(9) Homebound pupils 2.10
Vocational Technical Programs Weightings
(10) Pre-vocational 1.20
(11) Vocational 1.29
Add-on Weights for Compensatory and Remediation Early Childhood Development and Academic Assistance Weightings
(12) Grades 1-6 Compensatory

Early Childhood Development 0.39 0.26
(13) Grades 2-6 Remediation

Academic Assistance 0.10 0.114
(14) Grades 7-12 Remediation 0.12
Adult Education
(15) (14) Adult education 0.15

Each student in the State must be counted in only one of the first eleven pupil classifications. Students shall generate funds for early childhood development and academic assistance in accordance with Section 59-139-10. Students determined to need compensatory instruction and remediation must be counted additionally under the twelfth through fourteenth classification. If a student is determined not to meet minimum standards in reading, mathematics, or writing of the Basic Skills Assessment Act or is "not ready" for first grade, and qualifies under state department regulations, a pupil may be counted once for each area for the purposes of calculating the district's remedial weighted pupil units. The State Board of Education must determine the qualifications for each classification in accordance with Sections 59-21-510, 59-35-10, 59-53-1860, 59-53-1900, and Chapter 30 of this title. The program for each classification must meet specifications approved by the State Board of Education.

School districts may count each student who is instructed at home under the provisions of Section 59-65-40 in the district's weighted pupil units at a weighting of .25 for supervising, overseeing, or reviewing the student's program of home instruction. No local match is required for students instructed at home under the provisions of Section 59-65-40."

SECTION 5. Section 59-3-90 of the 1976 Code is amended to read:

"Section 59-3-90. During the 1984-85 1993-94 school year the State Department of Education shall develop or select provide recommendations and assist districts in conducting in-service training programs for teachers based on the findings and research it derives from the study of effective schools and classrooms and from district plans developed in accordance with Section 59-139-20. All of the school districts of this State must have implemented the in-service an on-going, long-range professional development training programs in support of effective schools and classrooms and as indicated by district plans no later than by the 1986-87 1994-95 school year."

SECTION 6. Section 59-19-340 of the 1976 Code is amended to read:

"Section 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before November first of the applicable school year in child development programs. The board of trustees of school districts having may establish and provide programs serving three- and four-year-olds on the date of enactment of this section may continue to serve three-year-old four-year-old children."

SECTION 7. Section 59-20-60 of the 1976 Code is amended to read:

"Section 59-20-60.(1) School districts shall give first spending priority of funds allocated under this chapter to full implementation of the defined minimum program.

(2) The State Board of Education shall audit the programmatic and fiscal aspects of this chapter, including the degree to which a school meets all prescribed standards of the defined minimum program, and shall report the results in the Annual Report of the State Superintendent of Education. Schools which have been classified as `dropped' by the defined minimum program accreditation procedures shall are not be eligible for funding in the following fiscal year until an acceptable plan to eliminate the deficiencies is submitted and approved by the State Board of Education.

(3) Each school district board of trustees shall cause the district and each school in the district to prepare an annual written report develop comprehensive five-year plans with annual updates to be known as the school improvement report outline the District and School Improvement Plans. The reports shall focus on factors found by research to be effective in improving schools, these factors to be prescribed by regulation of the State Board of Education. The State Board of Education shall prescribe the format of the reports and the manner in which they must be developed and submitted. Districts which have not begun a strategic planning cycle must do so and develop a plan no later than the 1994-95 school year. Districts which have undertaken such a planning process may continue in their planning cycle as long as the process meets the intent of this section and the long-range plans developed or under development can be amended to encompass the requirements of this section. For school years 1993-94 and 1994-95, districts may submit either the improvement plan consistent with State Department guidelines or their five-year comprehensive plan.

The State Board of Education shall recommend a format for the plans which will be flexible and adaptable to local planning needs while encompassing certain state mandates. All district and school plans must be reviewed and approved by the board of trustees. The district plan should integrate the needs, goals, objectives, strategies, and evaluation methods outlined in the school plans. Staff professional development must be a priority in the development and implementation of the plans and must be based on an assessment of needs. Long- and short-range goals, objectives, strategies, and timelines need to be included.

An annual district programmatic report to the parents and constituents of the school district must be developed by the local school board. Each report shall include the goals and objectives of the school district, the strategies implemented to meet the goals and objectives, and an evaluation of the outcomes. An annual school report to the parents and constituents of the school must be developed by the School Improvement Council and shall provide information on the school's progress on meeting the school and district goals and objectives. These reports shall be provided by November fifteenth of each year.

Each school board of trustees shall establish an improvement council at each school in the district and this council is to be involved in improvement and innovation efforts at the school. The council shall be composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons elected appointed by the principal. The elected members of the council shall comprise at least a two-thirds majority of the elected and appointed membership of the council. The council should also include ex officio members such as the principal and others holding positions of leadership in the school or school organizations, such as parent-teacher groups, booster clubs, and federal program advisory groups. The councils must be constituted in each school no later than January 1, 1978. Each council shall assist in the preparation of the annual school improvement report five year plan and annual updates required in this section, assist with the development and monitoring of school improvement and innovation, provide advice on the use of school incentive grant awards, and provide assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council shall have has any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this item subsection, when an area vocational center's establishes a local school improvement council, it must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to these councils.

In order to provide additional accountability for funds expended under the Education Finance Act and the Education Improvement Act statutory requirements, the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms must be staggered and initially determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. The elections must be organized to ensure that every parent and faculty member has an opportunity to vote each year. Within thirty days following the election, the names, addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community must be forwarded provided to the State Department of Education School Improvement Council Assistance at the University of South Carolina for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school.

(4) Each school district board of trustees shall:

(a) Review each school improvement plan and the annual updates for integration with district plans and objectives and school progress in meeting those goals and objectives.

(a) Prepare a written appraisal of the school improvement plan of each school with emphasis on needs, goals, objectives, needed improvements, and plans for the utilization of resources.

(b) cause to be prepared an annual written report to account for funds expended in each pupil classification as prescribed by the State Board of Education.;

(c) participate in the statewide testing program, which must include nationally normed achievement tests, as prescribed by the State Board of Education.;

(d) maintain an ongoing systematic evaluation of the educational program needs in the district and shall develop a comprehensive annual and long-range plan for meeting these program needs. These plans shall include an assessment of needs. At minimum, the process of assessing needs and establishing goals and objectives shall must be carried out for each of the program classifications specified in Section 59-20-40(1)(c). Each school district board of trustees shall develop and execute a method of evaluating the extent to which the goals and objectives specified in its comprehensive plan are being achieved and shall annually report the results of its evaluation to the people of the school district and to the State Board of Education.

(e) provide a program for staff development for all educational personnel on an annual and long-range basis. A portion of the funds in the foundation program shall must be used for this staff development that may include, but not be limited to:

(1) college courses in education, subject area of certification or management;

(2) teaching center offerings;

(3) State Department of Education workshops; and

(4) district-wide or in-school training for the purpose of fostering professional growth or improving the competency of all educational personnel.

(f) in accordance with the format approved by the State Board of Education, annually submit to the State Board of Education and to the people of the district that district's fiscal report. Each school district shall annually submit to the State Board of Education and to the people of the district that district's programmatic report including results of the required testing program, the annual long-range plan, and the evaluation of program effectiveness by November fifteenth of each year.

(5) The State Department of Education shall:

(a) receive and review the summary report from each school. develop, by September, 1993, a plan for offering help to districts and schools in designing and implementing the district and school comprehensive improvement plan;

(b) develop, by December, 1993, with approval by the State Board of Education, criteria for monitoring the district and school plans;

(b) (c) review each district's annual fiscal report, annual and long-range plan, and its evaluation of programmatic effectiveness. On the basis of this review the department shall provide information in a published report to the local school board of trustees, the Superintendent and other administrative personnel of the district for improvement in the program and in correcting the deficiencies discovered.;

(c) (d) provide assistance to school districts in improving the programs, correcting the deficiencies, and in carrying out its staff development program.

(d) (e) develop or select and field test a competency based student assessment program in the basic skill areas of reading and mathematics utilizing criterion reference tests.;

(e) (f) prepare an annual fiscal and programmatic report to the Governor and the General Assembly beginning the second fiscal year of the operation of this chapter and each year thereafter to assess compliance with the provisions of this chapter and to make recommendations concerning necessary changes in this chapter.;

(f) (g) in compliance with the intent of the chapter, waive the prescribed reporting practices if deemed considered necessary by the State Board of Education and authorize the substitution of alternate reporting practices which accomplish the objectives implied in this section. This waiver shall may not be utilized to avoid full accountability and implementation of this chapter. The State Department of Education shall report in the superintendent's annual report all waivers granted under this section.

(g) adjust periodically the DMP accreditation standards to reflect the funding levels appropriated under the chapter, consistent with the basis utilized by the General Assembly in establishing the base student cost.

(6) The Legislative Audit Council shall make sample audits beginning the second fiscal year of the operation of this chapter and each year thereafter audit to assess compliance with the provisions of this chapter as requested by the General Assembly. On the basis of these audits, the Legislative Audit Council shall make recommendations to the General Assembly concerning necessary changes in this chapter.

(7) A twelve member Education Finance Review Committee shall must be established to advise the General Assembly and review its implementation of the provisions of this chapter. Such This advice and review may include, but not be limited to:

(a) the cost of the defined minimum program;

(b) provisions included in the defined minimum program;

(c) the pupil classification weights in Section 59-20-40;

(d) the formula for computing required local effort;

(e) the ongoing evaluation of the education program needs of the school districts.

The committee shall must be made up of three representatives from each of the following committees of the General Assembly--Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means--appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations."

SECTION 8. Section 59-5-65 of the 1976 Code is amended by deleting item (9).

SECTION 9. Section 59-20-40 of the 1976 Code is amended by deleting item (7).

SECTION 10. Sections 59-65-410 through 59-65-460 of the 1976 Code are repealed.

SECTION 11. This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator SETZLER explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

H. 3255 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 9, TITLE 50 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH A HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1979, ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND PROVIDE A PENALTY FOR VIOLATIONS.

Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

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

Senators CORK, SHORT and WALDREP proposed the following amendment (N05\7285BD.93), which was adopted:

Amend the bill, as and if amended, Article 2, Chapter 9 of Title 50, SECTION 1, by inserting at the end:

/Section 50-9-90. Lifetime hunting and lifetime combination licenses may be issued to persons required to be certified who have not completed the hunter education program pursuant to Section 50-9-70. However, a license issued under this section does not authorize the person to hunt until the program is completed. The requirements of this section do not apply to persons who purchased a lifetime hunting or lifetime combination license before its effective date.

Section 50-9-100. A certificate of completion is not required for a hunting license to be used solely for hunting game on a specific shooting preserve of over ten thousand contiguous acres and including onsite hunting instruction and supervision provided for in Article 7, Chapter 11 of Title 50. A license issued under this section must be marked clearly by the authorized hunting license agent from which it is bought as being valid only on that specific preserve./

Amend title to conform.

Senator HOLLAND 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 HOLLAND, with unanimous consent, H. 3255 was ordered to receive a third reading on Friday, May 21, 1993.

H. 3506 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-65 SO AS TO DEFINE THE TIME FOR THE APPEAL OF AD VALOREM PROPERTY TAX ASSESSMENTS FOR CERTAIN PERSONAL PROPERTY.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

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

H. 3589 -- Rep. Kirsh: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUDIT STANDARDS FOR THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO DELAY THE IMPLEMENTATION DATE FROM THE 1993 TAX YEAR TO JULY 1, 1994, AND TO CLARIFY THAT THE STANDARDS APPLY ON A FISCAL YEAR RATHER THAN A TAX YEAR BASIS.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

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

H. 3609 -- Rep. Kirsh: A BILL TO REPEAL SECTIONS 4-13-110, 11-3-180, 12-37-60, 12-37-630, 12-37-640, 12-37-650, 12-37-660, 12-37-770, 12-37-790, 12-37-880, 12-37-2700, 12-39-70, 12-39-80, 12-39-90, 12-39-110, 12-39-130, 12-39-230, 12-39-240, 12-39-300, 12-39-330, 12-45-50, 12-45-100, 12-45-110, 12-45-130, 12-45-190, 12-45-200, 12-45-210, 12-45-240, 12-45-250, 12-45-290, 12-45-330, 12-45-350, 12-45-370, 12-45-380, 12-47-20, 12-47-30, AND CHAPTER 55 OF TITLE 12 ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO OBSOLETE FUNCTIONS OF COUNTY TREASURERS AND AUDITORS, THE COMPTROLLER GENERAL, AND OUTDATED AD VALOREM TAX PROVISIONS.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

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

H. 4012 -- Rep. Farr: A JOINT RESOLUTION TO PROVIDE THAT INDIVIDUALS RESIDING IN CERTAIN RESIDENTIAL CARE FACILITIES MAY QUALIFY FOR A SUPPLEMENT UNDER THE DEPARTMENT OF SOCIAL SERVICES GENERAL ASSISTANCE PROGRAM IF THEY OTHERWISE QUALIFY EXCEPT FOR INCOME REQUIREMENTS OR THE TYPE OF FACILITY IN WHICH THEY RESIDE.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.

There was no objection.

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

On motion of Senator DRUMMOND, the Resolution was read the second time and ordered placed on the third reading Calendar.

On motion of Senator PEELER, with unanimous consent, H. 4012 was ordered to receive a third reading on Friday, May 21, 1993.

The following were introduced:

S. 788 -- Senator Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE FOR RESTRICTIONS, NO WAKE ZONES, PENALTIES, AND FINE DISBURSEMENTS FOR WATERCRAFT ON LAKE MURRAY.

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

S. 789 -- Senators Rose and Richter: A BILL TO AMEND SECTION 16-3-26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF COUNSEL AND INVESTIGATIVE EXPERTS IN CAPITAL CASES, BY ADDING SUBSECTION (D) SO AS TO PROVIDE THAT THE CHIEF JUSTICE OF THE SUPREME COURT SHALL BE REQUIRED TO MAKE AN ANNUAL WRITTEN ACCOUNTING TO THE GENERAL ASSEMBLY OF THE CASES IN WHICH SUCH APPOINTMENTS WERE MADE, THE NAMES OF THE JUDGES MAKING THE APPOINTMENTS, THE NATURE OF THE SPECIFIC SERVICES PROVIDED, THE SPECIFIC PURPOSE FOR WHICH SUCH SERVICES WERE ORDERED, AND THE TOTAL COSTS THEREOF.

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

S. 790 -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-280, SO AS TO PROVIDE THAT REAL ESTATE TRUST FUNDS MAY BE PLACED IN INTEREST-BEARING ACCOUNTS, THAT INTEREST EARNED SHALL BELONG TO THE OWNER OF THE FUNDS UNLESS OTHERWISE AGREED TO IN WRITING, THAT SUCH WRITING SHALL BE A SEPARATE DOCUMENT STATING THAT THE OWNER OF THE FUNDS HAS BEEN INFORMED THAT INTEREST EARNED ON HIS FUNDS SHALL ACCRUE TO HIS BENEFIT BUT THAT THE OWNER DESIRES THE INTEREST TO GO TO ANOTHER PARTY, AND THAT THIS REQUIREMENT SHALL NOT APPLY TO RENTAL MONIES WHERE THOSE MONIES ARE SUBJECT TO THE SALES TAX ON ACCOMMODATIONS.

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

H. 4206 -- Reps. J. Wilder, Baxley, Walker and Shissias: A CONCURRENT RESOLUTION TO COMMEND THE GOVERNOR'S OFFICE AND THE STATE BUDGET AND CONTROL BOARD, DIVISION OF RESEARCH AND STATISTICAL SERVICES, FOR THEIR EFFORTS IN THE GOVERNOR'S HEALTH POLICY AND DATA INTEGRATION PROJECT AND TO DEMONSTRATE SUPPORT OF PHASE II OF THIS PROJECT.

Whereas, the General Assembly recognizes that health care and its financing will be one of the major issues facing the State during the next decade; and

Whereas, the General Assembly recognizes the need for effectively integrating health policymaking and quality health data as the State begins molding and shaping its health care delivery system to be both responsive and affordable; and

Whereas, the General Assembly desires to create a climate of competitiveness for the state's health providers and business communities while at the same time affording South Carolinians access to affordable and quality health care; and

Whereas, the State Budget and Control Board, Division of Research and Statistical Services, was created in 1950 and charged with gathering, analyzing, and publishing data vital to the social, health, and economic well-being of South Carolina; and

Whereas, the division has become well-credentialed in the area of health statistics and research since 1975 by building health data systems for both public and private sector use in South Carolina; and

Whereas, the division has been nationally recognized for its extensive hospital discharge data system, for its health manpower, health education, and health facilities data systems, and for its ambulatory medical care data system, as well as for other data systems efforts; and

Whereas, through the efforts of Phase I of the Governor's Health Policy and Data Integration Project, funded by the Robert Wood Johnson Foundation, the State has developed a health statistics systems improvement plan based on the identification of priority health issues to assist the many public and private policy makers within the State in addressing their health care concerns, including legislators, state agencies, and the private sector; and

Whereas, participation in Phase II of this project should be vigorously pursued by the Governor's office in that the results of Phase II will enhance significantly the state's ability to produce data that will be critical to the state's future health policy development. Now, therefore,

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

That the members of the House of Representatives and the Senate commend the Governor's office and the State Budget and Control Board, Division of Research and Statistical Services, for their outstanding efforts in Phase I of the Governor's Health Policy and Data Integration Project and strongly support and encourage the Phase II Project implementation efforts which will assist policymakers in addressing the state's health care needs.

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

H. 4222 -- Reps. Sheheen, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JOE PINNER, ONE OF THE MOST RECOGNIZED AND BELOVED MEDIA FIGURES IN SOUTH CAROLINA, ON COMPLETION OF THIRTY YEARS' SERVICE WITH WIS-TV IN COLUMBIA AND WISHING HIM CONTINUED SUCCESS IN AN OUTSTANDING CAREER IN BROADCASTING.

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

H. 4223 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND MR. ARTHUR MAGILL OF GREENVILLE FOR HIS OVERWHELMING GENEROSITY AND HIS OUTSTANDING CONTRIBUTIONS TO CIVIC AND COMMUNITY EFFORTS THAT HAVE GREATLY ENHANCED AND BROADENED THE LIVES OF THE PEOPLE OF GREENVILLE AND ALL SOUTH CAROLINIANS.

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

H. 4192 -- Reps. Wright, Gamble and Spearman: A BILL TO ABOLISH THE LEXINGTON COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES ON THE RESPECTIVE SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY.

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

H. 4170 -- Reps. Sheheen, Delleney, Fulmer, Harrison, McElveen and McTeer: A CONCURRENT RESOLUTION TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE INTERESTS OF THE STATE OF SOUTH CAROLINA IN ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER LEARNING FOR THE PURPOSE OF PROVIDING SINGLE-GENDER POST-SECONDARY EDUCATIONAL OPPORTUNITIES TO ITS CITIZENS, AND TO ESTABLISH A COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EXPLORING ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER EDUCATIONAL OPPORTUNITIES FOR WOMEN.

Senator O'DELL from the General Committee submitted a majority favorable and Senator WASHINGTON a minority unfavorable report on the Concurrent Resolution.

Senator CORK raised a Point of Order that under Rule 48 that consideration of the Resolution was out of order as the Resolution was not received by the Senate prior to May first.

The PRESIDENT sustained the Point of Order and stated that a two-thirds vote of the total membership would be required to suspend the provisions of Rule 48.

Senator McCONNELL made a motion to suspend the provisions of Rule 48.

Senator CORK raised a further Point of Order that under Rule 44 that the motion to suspend the provisions of Rule 48 was out of order inasmuch as twenty-four hours notice to suspend the Rules of the Senate must be given.

Senator McCONNELL spoke on the Point of Order.

Senator CORK spoke on the Point of Order.

The PRESIDENT overruled the Point of Order and stated that the provisions of Rule 44 were generic while the provisions of Rule 48 were specific to the instant matter and, further, that the motion to suspend the provisions of Rule 48 was in order at this time.

The question then was the motion to suspend the provisions of Rule 48.

Senator CORK argued contra to the motion.

Senator MACAULAY raised a Point of Order that the motion was not debatable.

Senator McCONNELL spoke on the Point of Order.

Senator CORK spoke on the Point of Order.

The PRESIDENT took the matter under advisement.

Senator CORK continued arguing contra to the motion.

The PRESIDENT took up the Point of Order raised by Senator MACAULAY that the motion to suspend the provisions of Rule 48 was nondebatable.

The PRESIDENT stated that while the Rules of the Senate were silent on this question, the provisions of Section XVIII of Jefferson's Manual, to-wit:
"The only case where a Member has a right to insist on anything, is where he calls for the execution of a subsisting order of the House. Here there having been already a resolution, any person has a right to insist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be hand on it."
and provide a sound basis for finding that the motion is not subject to debate and sustained the Point of Order.

The question then was the motion to suspend the provisions of Rule 48.

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

Bryan Courson Drummond
Elliott Giese Gregory
Hayes Holland Land
Lander Leatherman Leventis
Macaulay Martin McConnell
McGill Mescher O'Dell
Passailaigue Peeler Rankin
Reese Richter Rose
Russell Saleeby Setzler
Short Smith, G. Smith, J.V.
Thomas Waldrep Williams
Wilson

Cork Courtney Ford
Glover Matthews Mitchell
Patterson Ryberg Stilwell
Washington

To avoid even an appearance of a potential conflict of interest as delineated in Section 8-13-700(B), I wish the Journal to reflect that I did not participate or attempt to influence the decision regarding the adoption of H. 4170, as there are pending contractual negotiations between The Citadel and a business with which I am associated.

The Concurrent Resolution was placed on the Calendar and ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

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

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

Senator LEVENTIS 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 Agriculture and Natural Resources.

The Agriculture and Natural Resources Committee proposed the following amendment (436\11468AC.93), which was adopted:

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

/SECTION 1. Section 48-39-150(F) of the 1976 Code is amended to read:

"(F) Work authorized by permits issued hereunder under this chapter shall must be completed within three five years after the date of issuance of the permit. The time limit may be extended for good cause showing that due diligence toward completion of the work has been made as evidenced by significant work progress. An extension only may be granted if the permitted project meets the policies and regulations in force when the extension is requested or the permittee agrees to accept additional conditions which would bring the project into compliance. The time periods required by this subsection must be tolled during the pendency of an administrative or a judicial appeal of the permit issuance."

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

Amend title to conform.

Senator LEVENTIS 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 LEVENTIS, with unanimous consent, S. 696 was ordered to receive a third reading on Friday, May 21, 1993.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

S. 716 -- Senator McConnell: A BILL TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL COUNCIL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN CRITICAL AREAS, SO AS TO FURTHER PROVIDE FOR THE VALIDITY OF CRITICAL AREA DELINEATIONS, AND TO PROVIDE EXCEPTIONS.

S. 716 -- Senator McConnell: A BILL TO AMEND SECTION 48-39-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COASTAL COUNCIL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILIZATIONS WITHIN CRITICAL AREAS, SO AS TO FURTHER PROVIDE FOR THE VALIDITY OF CRITICAL AREA DELINEATIONS, AND TO PROVIDE EXCEPTIONS.

Senator LEVENTIS 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 Agriculture and Natural Resources.

The Agriculture and Natural Resources Committee proposed the following amendment (436\11464AC.93), which was adopted:

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

/SECTION 1. Section 48-39-210 of the 1976 Code is amended to read:

"Section 48-39-210. (A) Ninety days after July 1, 1977, the The council shall be is the only state agency with authority to permit or deny any alteration or utilization within the critical area except for the exemptions granted under Section 48-39-130(D) and such the application for a permit shall must be acted upon within the time prescribed by this chapter.

(B) A critical area delineation for coastal waters or tidelands established by the council is valid only if the line is depicted on a survey performed by a professional surveyor, the line is reviewed by council, council validates the location of the boundaries of the coastal waters or tidelands critical area on the survey by affixing a stamp and date to the survey, and the survey contains clearly on its face in bold type the following statement:

`The area shown on this plat is a general representation of Coastal Council permit authority on the subject property. Critical areas by their nature are dynamic and subject to change over time. By generally delineating the permit authority of the Coastal Council, the Coastal Council in no way waives its right to assert permit jurisdiction at any time in any critical area on the subject property, whether shown hereon or not.'

(C) Notwithstanding any other provision of this chapter, a critical area line established pursuant to subsection (B) that affects subdivided residential lots expires after three years from the council date on the survey described in subsection (B). For purposes of this section only, a critical area delineation existing on the effective date of this act is valid until December 31, 1993.

(D) Exceptions to subsection (C) are eroding coastal stream banks where it can be expected that the line will move due to the meandering of the stream before the expiration of the three-year time limit and where manmade alterations change the critical area line."

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

Amend title to conform.

Senator LEVENTIS 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 LEVENTIS, with unanimous consent, S. 716 was ordered to receive a third reading on Friday, May 21, 1993.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3451 -- Reps. Riser, Snow, Shissias, Corning and Witherspoon: A BILL TO AMEND SECTION 46-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPERIMENTAL STATIONS FOR FARM DEMONSTRATION AND TESTING WORK, SO AS TO PROVIDE FOR THE STATIONS TO ENGAGE IN FARM RESEARCH AS AN INTEGRAL PART OF THEIR MISSION.

Ordered for consideration tomorrow.

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

The House returned the Bill with amendments.

Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration and explain the House amendments.

There was no objection.

On motion of Senator J. VERNE SMITH, 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. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.

The House returned the Bill with amendments.

On motion of Senator WILLIAMS, 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. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.

The House returned the Bill with amendments.

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

The House returned the Bill with amendments.

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

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)

The House returned the Bill with amendments.

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

S. 775 -- Senators Wilson, Macaulay, Giese, Glover and Rankin: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON, ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR THE INITIAL ELECTION OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY AND TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS BY ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL, SIX MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, AND THREE MEMBERS OF THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL.

Returned with concurrence.

Received as information.

S. 783 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1 WHOSE TERM EXPIRES JUNE 30, 1993.

Returned with concurrence.

Received as information.

S. 784 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 26, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2 WHOSE TERM EXPIRES JUNE 30, 1993; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 1 OF THE FAMILY COURT WHOSE UNEXPIRED TERM EXPIRES JUNE 3, 1998.

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

H. 4162 -- Reps. Holt, Whipper, J. Bailey, Hutson, Hallman, Breeland, Harrell, Gonzales, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1993-94 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1993-94.

(By prior motion of Senator McCONNELL)

H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Riser, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.

Senator COURTNEY 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.

Senators COURTNEY and STILWELL proposed the following amendment (JUD3615.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 39, in Section 6-11-91, as contained in SECTION 1, by striking item (2) in its entirety and inserting therein the following:

/ (2) subsistence may not exceed either actual out-of-pocket expenses or one hundred dollars a day, whichever amount is the lesser; and / .

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 COURTNEY, with unanimous consent, H. 3615 was ordered to receive a third reading on Friday, May 21, 1993.

Senator STILWELL objected to further consideration of any Bill on the statewide uncontested Calendar.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3610, THE GENERAL APPROPRIATIONS BILL.

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

Senator DRUMMOND proposed the following Amendment No. 76A (3610R073.JD), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, by adding on page 80, after line 22 an appropriately numbered proviso to read:

/ 28. . Of the funds appropriated to the Department of Education, $25,000 may be used as dues for the Southern Center for International Studies. /.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 87A (3610R076.JD), which was adopted:

Amend the Finance Committee Report, as and if amended, Division III, Section 3, by adding on page 86, after line 5, the following appropriately numbered proviso to read:

/ 64.3 (Coastal Council Special Permits) Notwithstanding any other provisions of law or Rule and Regulation where the State of South Carolina is exposed to compensation requirements of the Constitutions, the Council is hereby authorized to issue special permits pursuant to Section 48-39-290(D) for habitable structures not to be larger than 5,000 square feet of heated space. /

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator GIESE proposed the following Amendment No. 110 (SBD.12), which was subsequently divided:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ Of the Admissions tax funds carried forward into FY 93-94, $745,028 must be transferred to the Department of Corrections for the Trenton Youth Facility, $1,000,000 to the Department of Education for the Education Finance Act $1,000,000 to the Department of Education for School Buses and $2,000,000 to the Colleges and Universities for formula distribution. /.

Amend sections, totals and title to conform.

Senator GIESE argued in favor of the adoption of the amendment and Senator GREG SMITH argued contra.

Senator LEVENTIS moved under Rule 18 to divide the question.

Senator GREG SMITH moved to table the motion to divide the question.

Senator BRYAN raised a Point of Order that under the provisions of Rule 18, that if the question can be divided, the matter would be determined by the PRESIDENT and would not be a question to be determined by the body.

The PRESIDENT sustained the Point of Order.

The PRESIDENT stated that Amendment No. 110 could be divided as follows:

Senator GIESE proposed the following amendment (3610R079.WKG), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Page 86, after Line 5, by adding an appropriately numbered proviso to read:

/66. . Of the Admissions tax funds carried forward into FY 93-94, $745,028 must be transferred to the Department of Corrections for the Trenton Youth Facility. /

Amend sections, totals and title to conform.

Senator GIESE proposed the following amendment (3610R080.WKG):

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Page 86, after Line 5, by adding an appropriately numbered proviso to read:

/66. . Of the Admissions tax funds carried forward into FY 93-94, $1,000,000 must be transferred to the Department of Education for the Education Finance Act. /

Amend sections, totals and title to conform.

Senator GIESE proposed the following amendment (3610R081.WKG):

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Page 86, after Line 5, by adding an appropriately numbered proviso to read:

/66. . Of the Admissions tax funds carried forward into FY 93-94, $1,000,000 must be transferred to the Department of Education for School Buses /.

Amend sections, totals and title to conform.

Senator GIESE proposed the following amendment (3610R082.WKG):

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Page 86, after Line 5, by adding an appropriately numbered proviso to read:

/66. . Of the Admissions tax funds carried forward into FY 93-94, $2,000,000 must be transferred to the Colleges and Universities for formula distribution /.

Amend sections, totals and title to conform.

The question then was the adoption of Part A of Amendment No. 110.

Senator GIESE proposed the following amendment (3610R079.WKG), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Page 86, after Line 5, by adding an appropriately numbered proviso to read:

/66. . Of the Admissions tax funds carried forward into FY 93-94, $745,028 must be transferred to the Department of Corrections for the Trenton Youth Facility. /

Amend sections, totals and title to conform.

Senator GREG SMITH moved to lay Part A of Amendment No. 110 on the table.

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

Cork Courson Elliott
Gregory Leatherman Martin
McConnell McGill Passailaigue
Rankin Richter Rose
Russell Short Smith, G.
Washington

Bryan Courtney Drummond
Ford Giese Glover
Hayes Holland Jackson
Lander Leventis Macaulay
Matthews Mitchell Peeler
Reese Ryberg Saleeby
Setzler Smith, J.V. Stilwell
Thomas Waldrep Williams
Wilson

The Senate refused to table Part A of Amendment No. 110. The question then was the adoption of Part A of Amendment No. 110.

This is dedicated money for tourism. It is a bad practice to punish an agency for using its money frugally. This Bill already has money plowed into it which will create problems in the future. The only way to remedy our fiscal problem is to remain steadfast against raids. Tourism is more important than ever to the Charleston economy given the possibility of losing the military bases. Therefore, I had to vote to table the effort to raid the fund even though it was for good purposes such as health care, education, and corrections.

Senator GIESE moved that Part A of Amendment No. 110 be adopted.

Senator RANKIN argued contra to the motion.

At 12:45 P.M., Senator MOORE assumed the Chair.

Senator RANKIN continued arguing contra to the motion.

At 12:55 P.M., the PRESIDENT assumed the Chair.

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

Bryan Courtney Drummond
Giese Holland Jackson
Leventis Macaulay Martin
Matthews Mitchell Moore
Peeler Ryberg Saleeby
Setzler Smith, J.V. Stilwell
Thomas Waldrep Williams
Wilson

Cork Elliott Ford
Glover Gregory Hayes
Leatherman McConnell McGill
Mescher O'Dell Passailaigue
Rankin Reese Richter
Rose Short Smith, G.
Washington

Part A of Amendment No. 110 was adopted.

The question then was the adoption of Part B of Amendment No. 110.

Senator GIESE proposed the following amendment (3610R080.WKG):

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Page 86, after Line 5, by adding an appropriately numbered proviso to read:

/66. . Of the Admissions tax funds carried forward into FY 93-94, $1,000,000 must be transferred to the Department of Education for the Education Finance Act. /

Amend sections, totals and title to conform.

Senator ELLIOTT argued contra to the adoption of Part B of Amendment No. 110.

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 Jackson
Land Leatherman Leventis
Macaulay Martin Matthews
McConnell McGill Mescher
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

The Senate resumed.

Senator ELLIOTT moved to lay the amendment on the table.

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

Cork Elliott Ford
Gregory Hayes Land
McConnell Mescher Passailaigue
Rankin Richter Rose
Short Smith, G. Washington

Bryan Courson Courtney
Drummond Giese Glover
Leatherman Leventis Macaulay
Martin Matthews McGill
Moore O'Dell Patterson
Peeler Reese Russell
Ryberg Saleeby Setzler
Smith, J.V. Stilwell Thomas
Waldrep Williams Wilson

The Senate refused to table Part B of Amendment No. 110. The question then was the adoption of Part B of Amendment No. 110.

Senator RANKIN argued contra to the adoption of Part B of Amendment No. 110.

At 2:00 P.M., on motion of Senator WASHINGTON, with unanimous consent, Senator RANKIN retaining the floor, the Senate receded from business not to exceed five minutes.

At 2:09 P.M., the Senate resumed.

Senator RANKIN continued arguing contra to the adoption of Part B of Amendment No. 110.

At 2:20 P.M., on motion of Senator DRUMMOND, with unanimous consent, Senator RANKIN retaining the floor, the Senate receded from business not to exceed one minute.

At 2:22 P.M., the Senate resumed.

Senator RANKIN argued contra to the adoption of Part B of Amendment No. 110.

Senator RANKIN asked unanimous consent to make a motion to take up Amendment No. 110E for immediate consideration and substitute Amendment No. 110E for Parts B, C and D of Amendment No. 110.

There was no objection.

Senator GIESE proposed the following Amendment No. 110E (3610R085.WKG), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 66. . Of the Admissions tax funds carried forward into FY 93-94, $1,000,000 must be transferred to the Department of Education for the Education Finance Act, $1,000,000 to the Department of Education for School Buses and $2,000,000 to the Colleges and Universities for formula distribution. These transfers are one-time transfers and do not recur in succeeding years. /

Amend sections, totals and title to conform.

Senator RANKIN explained the amendment.

Senator RANKIN moved that the amendment be adopted.

The amendment was adopted.

Senator RANKIN proposed the following Amendment No. 65B (3610R084.LAR), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 4, line 15, by striking / 10,282,428 / and inserting / 10,832,428 /.

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 5, line 24, by striking / (25,870,253) / and inserting / (24,770,253) /.

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV, SECTION 16, page 109, lines 1-38, by striking the SECTION in its entirety and inserting:

TO AMEND SECTION 51-1-75 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX REVENUES ALLOCATED TO THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO PROVIDE FOR THE ALLOCATION TO BE MADE TO THE GENERAL FUND, AND TO PROVIDE FOR THE APPROPRIATION TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

A. Section 51-1-75 of the 1976 Code is amended to read:

"Section 51-1-75. (A) The annual revenue derived from Section 12-21-2420 which exceeds four million dollars for fiscal year 1991-92 and five million dollars for fiscal year 1992-93, subsequent to the allocation of revenue for use of the commercial fisheries division, must be allocated to the Department of Parks, Recreation and Tourism. Beginning with fiscal year 1993-94, the annual revenue derived from Section 12-21-2420 shall be credited to the General Fund and the Department of Parks, Recreation and Tourism shall be appropriated the amount of ten million, six hundred thousand dollars. Fifty percent of the amount collected in excess of fifteen million, seven hundred thousand dollars shall also be appropriated to the Department of Parks, Recreation and Tourism. Beginning with fiscal year 1994-95, and for each year thereafter, fifty percent of the revenue collected in excess of the prior fiscal year estimate shall be appropriated to the Department of Parks, Recreation and Tourism.

(B) The funds allocated to the Department of Parks, Recreation and Tourism from the revenues collected from admission tax fees in Section 12-21-2420 must be used to advertise and promote the tourism industry of the State. The advertising and promotion activities must include paid media advertising and other promotional projects of the department and establishment by the department of a matching funds program to assist local tourism promotion organizations in the State. Guidelines for the programs must be formulated by the department and the Joint Committee on Tourism and Trade."

B. This section takes effect July 1, 1993.

Amend sections, totals and title to conform.

Senator RANKIN explained the amendment.

Senator RANKIN moved that the amendment be adopted.

The amendment was adopted.

Senators THOMAS and RUSSELL proposed the following Amendment No. 115 (BBH.5), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 14G.-- (Printing Limitations) Notwithstanding other provisions of law and unless a waiver is authorized by the State Budget and Control Board, a printing job costing in excess of $1,000 must use black ink and be on ordinary 20# or 60# paper. The Division of General Services of the State Budget and Control Board shall develop guidelines to determine which printing projects funded by general fund monies must be economized. However, certain printing projects funded by general fund monies may be funded fully. These projects include, but are not limited to, recruitment brochures and economic development materials. /.

Amend sections, totals and title to conform.

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

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Senators CORK and GLOVER proposed the following Amendment No. 118 (N05\7288SD.93), which was tabled:

Amend the Finance Committee Report, Division III, Amendments to Numbered Paragraphs, as and if amended, by adding at the end of Division III the following paragraph to be appropriately numbered:

/129.___. The state-supported institutions of higher learning enumerated in Section 59-107-10 of the 1976 Code, including their branches and extensions, must accept applicants into their undergraduate-level and graduate-level curricula and degree programs as part-time, full-time, regular, special, and evening students regardless of race, color, religion, sex, or national origin, and no person may be refused admission into, or be excluded as a part-time, full-time, regular, special, or evening student from, any undergraduate-level or graduate-level curriculum or degree program offered by those institutions, including their branches and extensions, on account of race, color, religion, sex, or national origin, and no institution described in Section 59-107-10 of the 1976 Code, including any branch or extension of such an institution, may receive or expend any state tax revenues for any purpose, regardless of the source or sources from which such tax revenues are collected and regardless of the manner in which those funds are paid over to or accredited to the account of the institution, until the institution is in full compliance with these requirements./

Renumber paragraphs to conform.

Amend title to conform.

Senator CORK argued in favor of the adoption of the amendment and Senator LEVENTIS argued contra.

Senator LEVENTIS moved to lay the amendment on the table.

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

Bryan Courson Courtney
Drummond Elliott Giese
Gregory Hayes Holland
Leatherman Leventis Macaulay
Martin McConnell McGill
Mescher O'Dell Passailaigue
Peeler Rankin Reese
Saleeby Setzler Short
Thomas Waldrep Williams
Wilson

Cork Ford Glover
Land Matthews Mitchell
Moore Patterson Richter
Rose Russell Ryberg
Smith, G. Smith, J.V. Stilwell
Washington

Jackson

The amendment was laid on the table.

To avoid even an appearance of a potential conflict of interest as delineated in Section 8-13-700(B), I wish the Journal to reflect that I did not participate or attempt to influence the decision with regard to Amendment No. 118 to H. 3610, as there are pending contractual negotiations between The Citadel and a business with which I am associated.

Senators STILWELL and RICHTER proposed the following Amendment No. 61 (DKA\4753AL.93), which was adopted:

Amend the report of the Committee on Finance, as and if amended, DIVISION II, SECTION 1, page 2, line 24, by striking /(228,873)/ and inserting /(438,075)/ and on page 3, line 38, by striking /2,785,164/ and inserting /2,994,366/.

Amend further, DIVISION III, SECTION 3, page 85, by adding after line 15 a proviso that reads:

/43.__. (Transfer of funds for Child Abuse and Neglect Cases)

Of the funds appropriated herein and the FTEs added in Proviso 129.75, $209,202 is designated to fund new positions to be created for enforcing the child abuse and neglect cases as provided in Section 20-7-110./

Amend further, DIVISION III, SECTION 3, Proviso 129.75., page 93, by adding after line 3:

/-Sect. 43 DSS

+9.0 State

+18.0 Other/

Amend further, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-738 SO AS TO PROVIDE FOR PETITION AND INTERVENTION BY THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT CASES BEFORE FAMILY COURT; TO AMEND SECTION 20-7-110, RELATING TO LEGAL REPRESENTATION IN CHILD ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES MUST REPRESENT THE INTERESTS OF THE STATE AND THE LOCAL CHILD PROTECTIVE SERVICES AGENCY; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS FOR INTAKE, SO AS TO REVISE THE DEFINITION OF "A PERSON RESPONSIBLE FOR A CHILD'S WELFARE"; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCY, SO AS TO DELETE PROVISIONS RELATING TO INITIATING PROTECTIVE SERVICES IN FAMILY COURT AND REFERENCES TO THE CIRCUIT SOLICITOR; TO AMEND SECTION 20-7-762, RELATING TO FAMILY COURT REVIEW, SO AS TO PROVIDE A HEARING AS PROVIDED IN SECTION 20-7-738; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES AND COSTS, SO AS TO PROVIDE FOR A FEE OF ONE HUNDRED DOLLARS TO OFFSET THE LEGAL EXPENSES ASSOCIATED WITH INITIATING THE CHILD ABUSE OR NEGLECT CASES; TO AMEND SECTION 20-7-3010, AS AMENDED, RELATING TO INJUNCTION BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO DELETE PROVISIONS RELATING TO THE ATTORNEY GENERAL OR CIRCUIT SOLICITOR INITIATING THE INJUNCTION PROCEEDING; AND TO REPEAL SECTIONS 20-7-2960 AND 20-7-3080 RELATING TO CIRCUIT SOLICITORS ENFORCING CERTAIN PROVISIONS.

A. The 1976 Code is amended by adding:

"Section 20-7-738. (A) Upon a determination that a child has been abused, neglected, or endangered as defined in Section 20-7-490, or at any time during the delivery of services by the agency, the local child protective services agency may petition the family court in its jurisdiction for authority to intervene and provide protective services without removal of the child. This petition must be filed in those instances where the family indicates a refusal to cooperate and the agency has probable cause to believe protective services are necessary to protect the child's health or welfare.

(B) The petition shall contain a full description of the basis for the agency's belief that the child cannot be protected adequately without agency intervention, including a description of the condition of the child, any previous efforts by the agency to work with the parent or guardian, treatment programs which have been offered and proven inadequate, and the attitude of the parent or guardian toward intervention and protective services.

(C) Upon receipt of a petition under this section, the family court shall schedule a hearing to be held within forty days of the date of receipt to determine whether intervention is necessary.

The court shall notify the parent or guardian of the hearing by delivering a copy of the petition, together with a notice of the hearing, which must include the date and time of the hearing and an explanation of the right of the parent or guardian to an attorney pursuant to Section 20-7-110. The court shall effect delivery at least twenty-four hours before the hearing. The respondent must be allowed to seek leave of the court for a continuance of not less than forty-eight hours.

(D) Intervention and protective services must not be ordered unless the court finds:

(1) (a) the child has been physically injured as defined in Section 20-7-490 and there is a preponderance of the evidence that the child cannot be protected from further physical injury without intervention; or

(b) the child has been endangered as defined in Section 20-7-490 and there is clear and convincing evidence that the child cannot be protected from further harm of the type justifying intervention without intervention; and

(2) the child can be adequately protected through the provision of protective services without removal of custody."

B. Section 20-7-110(C) of the 1976 Code is amended to read:

"(C) The interests of the State and the local child protective services agency shall must be represented by the circuit solicitor or his representative in the appropriate judicial circuit legal representatives of the Department of Social Services in any judicial proceeding."

C. Section 20-7-490(E) of the 1976 Code is amended to read:

"(E) `A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver as defined by Section 20-7-2700 of a public or private residential home, institution, agency, or child day care facility or other person legally responsible for the child's welfare in a residential setting a person who has assumed the role and responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person not otherwise listed in this definition who provides temporary care for a child is not considered to have assumed the role and responsibility of the parent or guardian."

D. Subsections (H) through (P) of Section 20-7-650 of the 1976 Code, as last amended by Act 448 of 1992, are further amended to read:

"(H) A family court order resulting from proceedings initiated by the agency pursuant to Section 20-7-650(J) Sections 20-7-738 and Section 20-7-736 must include a judicial determination for inclusion in the statewide Central Registry of whether or not the subject of the report more likely than not abused or neglected the child.

(I) The local child protective service agency shall be is charged with providing, directing, or coordinating the appropriate and timely delivery of services to children found to be abused or neglected and those responsible for their welfare or others exercising temporary or permanent control over such children. `Services' shall must not be construed to include emergency protective custody provided for in Section 20-7-736.

(J) Where the agency initiates protective services in cases of indicated physical, mental, or sexual abuse, it shall petition the family court of the jurisdiction of the services offered within one week after the initiation of the services. The family court shall schedule a hearing within forty days after the filing of the petition to determine whether:

(1) the agency had reasonable cause to initiate the services offered;

(2) the services being offered are reasonable in light of the agency's justification for intervention. In all proceedings under this section the agency has the burden of proof by a preponderance of the evidence, except in cases where the agency has alleged mental injury, in which case the evidence must be clear and convincing.

(K)(J) In cases where a report has been filed with the Central Registry of Child Abuse and Neglect, as required by subsection (E), the outcome of any further proceedings must be entered immediately by the agency into the Central Registry of Child Abuse and Neglect.

(L)(K) After the initiation of protective services by the agency, if those receiving services indicate a refusal to cooperate, the agency shall withdraw. If the facts so warrant, the agency may petition the family court to invoke the jurisdiction of the court under the Family Court Act to intervene, but the agency may not threaten action to coerce participation.

(M)(L) The agency shall cooperate with law enforcement agencies and the circuit solicitor within the area it serves and establish procedures necessary to facilitate the referral of child protection cases to the child protective services agency. Where the facts indicating abuse or neglect also appear to indicate a violation of criminal law, the agency shall notify the appropriate law enforcement agency of those facts within twenty-four hours of the agency's finding for the purposes of police investigation. The law enforcement agency must shall file a formal incident report at the time it is notified by the agency of such the finding. When the intake report is of alleged sexual abuse, the agency must notify the appropriate law enforcement agency within twenty-four hours of receipt of the report to determine if a joint investigation is necessary. The law enforcement agency must shall file a formal incident report at the time it is notified of the alleged sexual abuse.

(N)(M) The agency actively shall seek the cooperation and involvement of local public and private institutions, groups, and programs concerned with matters of child protection and welfare within the area it serves.

(O)(N) The local child protective service agency situated in the county of the mother's legal residence shall provide, direct, or coordinate the appropriate and timely delivery of services to children born of incarcerated mothers where no provision has been made for placement of the child outside the prison setting. Referral of these cases to the appropriate local child protective service agency is the responsibility of the agency or institution with custody of the mother.

(P)(O) The agency in all instances shall act in accordance with the policies, procedures, and regulations promulgated and distributed by the State Department of Social Services pursuant to this chapter."

E. The first paragraph of Section 20-7-762 of the 1976 Code is amended to read:

"At the close of a hearing pursuant to Section 20-7-650(H) 20-7-738 or Section 20-7-736 and upon a finding that the child shall remain in the home and that protective services shall continue, the family court shall review and approve a treatment plan designed to alleviate any danger to the child and to aid the parents so that the child will not be endangered in the future. The plan must be prepared by the child protective services agency and shall detail any changes in parental behavior or home conditions that must be made and any services which will be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered. Whenever possible, the plan must be prepared with the participation of the parents, the child, and any other agency or individual that will be required to provide services. The plan must be submitted to the court at the hearing. If any changes in the plan are ordered, the agency shall submit a revised plan to the court within two weeks of the hearing, with copies to the parties and legal counsel. Any dispute regarding the plan must be resolved by the court. The terms of the plan must be included as part of the court order."

F. Section 20-7-1440 of the 1976 Code, as last amended by Act 150 of 1991, is further amended by adding a paragraph at the end:

"In actions initiated by the department pursuant to Section 20-7-736 or 20-7-738, the court shall impose a fee of one hundred dollars against the defendant. If the court does not order removal of custody or intervention and protective services with the child remaining in the home, the fee may be waived. The court may assess the fee against any one defendant or apportion the fee among multiple defendants. The fee may be paid in installments as the court may order. The clerk of court shall collect the fee and remit it to the department. The department shall retain the fees remitted to be used to offset the expenses associated with its legal representation in child abuse and neglect cases."

G. Section 20-7-3010 of the 1976 Code, as last amended by Act 338 of 1988, is further amended to read:

"Section 20-7-3010. a. The department is empowered to seek an injunction against the continuing operation of a child day care facility in the family court having jurisdiction over the county in which the facility is located:

(1) when a facility is operating without a license or statement of registration;

(2) when there is any violation of this subarticle or of the regulations promulgated by the department which threatens serious harm to children in the child day care facility;

(3) when an operator has repeatedly violated this subarticle or the regulations of the department.

b. Proceedings for securing the injunctions may be brought by the Attorney General or circuit solicitor of the jurisdiction in which the facility or its headquarters is located."

H. Sections 20-7-2960 and 20-7-3080 of the 1976 Code are repealed.

I. This section takes effect July 1, 1993./

Renumber sections to conform.

Amend totals and title to conform.

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

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator SHORT proposed the following Amendment No. 121 (JIC\6052HC.93), which was not adopted:

Amend the report, as and if amended, in DIVISION II, page 3, line 22, by striking /4,231,336/ and inserting /6,951,336/.

Amend further, page 4, line 10 by striking /(752,286)/ and inserting /5,714/.

Amend further, page 5, line 24, by striking /(25,870,253)/ and inserting /22,392,253)/, and line 26 by striking /(602,152)/ and inserting /266,848/.

Amend further, DIVISION III, SECTION 3, by adding appropriately numbered paragraphs to read:

/28.__ The additional appropriation of $2,720,000 for the Department of Education must be allocated to EFA and associated fringe benefits for fiscal year 1993-94.

28A.__ An additional $869,000 is allocated to the EIA building fund for fiscal year 1993-94.

61.___ An additional $758,000 for Clemson PSA for fiscal year 1993-94 must be used to construct a cattle arena./

Amend further, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR NEWSPAPERS.

A. Section 12-36-2120(8) of the 1976 Code is amended to read:

"(8) newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;"

B. This section takes effect July 1, 1993./

Renumber sections to conform.

Amend totals and title to conform.

Senator SHORT argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator DRUMMOND moved to lay the amendment on the table.

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

Courson Courtney Drummond
Elliott Giese Leatherman
Leventis Martin McConnell
McGill Mescher Passailaigue
Ryberg Setzler Smith, G.
Smith, J.V. Thomas Wilson

Bryan Cork Ford
Glover Gregory Hayes
Holland Jackson Land
Macaulay Matthews Moore
O'Dell Patterson Peeler
Rankin Reese Richter
Rose Saleeby Short
Stilwell Waldrep Washington
Williams

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator GREG SMITH raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator MACAULAY spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senators PATTERSON and STILWELL argued in favor of the adoption of the amendment.

The PRESIDENT took up the Point of Order raised by Senator GREG SMITH that Amendment No. 121 was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended.

The PRESIDENT sustained the Point of Order.

Senator LAND appealed the Ruling of the PRESIDENT.

Senator THOMAS spoke on the motion.

At 3:55 P.M., Senator McCONNELL assumed the Chair.

The question then was "Shall the Ruling of the PRESIDENT be upheld?"

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

Courtney Drummond Giese
Hayes Lander Leatherman
Leventis Martin McConnell
McGill Mescher Mitchell
O'Dell Passailaigue Rankin
Rose Russell Ryberg
Smith, G. Thomas Wilson

Bryan Cork Elliott
Ford Glover Gregory
Jackson Land Macaulay
Matthews Moore Patterson
Peeler Reese Richter
Saleeby Setzler Short
Smith, J.V. Stilwell Waldrep
Washington Williams

The Ruling of the PRESIDENT was overturned.

At 4:05 P.M., the PRESIDENT assumed the Chair.

The question then was the adoption of the amendment.

Senator THOMAS argued contra to the adoption of the amendment.

Senator DRUMMOND spoke on the Bill.

At 4:20 P.M., Senator DRUMMOND asked unanimous consent to make a motion that no further amendments would be accepted on the desk after 5:00 P.M., with the exception of balancing amendments.

There was no objection.

The question then was the adoption of the amendment.

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

Bryan Cork Ford
Glover Gregory Jackson
Land Macaulay Matthews
Mescher Moore O'Dell
Patterson Reese Saleeby
Short Stilwell Waldrep
Washington Williams

Courson Courtney Drummond
Giese Hayes Lander
Leatherman Leventis Martin
McConnell McGill Passailaigue
Peeler Rankin Richter
Rose Russell Ryberg
Setzler Smith, G. Smith, J.V.
Thomas Wilson

The amendment was not adopted.

Senators SHORT, SALEEBY and LANDER proposed the following Amendment No. 88 (JIC\6034HC.93), which was adopted:

Amend the report, as and if amended, DIVISION II, page 3, line 29, by striking /(183,743)/ and inserting /91,773/ and on line 34 by striking /2,700,434/ and inserting /3,224,918/.

Amend further, DIVISION II, page 5, line 24, by striking /(25,870,253)/ and inserting /(25,070,253)/.

Amend further, DIVISION III, SECTION 3, by adding two appropriately numbered provisos to read:

/35.___ The additional appropriation of $275,516 for the State Library must be used to increase the per capita allocation for Aid to County Libraries from 92 cents to $1.00 for fiscal year 1993-94.

39.___ An additional appropriation of $524,484 for the Department of Health and Environmental Control must be used to provide outreach and services to prevent teenage pregnancy, to provide voluntary sterilization, and to provide Norplant./

Amend further, in DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND CHAPTER 23, TITLE 12 OF THE 1976 CODE RELATING TO LICENSE TAXES ON BUSINESSES, BY ADDING ARTICLE 13, SO AS TO IMPOSE A SEVERANCE TAX ON GOLD.

A. Chapter 23, Title 12 of the 1976 Code is amended by adding:

Section 12-23-1110. Persons mining gold are assessed a severance tax as provided in this article.

Section 12-23-1120. The severance tax on gold mining is one percent of the taxable value of the gold. The taxable value of gold is equal to twenty percent of the gross proceeds received for the gold.

Section 12-23-1130. The gross proceeds of gold is computed as follows:

(1) If the gold is sold, the gross proceeds is the gross amount the producer receives for the sale.

(2) If the gold is not sold but is shipped, transported, or delivered out of state the gross proceeds are determined by multiplying the finished gold by the average daily price of gold for the period for which the tax is due. (3) The gross proceeds of gold disposed of but not sold is determined by applying the percentage of the total costs associated with the sale or disposition of the gold to the producer's total costs by the producer's total sales or dispositions.

(4) If a non bonafide sale of gold takes place between affiliated companies where the value received is not proportionate to the fair market value, or if the other items of this section do not apply, the commission shall determine the value.

Section 12-23-1140. (A) There is allowed an annual exemption for each mine of the first twenty-five thousand dollars of gross proceeds of gold.

Section 12-23-1150. The tax is due on or before the twentieth day of April, July, October, and January for sales or dispositions of gold in the preceding calendar quarter. The tax must be reported and paid on forms prescribed by the commission.

B. This act takes effect July 1, 1993, and applies to sales or other dispositions occurring after June 30, 1993/

Renumber, amend title and totals to conform.

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

Senator SALEEBY moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 126 (JIC\6055HC.93), which was adopted:

Amend the report, as and if amended, in DIVISION III, SECTION 2, page 6, by inserting before line 30:

/1.1. (Revenues, Deposits Credited to General Fund) For the current fiscal year, except as hereinafter specifically provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services, and income derived from any other departmental or institutional source of activity, shall must be remitted to the State Treasurer as collected, when practicable, but at least once each week, when practical, and shall must be credited, unless otherwise directed by law, to the general fund of the State. Each institution, department or agency, in remitting such income to the State Treasurer, shall attach with each such remittance a report or statement, showing in detail the sources itemized according to standard budget classification from which such income was derived, and shall, at the same time, forward a copy of such report or statement to the Comptroller General and the State Budget and Control Board. In order to facilitate the immediate deposit of collections refunds of such collections by the State institutions where properly approved by the authorities of same, may be made in accordance with directions from the State Comptroller General and State Treasurer. Revenues derived from the general retail sales tax, the soft drinks tax, and the state's portion of revenue derived from the alcoholic liquors tax and cable television fees, shall must be expended to cover appropriations herein made for the support of the public school system of the State only, and any amount of such appropriation in excess of these revenues must be paid from other general fund revenues. Appropriations in this act for the support of the public school system shall include the following agencies: Department of Education;
State Board for Technical and Comprehensive Education;
Educational Television Commission;
Wil Lou Gray Opportunity School;
School for the Deaf and the Blind;
John de la Howe School;

Debt service on capital improvement bonds applicable to

above agencies;

Debt service on school bonds./

Renumber sections, amend title and totals to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 104 (JIC\5990HC.93), which was adopted:

Amend the bill, as and if amended, in DIVISION III, SECTION 3, by adding in the appropriate sequence:

/1.2 For the current fiscal year, except as hereinafter specifically provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services and income derived from any other departmental or institutional source of activity, must be remitted to the State Treasurer at least once each week, when practical./

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 74 (SBD.5), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 2, Proviso 28.22, page 17, line 6, inserting after Southeast.

/ There shall be no inflationary increase required for local financial effort as defined in Section 59-21-1030 for FY 93-94. /.

Amend sections, totals, and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senators WASHINGTON and PASSAILAIGUE proposed the following Amendment No. 75 (002.DLR), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 2, Proviso 39.15, page 37, by striking the proviso in its entirety and inserting therein

/ 39.15 (Sickle Cell Programs) Of the $394,091 appropriated for Sickle Cell program services, 47% is to be designated for the Community Based and Newborn Screening Programs (Sickle Cell) and shall be apportioned as follows: (1) 48% is to be divided equally between the existing Community Based Sickle Cell Programs located in Spartanburg and Columbia and (2) 52% is for the Community Based Sickle Cell Program in Charleston. The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn screening. The balance of the total appropriation must be used for Sickle Cell Services operated by Children's Rehabilitative Services of DHEC. The funds appropriated to the community based sickle centers shall be reduced to reflect any percent reduced assigned to the Department by the Budget and Control Board. /

Amend sections, totals and title to conform.

Senator WASHINGTON spoke on the amendment.

Senator WASHINGTON moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 103 (SBD.1), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 2, Proviso 28A.13, page 26, line 7, and inserting therein

/ and shall be allocated to the districts in the same proportion as they receive funds under the Education Finance Act. /.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator GIESE raised the Point of Order under Rule 25 that Proviso 124.30 of Division III, Section 2, was out of order inasmuch as it was not germane to the Bill.

Senators PATTERSON, MATTHEWS, THOMAS and WILLIAMS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LAND proposed the following Amendment No. 114 (0016.MKT), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 5.21, page 64, line 37, by striking the proviso in its entirety.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator WILLIAMS asked unanimous consent to make a motion to take up Amendment No. 2A for immediate consideration.

Senators PASSAILAIGUE, WILLIAMS and McCONNELL proposed the following Amendment No. 2A (3610R002.ELP), which was adopted:

Amend the Finance Committee Report, as and if amended, Division IV, Page 257, Section 79, by striking Section 79 in its entirety.

Amend title to conform.

Senator WILLIAMS spoke on the amendment.

Senators DRUMMOND and PASSAILAIGUE moved that the amendment be adopted.

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

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 111 (SBD.13), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 28.86, page 80, by striking the proviso and inserting:

/28.86 (School Bond Funding) After July 1, 1996, school districts issuing capital bonds in accordance with Article X, Section 14(7) (a) of the South Carolina Constitution shall not recall bonds prior to maturity date and reissue bonds if the combination of the actions cause local tax millage, designated for capital purposes, to increase by more than 12% /.

Amend sections, totals and title to conform. /

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Senators MATTHEWS and WASHINGTON proposed the following Amendment No. 133 (436\11459AC.93), which was adopted:

Amend the bill, as and if amended, DIVISION III, SECTION 3, page 84, by adding an appropriately numbered paragraph after paragraph 39.43 to read:

/39.___ For fiscal year 1993-94, if the balance in the Infectious Waste Contingency Fund created pursuant to Section 44-93-170 exceeds $325,000, the excess must be credited to the respective county accounts in amounts proportionate to each county's share of fees deposited in the fund. The excess funds credited to the counties must be used for funding local health care, education, and public service projects./

Renumber sections to conform.

Amend totals and title to conform.

Senator MATTHEWS explained the amendment.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 134 (DKA\4768SD.93), which was adopted:

Amend the bill, as and if amended, Division III, Section 3, Page 91, Proviso 129.72 by adding at the end of the proviso the following:

/The provisions of this proviso do not apply to reports of the Legislative Audit Council and to compliance review reports of the State Reorganization Commission./

Amend title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 135 (0003.MKT), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 82._____ Whenever a professional designation or license is a legislatively mandated requirement for employment by the Tax Commission, the Commission shall be responsible for the annual cost to maintain that required designation or license and provide for examination cost associated with such designation or license if not outside his/her normal duties. /.

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 137 (SBD.11), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 129. . For the purposes of calculating the base revenue estimate, recurring revenue shall be defined as those sources of revenue, as defined in Part 1, Section 1, Proviso 1.1, for which funds may be remitted to the State Treasurer's Office more than one consecutive year. /.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

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

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 149 (SBD.4), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 28A. . Notwithstanding any other provision of law, Education Improvement Act compensation rates to school districts shall be $412.10 for Compensatory, $180.60 for Remedial, and $475.50 for Gifted and Talented for FY93-94. /.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senators WASHINGTON, MATTHEWS, MITCHELL, PATTERSON, FORD, GLOVER and JACKSON proposed the following Amendment No. 145 (3610R088.MW), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 4, after line 2, by inserting:

/ SEC The State Commission for Minority Affairs 236,000 /

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Proviso 129.75, page 93, after line 11, by inserting:

/ -Sect. The State Commission for Minority Affairs

+1.00 State/

Amend sections, totals and title to conform.

Senator WASHINGTON explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

The time of 5:00 P.M. arrived and no further amendments, except balancing amendments, were received on the desk.

At 5:10 P.M., on motion of Senator J. VERNE SMITH, the Senate receded from business not to exceed 10 minutes.

At 5:31 P.M., the Senate resumed.

Senator LAND proposed the following Amendment No. 158 (3610R069.JCL), which was adopted:

Amend the Finance Committee Report, as and if amended, Division III, Section 3, Page 92, proviso 129.75, Line 15, by striking / +5.0 / and inserting / +7.0 /

Amend title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators SALEEBY and SETZLER proposed the following Amendment No. 85 (SBD.2), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 3, line 22, by striking / 4,231,336 / and inserting therein / 4,321,336 /.

Amend sections, totals and title to conform.

Senator SALEEBY explained the amendment.

Senator SALEEBY moved that the amendment be adopted.

The amendment was adopted.

At 5:20 P.M., Senator GLOVER requested a leave of absence for the balance of the day.

At 7:50 P.M., Senator WILLIAMS requested a leave of absence for the balance of the day.

The Finance Committee proposed the following Amendment No. 156B (SBD.17), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 129.75, page 92, by striking lines 23 through 31 and inserting therein

/ -Sect. 18 Clemson University

+75.87 Federal

-13.85 Other

-Sect. 19 College of Charleston

+27.15 Other

-Sect. 22 USC - Columbia

-5.32 State

+1.19 Federal

+4.48 Other

-Sect. 23A USC - Medical School

+2.81 State

-2.08 Federal

-1.37 Other

-Sect. 23C USC - Aiken

+1.33 State

+0.06 Federal

+3.00 Other

-Sect. 23E USC - Spartanburg

+1.17 State

+0.75 Federal

+0.13 Other

-Sect. 23F USC - Beaufort

+0.79 State

-0.22 Federal

+0.51 Other

-Sect. 23G USC - Lancaster

+0.08 Federal

-0.50 Other

-Sect. 23H USC - Salkehatchie

-0.96 State

+0.22 Federal

-5.47 Other

-Sect. 23I USC - Sumter

+0.25 State

+1.02 Other

-Sect. 23J USC - Union

-0.07 State

-1.80 Other

-Sect. 24 Winthrop University

+1.00

-Sect. 25A Medical University of South Carolina

+0.15 State

+101.52 Federal

+157.57 Other

-Sect. 25B Medical University Hospital

-18.00 Federal

+340.19 Other

-Sect. 25C Cons. of Community Teaching Hospitals

-0.15 State

-1.78 Federal

-Sect. 27 Tech & Comprehensive Board

+413.00 Other

-Sect. 33 Dept. of Archives and History

-3.00 State

+3.00 Federal /

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 157 (3610R067.JCL), which was adopted:

Amend the Finance Committee Report, as and if amended, Division II, Section 1, Page 2, Line 3, by reducing the negative balance by $26,544 and inserting the appropriate total.

Amend further, Page 2, Line 12, by striking / $1,533 / and inserting / ($25,011) /

Amend title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

At 6:40 P.M., Senator MARTIN requested a leave of absence for the balance of the day.

Senators J. VERNE SMITH and PASSAILAIGUE proposed the following Amendment No. 81B (NO5\7307HC.93), which was tabled:

Amend the report, as and if amended, Division IV, Permanent Provisions, by striking SECTION 23 and inserting:

TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISTRIBUTION AND USE OF "C" FUNDS, SO AS TO REVISE THE DISTRIBUTION FORMULA, REQUIRE FIFTY PERCENT OF A COUNTY'S ALLOCATION TO BE EXPENDED IN FURTHERANCE OF A COUNTY-WIDE TRANSPORTATION PLAN ADOPTED BY A COUNTY TRANSPORTATION COMMITTEE, TO AUTHORIZE COUNTIES TO ADOPT REGIONAL TRANSPORTATION PLANS, TO PROVIDE FOR THE APPOINTMENT OF THE TRANSPORTATION COMMITTEE BY THE COUNTY LEGISLATIVE DELEGATION, TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY RECOMMEND EXPENDITURES TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE REMAINING FIFTY PERCENT OF THE COUNTY'S ALLOCATION, TO PROVIDE FOR THE USE OF "C" FUNDS, INCLUDING THE AUTHORIZATION OF STATE HIGHWAY BONDS TO BE REPAID FROM A PORTION OF THE COUNTY ALLOCATION, TO REQUIRE THE TRANSPORTATION PLANS TO BE APPROVED BY THE DEPARTMENT, AND TO REQUIRE THE DEPARTMENT TO ESTABLISH MINIMUM DESIGN AND CONSTRUCTION STANDARDS FOR "C" FUND PROJECTS.

A. Section 12-27-400 of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:

"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.
Seventy-five percent of a county's apportionment of "C" construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which "C" construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent "C" construction funds must be maintained by the governing body of the county. Roads constructed of rock using "C" construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent "C" construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.
The expenditure of funds known as "C" construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of "C" funds must be in an equitable manner in the incorporated and unincorporated areas of the county.
Each county legislative delegation must be notified by the department no later than July 30 of each year as to the balance of any unexpended C funds from the previous fiscal year. All unexpended C fund monies must remain in that account for the succeeding fiscal year and must be expended as provided for in this section.

(A) The monies collected by the commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway System for construction, improvements, and maintenance, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: (1) one-third in the ratio that the amount of revenue collected in the county pursuant to the tax imposed pursuant to Section 12-27-240 bears to the total of such revenue collected statewide; (2) one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and (3) one-third in the ratio which the mileage of all public roads in the county bears to the total public road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation. The Tax Commission shall add a line in the sales, use, and local option sales tax return form for the collection of information regarding the number of gallons of gasoline sold in each county for use in making allocations of `C' funds as provided in this section.

(B) Fifty percent of the funds expended must be approved by and used in furtherance of a county-wide transportation plan adopted by a transportation committee. The transportation committee must be appointed by the county legislative delegation and must be made up of fair representation from municipalities and unincorporated areas of the county. County transportation committees may join in approving a regional transportation plan, and the funds must be used in furtherance of the regional transportation plan. The legislative delegation members of the county in which the expenditures are to be made may recommend to the department expenditure of the remaining fifty percent of the funds. The expenditure of `C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.

(C) The funds allocated among the counties may be used to match federal highway funds, to secure bonds as provided in subsection (H), or to pay directly for appropriate projects. At least one-third of all funds must be used in each county for the maintenance and repair of roads and bridges built with `C' funds.

(D) Each county transportation committee and legislative delegation shall be notified by the department no later than July 30 of each year as to the balance of any unexpended `C' funds from the previous fiscal year. All unexpended `C' funds allocated to a county remain in the account for the succeeding fiscal year and must be expended as provided in this section.

(E) The countywide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation.

(F) The provisions of this section may not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation.

(G) The department shall establish minimum design and construction specifications for primary, secondary and local roads built with `C' funds. Primary and secondary specifications shall be based on nationally accepted standards and local specifications shall be based on local needs common throughout the State.

(H) There are authorized the issuance of state highways bonds for the completion of projects for which `C' funds may be expended for projects as determined by a County Transportation Committee. The applicable source for payment of principal and interest on the bonds is the share of `C' fund revenues available for use by the county transportation committee. The application for such bonds must be filed by the county transportation committee with the Department of Highways and Public Transportation and State Treasurer, which shall in turn forward the application to the State Budget and Control Board which shall consider the application in the same manner that it considers state highway bonds, mutatis mutandis."

B. This section takes effect July 1, 1993./

Amend sections, totals and title to conform.

Senator J. VERNE SMITH argued in favor of the adoption of the amendment and Senators BRYAN and DRUMMOND argued contra.

Senator PASSAILAIGUE argued in favor of the amendment and Senator LAND argued contra.

Senator LAND moved to lay the amendment on the table.

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

Bryan Drummond Ford
Gregory Holland Jackson
Land Lander Leventis
Macaulay Matthews McGill
Mescher Moore O'Dell
Peeler Rose Ryberg
Saleeby Short Smith, G.
Williams

Cork Courson Courtney
Elliott Giese Hayes
Leatherman *Martin McConnell
Mitchell Passailaigue Patterson
Reese Richter Russell
Setzler Smith, J.V. Stilwell
Thomas Waldrep Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Washington (Present) Aye

Rankin (Absent) Nay

The amendment was laid on the table.

Senator SALEEBY proposed the following Amendment No. 49B (436\11444AC.93), which was carried over:

Amend the report, as and if amended, Division IV, Permanent Provisions, by adding an appropriately numbered section to read:

TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON MOTOR VEHICLES AND OTHER ITEMS, SO AS TO INCREASE THE MAXIMUM TAX FROM THREE HUNDRED TO EIGHT HUNDRED DOLLARS AND TO DIVIDE EQUALLY THE EXCESS REVENUE GENERATED BETWEEN KINDERGARTEN THROUGH TWELFTH GRADE AND HIGHER EDUCATION.

Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"(A) The maximum tax imposed by this chapter is three eight hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three eight hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

Of the tax imposed pursuant to this subsection in excess of three hundred dollars on each enumerated item, one-half must be allocated to the Department of Education for kindergarten through twelfth grade and one-half must be allocated to the Commission on Higher Education for distribution under the formula."/

Renumber sections to conform.

Amend title to conform.

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

Senator LEVENTIS moved under Rule 18 to divide the question.

Amendment No. 49B was divided as follows:

Senator SALEEBY proposed the following amendment (436\11480AC.93):

Amend the report, as and if amended, Division IV, Permanent Provisions, by adding an appropriately numbered section to read:

TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON MOTOR VEHICLES AND OTHER ITEMS, SO AS TO INCREASE THE MAXIMUM TAX FROM THREE HUNDRED TO EIGHT HUNDRED DOLLARS.

Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"(A) The maximum tax imposed by this chapter is three eight hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three eight hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."/

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY proposed the following amendment (436\11481AC.93):

Amend the report, as and if amended, Division IV, Permanent Provisions, by adding an appropriately numbered section to read:

TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON MOTOR VEHICLES AND OTHER ITEMS, SO AS TO PROVIDE THAT ANY TAX COLLECTED IN EXCESS OF THREE HUNDRED DOLLARS MUST BE DIVIDED EQUALLY BETWEEN KINDERGARTEN THROUGH TWELFTH GRADE AND HIGHER EDUCATION.

Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended by adding at the end:

/Of the tax imposed pursuant to this subsection in excess of three hundred dollars on each enumerated item, one-half must be allocated to the Department of Education for kindergarten through twelfth grade and one-half must be allocated to the Commission on Higher Education for distribution under the formula./

Renumber sections to conform.

Amend title to conform.

Senator THOMAS raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senators SALEEBY and THOMAS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator SALEEBY appealed the ruling of the PRESIDENT.

At 7:12 P.M., Senator LEVENTIS assumed the Chair.

The question was, "Shall the ruling of the PRESIDENT be upheld?"

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

Cork Courson Courtney
Elliott Giese Gregory
Hayes Leatherman Macaulay
McGill Mescher Passailaigue
Peeler Richter Rose
Russell Ryberg Thomas
Williams Wilson

Bryan Drummond Ford
Holland Jackson Land
Lander Leventis Matthews
Mitchell Moore Patterson
Reese Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Waldrep Washington

McConnell (Present) Aye

Glover (Absent) Nay

The Ruling of the PRESIDENT was overturned.

At 7:20 P.M., the PRESIDENT assumed the Chair.

The question then was the adoption of Part A of Amendment No. 49B.

Senator SALEEBY proposed the following amendment (436\11480AC.93):

Amend the report, as and if amended, Division IV, Permanent Provisions, by adding an appropriately numbered section to read:

TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON MOTOR VEHICLES AND OTHER ITEMS, SO AS TO INCREASE THE MAXIMUM TAX FROM THREE HUNDRED TO EIGHT HUNDRED DOLLARS.

Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"(A) The maximum tax imposed by this chapter is three eight hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three eight hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."/

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY argued in favor of the adoption of the amendment and Senator COURSON argued contra.

Senator WASHINGTON argued in favor of the adoption of Part A of the amendment.

Senator COURSON moved to lay Part A of the amendment on the table.

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

Cork Courson Elliott
Giese Gregory Leatherman
Macaulay Mescher Passailaigue
Peeler Richter Rose
Russell Ryberg Smith, J.V.
Thomas Wilson

Bryan Drummond Ford
Hayes Holland Jackson
Land Lander Leventis
Matthews Mitchell Patterson
Reese Saleeby Setzler
Short Smith, G. Stilwell
Waldrep Washington

Senator WILSON asked unanimous consent to make a motion that Senator MARTIN be recorded as voting in favor of the motion to table Part A of the amendment without changing the outcome.

Senator PATTERSON objected.

McConnell (Present) Aye

Glover (Absent) Nay

Courtney (Present) Aye

Moore (Absent) Nay

At 7:50 P.M., Senator MOORE requested a leave of absence until 10:00 P.M.

The Senate refused to table Part A of the amendment. The question then was the adoption of Part A of the amendment.

Senator THOMAS argued contra to the adoption of Part A of the amendment.

At 8:37 P.M., on motion of Senator THOMAS, the Senate receded from business not to exceed five minutes.

At 8:43 P.M., the Senate resumed.

Senator THOMAS continued arguing contra to the adoption of Part A of the amendment.

Senator THOMAS moved to lay Part A of the amendment on the table.

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

Cork Courson Courtney
Elliott Giese Gregory
Macaulay Mescher Peeler
Richter Rose Russell
Ryberg Thomas Wilson

Bryan Drummond Ford
Hayes Holland Jackson
Land Lander Leventis
Matthews Mitchell Moore
Patterson Reese Saleeby
Setzler Short Smith, G.
Stilwell Waldrep Washington

McConnell (Present) Aye

Glover (Absent) Nay

The Senate refused to table Part A of the amendment. The question then was the adoption of Part A of the amendment.

Senators GREGORY and WILSON argued contra to the adoption of Part A of Amendment 49B.

At 9:45 P.M., Senator DRUMMOND moved under Rule 15A to set a time certain of 10:15 P.M. this evening to vote on the entire Amendment No. 49B.

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

Bryan Drummond Ford
Hayes Holland Jackson
Land Lander Leventis
Macaulay Matthews McGill
Mitchell Moore Patterson
Saleeby Short Smith, G.
Smith, J.V. Waldrep Washington

Cork Courson Courtney
Elliott Giese Gregory
Leatherman Mescher Passailaigue
Peeler Reese Richter
Rose Russell Ryberg
Setzler Stilwell Thomas
Wilson

Having failed to receive the necessary vote, the motion failed.

Senator WILSON argued contra to the adoption of Part A of Amendment No. 49B.

At 10:52 P.M., Senator LEATHERMAN assumed the Chair.

Senator WILSON continued arguing contra to the adoption of Part A of Amendment No. 49B.

Senator CORK made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator WILSON continued arguing contra to the adoption of Part A of Amendment No. 49B.

Senator HAYES asked unanimous consent, with Senator WILSON retaining the floor, to make a motion to carry over Amendment No. 49B.

Senator DRUMMOND objected.

Senator WILSON continued arguing contra to the adoption of Part A of Amendment No. 49B.

Senator DRUMMOND asked unanimous consent, with Senator WILSON retaining the floor, to make a motion to carry over Amendment No. 49B.

Senator RYBERG objected.

At 10:50 P.M., Senator McCONNELL requested a leave of absence until 8:00 A.M., Sunday, May 23, 1993.

Senator WILSON continued arguing contra to the adoption of Part A of Amendment No. 49B.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 49B was carried over, with Senator WILSON retaining the floor.

Senators DRUMMOND and SALEEBY proposed the following Amendment No. 181 (BBM\10629AL.93), which was adopted:

Amend the report, as and if amended, Division IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 12-37-930 OF THE 1976 CODE, RELATING TO DEPRECIATION ALLOWANCES, SO AS TO PROVIDE AN ALTERNATIVE MEANS TO CALCULATE THE DEPRECIATION CONCERNING A USEFUL LIFE OF MACHINERY AND EQUIPMENT.

The last paragraph of Section 12-37-930 is amended to read:

"Notwithstanding the percentage allowance stated in the schedule above, the Commission may, after examination of the relevant facts, may permit an adjustment in the percentage allowance, with the total allowance not to exceed twenty-five percent, on account of extraordinary obsolescence. The commission may set forth a depreciation allowance, instead of the depreciation allowance provided in this section, not to exceed twenty-five percent where the taxpayer can provide relevant data concerning a useful life of the machinery and equipment which is different than the period shown in this section."/

Amend title to conform.

Senator SALEEBY explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 175 (SBD.16), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Page 82, after line 14 by adding an appropriately numbered proviso to read:

/ 29. . (Alternate Fuels Program) The Department of Education shall have the authority to participate in a Clean fuels demonstration project supported by federal, State and private funds. The Department of Education shall be allowed to expend appropriated funds to support a maximum of four (4) Department school vehicles for the specific purposes of this project. /.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 178 (BBM\10634AC.93), which was adopted:

Amend the amendment introduced by Senator Leventis, et al designated document number 436\11471AC.93 by deleting subsection (A) of Section 59-54-20 and inserting:

(A) The State Council on Vocational and Technical Education membership shall comply with all requirements of federal law. In addition, a majority of the council membership appointed by the Governor must be members of the Commission on Higher Education, provided that members of the commission meet the federal requirements of the establishment of the council. Further, at least four members of the council must represent secondary vocational education.

Renumber sections to conform.

Amend totals and title to conform.

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

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senators LEVENTIS, ROSE, PASSAILAIGUE and GIESE proposed the following Amendment No. 130 (436\11471AC.93), which was adopted:

Amend the Report, as and if amended, Division IV, Permanent Provisions, by adding an appropriately numbered section to read:

TO AMEND SECTION 59-54-20 OF THE 1976 CODE, RELATING TO THE STATE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION, SO AS TO PROVIDE THAT MEMBERSHIP ON THE COUNCIL SHALL COMPLY WITH FEDERAL LAW AND SHALL INCLUDE MEMBERS OF THE COMMISSION ON HIGHER EDUCATION, TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL SERVE AS THE STATE OCCUPATIONAL TRAINING ADVISORY COMMITTEE, AND TO TERMINATE THE TERMS OF THE CURRENT MEMBERS OF THE COUNCIL JUNE 30, 1993, AND TO DIRECT THE GOVERNOR TO APPOINT NEW MEMBERS.

A. Section 59-54-20 of the 1976 Code is amended to read:

"Section 59-54-20. (A) The State Council on Vocational and Technical Education membership shall comply with all requirements of federal law. In addition, a majority of the membership appointed by the Governor to the Council on Vocational and Technical Education must be members of the Commission on Higher Education.

(B) The State Council on Vocational and Technical Education Commission on Higher Education shall also serve as the State Occupational Training Advisory Committee and in this regard has the following responsibilities shall make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's office, and the public for:

(1) make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for improving the coordination among the state's plans and programs for adult vocational education, adult basic and adult secondary education, post-secondary technical education, and secondary vocational education.;

(2) make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for assuring the compatibility of these educational plans and programs with the state's economic development strategies.;

(3) make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, the Governor's Office, and the public for improving the articulation between secondary vocational education and post-secondary technical education and between post-secondary technical education and four-year degree programs.;

(4) make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for improving service to groups or communities in the State which are unserved or underserved and need additional training and education to be employed or to move into the work force and off of public assistance.;

(5) make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for improving the accountability systems and effectiveness of the adult vocational education, adult basic and adult secondary education, post-secondary technical education, and secondary vocational education programs.;

(6) make recommendations to the State Board of Education, the State Board for Technical and Comprehensive Education, the Governor's Office, and the public for improving the implementation of the provisions of the South Carolina Employment Revitalization Act of 1986."

B. The terms of all members of the State Council on Vocational and Technical Education, as of June 30, 1993, expire on July 1, 1993. The Governor shall appoint new members to the State Council on Vocational and Technical Education by July 2, 1993.

C. This section takes effect June 30, 1993./

Renumber sections to conform.

Amend totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senators LEVENTIS, GIESE and ROSE proposed the following Amendment No. 180 (JIC\6062AC.93), which was adopted:

Amend the report, as and if amended, DIVISION II, SECTION 26, Advisory Council Vocational and Technical Education, page 3, line 20, by deleting /(166)/ and inserting /(78,789)/; SECTION 15, Higher Education Commission, page 2, line 42, by deleting /(54,301)/ and inserting /(14,860)/; SECTION 128, REVENUE, by deleting /(25,870,253)/ and inserting /(25,830,905)/.

Renumber sections to conform.

Amend totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 179 (EMS.013), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Amendments to Numbered Paragraphs, Section 3, paragraph 129.75, page 92, by inserting after Section 25B, line 28,

/ -Sect. 26 Advisory Council Vocational and Technical Education

-2 State

-2 Federal /.

Amend Further, Division III, Amendments to Numbered Paragraphs, Section 3, paragraph 129.75, page 92, by inserting after Section 11, line 21:

/ -Sect. 15 Higher Education Commission

+2 State

+1 Federal /.

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senators LEVENTIS, ROSE and PASSAILAIGUE proposed the following Amendment No. 129 (436\11472AC.93), which was adopted:

Amend the amendment sponsored by Senators Leventis, Rose, Passailaigue, and Giese, dated May 19, 1993, and designated document number 436\11471AC.93, as and if amended, by inserting at the end of Section B of the amendment before /./ /;however, no member of the State Council on Vocational and Technical Education whose term expires on July 1, 1993, pursuant to this section, may be appointed by the Governor to the council/.

Renumber sections to conform.

Amend totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

At 11:15 P.M., the PRESIDENT assumed the Chair.

Senator SETZLER proposed the following Amendment No. 176 (EMS.012), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 48. . Provided, notwithstanding any other provision of law, any person required to take and pass the Education Entrance Examination, pursuant to Section 59-26-20(e)(2), who fails to achieve a passing score after three or more attempts shall be allowed to retake the test upon petitioning the State Superintendent of Education and the Chair of the State Board of Education and submitting evidence of a remediation effort since the prior taking of the test. /.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator RICHTER proposed the following Amendment No. 148 (N05\7296BD.93), which was tabled:

Amend the Finance Committee Report, as and if amended, DIVISION II, page 5, line 24, by striking /(25,870,253)/ and inserting /(27,190,253)/.

Amend further, DIVISION IV, SECTION 55, page 222, line 39, by striking /lieu of/ and inserting /addition to/ and page 223, beginning on line 3, by striking /one thousand/ and inserting /two hundred/.

Amend totals and title to conform.

Senator DRUMMOND spoke on the amendment.

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

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MATTHEWS proposed the following Amendment No. 167 (3610R091.JWM), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 5, line 24, by striking / (25,870,253) / and inserting therein / (20,447,905) /.

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 3, line 22, by striking / 4,231,336 / and inserting therein / 7,414,336 /.

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Proviso 28.83, page 78, line 38, by striking / $28,528,899 / inserting therein:

/ $31,711,899 /.

Amend sections, totals and title to conform.

Senator MATTHEWS argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER desired to be recorded as abstaining from voting on the adoption of the amendment.

Senator MESCHER desired to be recorded as voting against adoption of the amendment.

I wish the Journal to reflect that I abstained from voting on this amendment to avoid the appearance of a conflict of interest and to be in full compliance with the spirit and the letter of Section 8-13-745 of the South Carolina Code.

Having voted on the prevailing side, Senator ROSE moved to reconsider the vote whereby Amendment No. 81B (N05\7307HC.93), proposed by Senators J. VERNE SMITH and PASSAILAIGUE was laid on the table.

Senator LAND moved to table the motion to reconsider.

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

Bryan Drummond Ford
Gregory Holland Jackson
Land Lander Leventis
Macaulay Matthews McGill
Moore O'Dell Patterson
Peeler Ryberg Saleeby
Short Smith, G. Waldrep
Washington

Cork Courson Courtney
Elliott Giese Hayes
Leatherman McConnell Mescher
Mitchell Passailaigue Reese
Richter Rose Russell
Setzler Smith, J.V. Stilwell
Thomas Wilson

The motion to reconsider was laid on the table.

Senators ROSE and RICHTER proposed the following Amendment No. 43A (3610R035.MTR), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, page 64, after line 36, by adding an appropriately numbered SECTION to read:

/4.______. Whenever the Court shall order appointment of counsel or expert witnesses to assist an indigent person in the presentation of a defense pursuant to the provisions of Section 16-3-26 of the 1976 Code, the Clerk of Court in the county in which any cost or fee is awarded shall report these costs and fees to the Chief Justice of the Supreme Court, who shall be required to make an annual written accounting to the General Assembly not later than the third Tuesday in January. The accounting must include the name and number of the case, the name of the judge or judges making the appointment or award, the nature of the specific services provided by the expert witness or witnesses, the specific purpose for which the expert services were ordered and the total costs of the services provided. /.

Amend sections, totals and title to conform.

Senator RICHTER explained the amendment.

Senator RICHTER moved that the amendment be adopted.

The amendment was adopted.

Senators O'DELL and McGILL proposed the following Amendment No. 113 (3610R054.WHO), which was adopted:

Amend the Finance Committee Report, as and if amended, Division III, Section 3, Page 76, Line 19, by adding a new proviso to read:

/ 15 . In considering the comprehensive funding needs of the various institutions of higher learning, the General Assembly has taken cognizance of the decisions of federal courts in various jurisdictions which have held that single-gender institutions of higher learning provide valuable and unique educational opportunities and are constitutionally permissible based on legitimate public policy considerations which justify single-gender education.

Studies conducted by several scholars have concluded that for a variety of reasons single-gender institutions have advantages over coeducational institutions in numerous areas, and the data developed suggests that the differences between a single-gender student population and a coeducational one justify a state's offering single-gender education.

A state nevertheless must appropriate its available funds so as to provide constitutionally permissible single-gender opportunities in higher education based on public policy considerations governing the expenditure of funds in support of higher education which justify single-gender classifications as being in the best interests of the providing state.

The General Assembly, by this proviso, declares and stipulates that the public policy considerations and state interests of South Carolina in establishing, supporting, and providing for single-gender institutions of higher learning are as follows:

A. Policy of Diversity.

South Carolina believes that its institutions of higher learning should be diverse as to size, competitiveness, program emphasis, student population, and location so as to provide students with a variety of academic opportunities and experiences. In compliance with this policy of diversity, South Carolina has established a variety of diverse educational post-secondary institutions ranging from small colleges to large regional universities, from liberal arts programs to specific research-based programs, from two-year institutions to four-year institutions with no graduate programs and to four-year institutions with comprehensive graduate and professional schools. In this context, a policy of diversity should include places for single-gender institutions within the overall higher education system of this State. The single-gender institutions this State has supported over the years have been as a result of the legitimate state interest and desire for diversity in its educational institutions, and a belief that a diverse state program that includes both single-gender programs and coeducational programs better meets the individual needs of students than does a program or policy that requires all students, without regard to individual needs, to attend coeducational colleges.

B. Policy of Meeting Need and Demand.

A need for single-gender educational programs exists in South Carolina in the opinion of its citizens, and a public demand for them continues. The citizens of South Carolina want these programs and the public interest is well served by them. A tremendous demand exists now and has historically existed for the type of single-gender opportunities the State has offered. It may be true that this demand is somewhat unique to South Carolina and other similar states and does not necessarily exist throughout the country but, nevertheless, where sufficient demand has existed for particular single-gender programs of either gender thereby justifying the expenditure of public funds to support such programs, the State of South Carolina has supported such programs and has a valid state interest in doing so. The current single-gender situations in South Carolina are popular, fully-subscribed, and flourishing and clearly the State has a legitimate public policy interest in offering and providing the types of educational experiences, including single-gender ones, that its taxpayers and citizens desire and support. In addition, where a single-gender institution produces graduates of a particular discipline, training, or expertise, and the record shows that this type of training could not be as successfully developed at a coeducational institution, a legitimate and important state interest is served if the State through its agencies and programs or the nation through its agencies and programs utilizes these graduates for compelling state or national needs.

C. Policy of Autonomy.

In the system of higher education in place in South Carolina, each institution of higher learning is governed by a board of trustees which governs the institution subject to the general law and in conjunction with the Commission on Higher Education. The General Assembly has directed the Commission on Higher Education and the state's institutions of higher learning to seek to create an environment in which each institution can pursue its own mission within the broader statewide framework.

The missions of South Carolina's sixty-two public and independent post-secondary institutions vary widely. Research universities offer degree programs through the doctoral level and professional programs consistent with their respective missions. In addition, their missions emphasize funded research and public service activities that complement academic programs. Within the context of their variety of roles and missions, senior colleges offer a broad range of degree programs including graduate programs at the master's degree level in selected fields as well as public service and research programs. This comprehensive system as a matter of public policy should include an institution's right to choose to offer a single-gender program if sufficient demand for such a program exists and if the program fits within the broad framework of the overall state educational system.

The General Assembly as part of its stated public policy of allowing each institution the autonomy within certain guidelines to develop individualized mission statements and programs has therefore determined that it is consistent with its stated policy of institutional autonomy for an institution to offer a single-gender opportunity accomplished through the enactment of such vehicles as specific admission requirements based on gender or other similar requirements.

D. Policy of Economy of Resources.

The resources of the State of South Carolina available for higher education are becoming more and more scarce, and it is mandatory and a compelling public policy and state interest that the available resources and funding for each institution of higher learning be used in the most efficient and effective manner possible.

Studies have shown that single-gender programs provide a diversity of choice for the individual and varying needs of students in the most efficient, economical, and prudent manner possible and with the maximum utilization of the resources and assets of the State. This is true because single-gender programs avoid the duplication and additional expense that would be incurred if an attempt was made to offer the unique characteristics of a single-gender program at a coeducational institution. A single-gender institution can deliver some specific programs including those with holistic or adversarial characteristics at less cost than can a coeducational institution and the State has a legitimate public policy interest in providing these types of programs at the least possible cost. Also, consistent with its policy of providing single-gender educational opportunities for the reasons enumerated herein, the State of South Carolina has found that the physical plant of a single-gender institution must have certain characteristics different from those of a coeducational institution for the purpose of ensuring privacy, safety, and for other such considerations. To attempt to construct or adapt the physical plant of a single-gender institution for the purpose of making it suitable for coeducation would be prohibitively expensive.

Consequently, given the fiscal situation in South Carolina and given the competing demands on its scarce resources, it is in the best interest of the State and a prudent public policy for single-gender institutions to be part of this state's higher education system so that unique programs may be offered to interested students in the most economical and efficient manner possible without unnecessary duplication and additional expense.

E. Policy of Choice.

Single-gender institutions and their programs provide a freedom of choice to students and their families, and the General Assembly believes as a matter of public policy that this is a freedom for individual choice that does not need to be destroyed. Ample choices and opportunities for college educations in mixed-gender coeducational environments exist in South Carolina and in other states and those individuals desiring a single-gender choice should also have the opportunity to make such a choice. Single-gender institutions are not inherently unconstitutional or unlawful, and the General Assembly believes that as a matter of public policy it has a duty to offer its citizens the widest range of educational opportunities it can offer in the manner allowed by law, including single-gender opportunities, so that interested students are free to choose an institution which, due to its distinctive educational methods, is not diminished or impaired as a result of a coeducational requirement; and

For the reasons and policies above provided, South Carolina has historically supported and continues to support single-gender educational institutions as a matter of public policy based on legitimate state interests where sufficient demand has existed for particular single-gender programs thereby justifying the expenditure of public funds to support such programs.

Presently in South Carolina single-gender educational opportunities exist for men at The Citadel, but do not exist for women in all areas and the members of the General Assembly, by this proviso, express their belief that it is appropriate for this State to begin the process of providing single-gender educational opportunities for women. /

Amend title to conform.

Senator O'DELL explained the amendment.

Senator CORK moved to lay the amendment on the table.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

To avoid even an appearance of a potential conflict of interest as delineated in Section 8-13-700(B), I wish the Journal to reflect that I did not participate or attempt to influence the decision with regard to Amendment No. 113 to H. 3610, as there are pending contractual negotiations between The Citadel and a business with which I am associated.

Senator LAND proposed the following Amendment No. 152A (0017.MKT), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 122A.4, page 87, line 30, by striking / ,except that before any per capita allocation, $75,000 must be credited to each county /.

Amend further, as and if amended, DIVISION II, page 5, line 24, by striking / (25,870,253) / and inserting therein / (15,870,253) /.

Amend further, as and if amended, DIVISION II, page 2, line 13, by striking / (510,863) / and inserting therein / 239,137 /.

Amend further, as and if amended, DIVISION II, page 2, line 16, by striking / (477,870) / and inserting therein / 22,130 /.

Amend further, as and if amended, DIVISION II, page 2, line 24, by striking / (228,873) / and inserting therein / 271,127 /.

Amend further, as and if amended, DIVISION II, page 4, line 3, by striking / (3,708,360) / and inserting therein / (378,360) /.

Amend further, as and if amended, DIVISION II, page 4, line 4, by striking / 813,287 / and inserting therein / 2,013,287 /.

Amend further, as and if amended, DIVISION II, page 5, line 21, by striking / 4,996,809 / and inserting therein / 6,716,809 /.

Amend further, as and if amended, DIVISION II, page 2, after line 25, by inserting / COMM ON INDIGENT DEFENSE 2,000,000 /

Amend titles and totals to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 144 (JIC\6053HC.93), which was adopted:

Amend the bill, as and if amended, in DIVISION IV, Permanent Provisions, page 206, by striking SECTION 45 and inserting:

TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-213 SO AS TO IMPOSE AN ADDITIONAL SURCHARGE OF FIVE PERCENT NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ON THE FINE IMPOSED FOR SPECIFIED CRIMINAL OFFENSES; TO CREDIT THE ADDITIONAL REVENUES TO THE GENERAL FUND OF THE STATE; TO DESIGNATE SECTIONS 17-3-10 THROUGH 17-3-110 OF THE 1976 CODE AS ARTICLE 1, CHAPTER 3, TITLE 17 ENTITLED "GENERAL PROVISIONS"; TO AMEND CHAPTER 3 OF TITLE 17, RELATING TO DEFENSE OF INDIGENTS BY ADDING ARTICLE 3, SO AS TO ESTABLISH THE COMMISSION ON INDIGENT DEFENSE AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES AND TO ESTABLISH THE OFFICE OF INDIGENT DEFENSE; TO AMEND SECTION 16-3-26, RELATING TO DEFENSE OF INDIGENTS IN CAPITAL CASES, SO AS TO, AMONG OTHER THINGS, ESTABLISH MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS, EXPERT WITNESSES, AND INVESTIGATIVE ASSISTANCE AND TO REQUIRE A HEARING ON FEES, COSTS, AND OTHER EXPENSES AND TO REQUIRE THE SUPREME COURT TO PROMULGATE GUIDELINES CONCERNING QUALIFICATIONS NECESSARY TO BE A DEATH PENALTY QUALIFIED ATTORNEY; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO PERSONS UNABLE TO EMPLOY COUNSEL, SO AS TO, AMONG OTHER THINGS, IMPOSE AN APPLICATION FEE FOR PUBLIC DEFENDER SERVICES TO BE USED EXCLUSIVELY FOR CERTAIN DEFENSE OF INDIGENTS; TO AMEND SECTION 17-3-50 AND SECTION 17-3-80, AS AMENDED, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO, AMONG OTHER THINGS, ESTABLISH MAXIMUM HOURLY RATES AND MAXIMUM PAYMENTS FOR APPOINTED ATTORNEYS, EXPERT WITNESSES, AND INVESTIGATIVE ASSISTANCE, AND TO PROVIDE FOR FUNCTIONS OF THE OFFICE OF INDIGENT DEFENSE; AND TO REPEAL SECTION 17-23-70, RELATING TO THE APPOINTMENT OF COUNSEL IN CAPITAL CASES.

A. The 1976 Code is amended by adding:

"Section 14-1-213. In addition to all other fees, fines, and court costs, there is imposed a surcharge of five percent of the amount of the fine up to a maximum of two hundred fifty dollars on every person who is convicted of, pleads guilty to, or pleads nolo contendere to an offense in (1) general sessions court, or (2) magistrates' courts or municipal courts of this State, except for a nonmoving traffic offense. This fee must not be waived, reduced, or suspended. The clerk of court, magistrate, or municipal court judge shall collect the surcharges imposed by this section and remit the proceeds to the State Treasurer on a monthly basis. The monies collected under the provisions of this subsection must be deposited to the credit of the general fund of the State."

B. Sections 17-3-10 through 17-3-110 of the 1976 Code are designated Article 1, Chapter 3, Title 17 of the 1976 Code entitled "General Provisions".

C. Chapter 4, Title 17 of the 1976 Code is amended by adding:

Section 17-3-310. (A) There is created the Commission on Indigent Defense consisting of seven members appointed by the Governor on the recommendation of the South Carolina Public Defender Association as follows:

(1) one from each congressional district; and

(2) one from the State at large who shall serve as chairman.

Members shall serve for terms of four years and until their successors are appointed and qualify except that those first appointed to represent the first, third, and fifth congressional districts shall serve for a two-year term. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. No person may be appointed to the commission or, once appointed, may continue to serve on the commission unless the person is a public defender.

(B) The commission may adopt an appropriate seal and promulgate regulations consistent with the provisions of this article to govern its operations and procedures and shall supervise the operations of the Office of Indigent Defense.

Section 17-3-320. There is created the Commission on Indigent Defense under the jurisdiction of the commission. The office must be administered by a chief attorney appointed by the commission together with such other administrative and clerical staff as the commission considers necessary. No person may be appointed chief attorney who is not licensed to practice law in this State.

Section 17-3-330. The Office of Indigent Defense shall:

(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to counties pursuant to formula, funds for the defense of capital cases, and other funds appropriated for these purposes;

(2) perform those functions provided under Section 16-3-26(G);

(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;

(4) implement other duties the commission may direct; and

(5) report annually to the General Assembly on the indigent defense system.

Section 17-3-340. All expenses of the Commission on Indigent Defense and the Office of Indigent Defense must be paid from revenues derived from fines imposed pursuant to Section 14-1-213 which are not distributed to counties pursuant to a funding formula provided by law."

(D) Section 16-3-26 of the 1976 Code is amended to read:

"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.

(B) 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 two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.

Notwithstanding any other provision of law, the court shall order payment of all fees and costs, not to exceed five thousand dollars per trial from funds appropriated to the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds appropriated to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel.

(C) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from state funds appropriated for the defense of indigents, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel or the public defender.

(D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.

(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.

(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.

(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated."

(E) Section 17-3-30 of the 1976 Code, as last amended by Act 356 of 1988, is further amended to read:

"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina.

(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court for a waiver or reduction in the application fee. In the event the clerk determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The monies collected pursuant to this provision shall be used for the payment of court-appointed private counsel to represent indigent defendants and the fees and expenses court-ordered in the defense of all indigents whether they are represented by the public defender corporation of the county or court-appointed private counsel. However, each county public defender corporation shall receive an annual appropriation from this fund.

(C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified."

(F) Section 17-3-50 of the 1976 Code is amended to read:

"Section 17-3-50. (A) When private counsel is appointed pursuant to this chapter and in accordance with a plan of appointment promulgated by the bar of each county, he shall be paid a reasonable fee to be determined on the basis of ten forty dollars per hour for time spent out of court and fifteen sixty dollars per hour for time spent in court. In no event, however, shall such fee exceed the sum of five hundred dollars in a noncapital case and seven hundred and fifty dollars in a capital case through final judgment on trial. The same hourly rates shall apply on appeal and in post-conviction proceedings provided that such fee shall not exceed the sum of five hundred dollars. Compensation shall not exceed three thousand five hundred dollars in a case in which one or more felonies is charged and one thousand dollars in a case in which only misdemeanors are charged. Compensation shall be paid from funds appropriated to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel. The same basis shall be employed to determine the value of services provided by the office of the public defender for purposes of Section 17-3-40 hereof.

(B) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment, from state funds appropriated for the defense of indigents, of fees and expenses not to exceed five hundred dollars as the court shall deem appropriate.

(C) Payment in excess of the hourly rates and limits in subsection (A) or (B) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred.

(D) Nothing in this section shall be construed to alter the provisions of Section 17-3-10 concerning those defendants who are entitled to legal representation."

(G) Section 17-3-80 of the 1976 Code, as last amended by Act 142 of 1987, is further amended to read:

"Section 17-3-80. In addition to the appropriation in Section 17-3-70, there is appropriated for the fiscal year commencing July 1, 1969, the sum of fifty thousand dollars for the establishment of the defense fund which must be administered by the Judicial Department Office of Indigent Defense. This fund must be used to reimburse private-appointed counsel, public defenders, and assistant public defenders for necessary expenses, not to exceed two thousand dollars for each case, actually incurred in the representation of persons pursuant to this chapter, so long as the expenses are approved by the trial judge. No reimbursement may be made for travel expenses except extraordinary travel expenses approved by the trial judge. The total state funds provided by this section may not exceed fifty thousand dollars."

(H) Section 17-23-70 of the 1976 Code is repealed.

(I) This section takes effect July 1, 1993, and the five percent surcharge on criminal fines and the public defender services' application fee shall be collected for every offense occurring on or after July 1, 1993. The payment schedule set forth in Section 17-3-50 shall apply to any case for which the arrest has occurred, or for which the warrant or indictment has been issued, on or after July 1, 1993. The payment schedule set forth in Section 16-3-26 shall apply to any case for which the indictment was issued on or after December 7, 1992./

Renumber sections to conform.

Amend totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator MITCHELL proposed the following Amendment No. 23 (004.DLR), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 43.____ The Department shall require all AFDC applicants and/or recipients to provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the Department shall assist in referring applicants to appropriate county health departments to obtain the immunizations. /.

Amend sections, totals and title to conform.

Senator MITCHELL explained the amendment.

Senator MITCHELL moved that the amendment be adopted.

The amendment was adopted.

Senators COURTNEY and PEELER proposed the following Amendment No. 142 (BBH.6), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 14K.-- (Employee Pay Raise) Except for the exemptions listed in this proviso, the FY94 general fund appropriations of each agency of the state shall be reduced by 2.49% in order to provide a base pay increase for state employees. The Budget & Control Board shall develop a plan for the reduction of appropriations and the distribution of $32,700,000 designated for employee pay increases so as to carry out the intent of the General Assembly as follows:

A. The budget sections exempt from the 2.49% reduction to fund the pay increase are: Section 4-Judicial Department; Section 14Q-B&C Board Employee Benefits; Section 14R-B&C Board Capital Reserve Fund; Sections 15 through 28, Higher Education and State Department of Education; Section 119-Debt Service, and Section 122A and 122B-Aid to Subdivisions.

B. The 2.49% reduction may not be taken from appropriations for personal service except for positions vacated due to attrition or retirement.

C. The base pay increase shall be allocated by the Budget and Control Board to various state agencies to provide pay increases for employees in accordance with the following plan:

1. Effective on the first pay date which occurs on or after July 1 of the current fiscal year, the compensation of classified and unclassified employees making $35,000 or less shall be increased by 3% and the compensation of classified and unclassified employees making more than $35,000 shall be increased by 2.0%

2. Appropriated funds may be used for compensation increases for classified and unclassified employees only in the same ratio that the person's base salary is paid from appropriated sources.

3. Base pay increases shall not be awarded to classified employees in amounts having the effect of raising base salaries above the new adjusted maximum of their pay ranges.

4. Longevity payments shall not be considered a part of the base salary of the employee for the purpose of awarding a base pay increase.

D. Statewide elected officials, constitutional officers, temporary positions, whether full or part-time, agency heads, and judicial officers shall not be eligible for any compensation increases as provided in this Act unless otherwise specified in this Act.

Amend further, DIVISION III, Section 2, on p.46, line 13, by striking / 100% / and inserting / 103% /.

Amend further, DIVISION III, Section 2, on p. 50, line 25, by striking /$14,864/ and inserting / $15,310 /.

Senator COURTNEY explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

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

Bryan Drummond Land
Leatherman Leventis Matthews
Mitchell Moore Passailaigue
Patterson Smith, J.V. Stilwell
Thomas

Cork Courson Courtney
Elliott Ford Giese
Gregory Hayes Holland
Jackson Lander Macaulay
McConnell McGill Mescher
O'Dell Peeler Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Smith, G. Waldrep Washington
Wilson

Short

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator PEELER asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion that the Senate stand adjourned to reconvene at 10:00 A.M. on Friday, May 21, 1993.

Senator DRUMMOND objected.

Senators DRUMMOND, BRYAN, J. VERNE SMITH, MATTHEWS, MOORE, PASSAILAIGUE, LEATHERMAN, MITCHELL and WASHINGTON argued contra to the adoption of the amendment and Senator GIESE argued in favor of the adoption of the amendment.

Senator MITCHELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senators COURTNEY and PEELER proposed the following Amendment No. 143 (BBH.7), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 14K.-- (Bonus Payment) Except for the exemptions listed in this proviso, the FY94 general fund appropriations of each agency of the state shall be reduced by 1% in order to provide a one-time bonus for state employees. The State Budget and Control Board shall develop a plan for the reduction of appropriations and the distribution of $13,129,720 designated for the employee bonus so as to carry out the intent of the General Assembly as follows:

A. The budget sections exempt from the 1% reduction to fund the pay increase are: Section 4-Judicial Department; Section 14Q-B&C Board Employee Benefits; Section 14R-B&C Board Capital Reserve Fund; Sections 15 through 28-Higher Education and State Department of Education; Section 119-Debt Service, and Section 122A and 122B-Aid to Subdivisions.

B. The 1% reduction may not be taken from appropriations for personal service except for positions vacated due to attrition or retirement.

C. Effective on the first pay day after November 30, 1993, each state employee who has been in continuous state service since June 2, 1993, is eligible to receive a one-time lump-sum payment. Effective on the date of the lump-sum payment, a total of $13,129,720 shall be distributed to state employees. Employees who earn $25,000 or less shall receive twice as much as those employees who earn more than $25,000.

D. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employer or employee contributions to respective retirement systems.

E. This appropriation may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources.

F. Legislative and Judicial employees, including permanent part-time employees must receive the above one-time lump-sum payment regardless of their hire date; however, no additional funds are provided for these payments. The bonus for the employees in the Legislature and Judiciary must be funded out of their respective budgets.

G. The lump-sum payment to which a classified state employee, who was employed on June 1, 1993 and who died after June 1, 1993 but before December 1, 1993 would have been entitled under this provision had the employee remained in continuous state service until December 1, 1993, must be paid to his estate if open, and to the residual heirs or beneficiaries of the employee's estate if the estate has been closed. The payment required by this provision must be made by the State Treasurer upon warrant of the Comptroller General from the state general fund in the manner the Budget and Control Board shall direct within thirty days after the estate, heirs, or beneficiaries notify the Division of Human Resource Management of the Budget and Control Board of the person or entity to whom the payment should be made. The Division may require proof of proper inheritance as it considers necessary. /.

Amend sections, totals and title to conform.

Senator COURTNEY explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

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

Bryan Drummond Ford
Hayes Holland Jackson
Land Leatherman Leventis
Matthews McConnell McGill
Mitchell Moore O'Dell
Passailaigue Patterson Reese
Rose Short Smith, J.V.
Stilwell Thomas Waldrep
Washington

Cork Courson Courtney
Elliott Giese Gregory
Lander Macaulay Mescher
Peeler Richter Russell
Ryberg Smith, G. Wilson

The amendment was laid on the table.

At 1:30 A.M., Senator PEELER asked unanimous consent to make a motion that the Senate stand in recess for ten minutes.

Senator DRUMMOND objected.

Senators McCONNELL and PASSAILAIGUE proposed the following Amendment No. 155A (005.DLR), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3 by adding an appropriately numbered proviso to read:

/ 66._____ Of the admission tax funds carried forward into FY 1993-94, the Department may allocate $300,000 to perform necessary repairs to Charlestowne Landing. /.

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Senator Passailaigue proposed the following Amendment No. 9 (3610R008.ELP), which was tabled:

Amend the Finance Committee Report, as and if amended, Division IV, Page 101, Section 7, by striking Section 7 and inserting a new Section 7 to read as follows:

TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE BY WHICH VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ARE ADOPTED FOR STATE INCOME TAX AND TO ADD A NEW CODE SECTION 12-7-25 TO PROHIBIT DECREASED OR INCREASED STATE INCOME TAX LIABILITY WHEN THE STATE INCOME TAX LAW IS CHANGED TO MAINTAIN CONFORMITY WITH THE FEDERAL INCOME TAX LAW.

SECTION A. Section 12-7-20(11) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:

" (11) `Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1992. "

SECTION B. Chapter 7 of Title 12 of the 1976 Code is amended by adding:

"Section 12-7-25. No change in the state income tax law enacted to maintain conformity with the federal income tax law may result in decreased or increased state income tax liability for a taxpayer. The requirement provide in this section must be included in legislation to achieve conformity." /

Amend title to conform.

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

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYAN proposed the following Amendment No. 140 (3610R087.JEB), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV, SECTION 6, page 98, beginning on line 14, by striking the SECTION in its entirety.

Amend sections, totals and title to conform.

Senator BRYAN explained the amendment.

Senator LEVENTIS spoke on the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator Leatherman proposed the following Amendment No. 91A (3610R059.HKL), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV, SECTION 9, page 102, by striking / Section / on line 24 and inserting / A. Section /.

Amend further, page 102, by inserting after line 42:

/ B. This section takes effect July 1, 1993, and in the case of multiyear term contracts first applies with respect to such contracts executed on or after July 1, 1993. /

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 132 (N05\7308HC.93), which was adopted:

Amend the Finance Committee Report, as and if amended, DIVISION IV, Permanent Provisions, page 102, by striking SECTION 9 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

A division vote was requested.

By a vote of 18 to 16, Amendment No. 132 was adopted.

To avoid even an appearance of a potential conflict of interest as delineated in Section 8-13-700(B), I wish the Journal to reflect that I did not participate or attempt to influence the decision with regard to Amendment No. 132 to H. 3610, as a business with which I am associated has a term contract with the State.

Senator THOMAS proposed the following Amendment No. 123 (JIC\6054DW.93), which was adopted:

Amend the bill, as and if amended, DIVISION IV, Permanent Provisions, SECTION 11, page 105, by adding immediately after line 25:

/(D) All competitive procurements above twenty-five thousand dollars must be advertised at least once in the South Carolina Business Opportunities publication./

Renumber sections to conform.

Amend totals and title to conform.

Senator THOMAS explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senators HAYES and LAND proposed the following Amendment No. 96 (PT\22136SD.93), which was adopted:

Amend the report of the Committee on Finance, as and if amended in SECTION 19, DIVISION IV, Permanent Provisions, by striking /July 1, 1994/ as contained in Section 12-21-2776(B) on line 22 of page 113 and inserting /July 1, 1995/.

Amend the report further, as and if amended, in SECTION 19, DIVISION IV, Permanent Provisions, Section 12-21-2804(A) of the 1976 Code, page 116, line 27, by striking the first sentence of subsection (A) and inserting:

/No person shall apply for nor receive and the commission shall not issue to any person permits or licenses for the operation of more than eight machines authorized under Section 12-21-2720(A)(3) at a single place or premises for the period beginning July 1, 1993, and ending July 1, 1994. After July 1, 1994, the commission may not issue any licenses or permits for more than five machines authorized under Section 12-21-2720 (A) (3) at a single place or premises. Any licenses or permits issued for the operation of machines authorized under Section 12-21-2720(A)(3) during the period of July 1, 1993, and July 1, 1994, for a two-year period shall continue in effect after July 1, 1994, provided that during the period of July 1, 1994 and July 1, 1995, no person shall maintain at a single place or premises more than eight machines authorized under Section 12-21-2720(A)(3)./

Amend further in DIVISION IV, Permanent Provisions, SECTION 19, by striking subsection G. beginning on page 119 and inserting:

/G. The cash payouts authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices may only be continued in any county in South Carolina after June 30, 1995, if a majority of the qualified electors of the county voting in a statewide referendum at the time of the 1994 general election vote in favor of the continued regulation and issuance of these licenses. The State Election Commission must place the question contained herein on the general election ballot in November, 1994. The state election laws shall apply to the referendum mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum within each county and certify them to the Secretary of State. If the result of this referendum is not in favor of a continuation of cash payouts for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply within such county after July 1, 1995.

If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices after July 1, 1995, the Tax Commission shall refund to any person holding a license for the operation of coin-operated devices, on a pro-rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July 1, 1995.
The question put before the voters shall read as follows:

"Shall cash payouts for credits earned on coin-operated video game

machines remain legal and subject to licensure and regulation by

the State of South Carolina after June 30, 1995?"

Amend further, SECTION 19 of DIVISION IV, Permanent Provisions, page 120, by striking subsection H and inserting:

/H. In addition to the referendum to be held at the 1994 general election, counties are authorized to hold a referendum to determine whether or not cash payoffs provided for under Section 16-19-60 of the 1976 Code relating to coin-operated devices shall be authorized. The counties are authorized to hold such a referendum in the manner provided in this section except that no such referendum may be held until the 1998 general election and may also be held in subsequent general elections as provided herein.

(1) The referendum must be held:

(a) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election: or

(b) upon a petition so requesting filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county as of the time of the preceding general election.

(2) In any county in which cash payoffs are authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices at the time of the referendum provided for in this section, the question put before the voters shall read as follows:

"Shall cash payoffs for credits earned on coin-operated video

game machines remain legal and subject to licensure and regulation

by the State of South Carolina?"

(3) In any county in which, at the time of the referendum provided for in this section, cash payoffs as provided for by Section 16-19-60 of the 1976 Code relating to coin-operated devices are not authorized, the question put before the voters shall read as follows:

"Shall cash payoffs for credits earned on coin-operated video

game machines be allowed and subject to licensure and regulation

by the State of South Carolina?"

(4) If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 of the Code shall not apply within the county after July first of the year following the referendum.

(5) If the results of the referendum provided for in this section is to authorize cash payoffs relating to coin-operated devices, Section 16-19-60 shall apply within such county after January first of the year following the referendum.

(6) The state election laws apply to the referendum provided in this section, mutatis mutandis.

(7) If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, in a referendum as authorized in this section, the Tax Commission shall refund to any person holding a license for the operation of coin-operated devices on a pro rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July first of the year after the referendum.

I. This section takes effect July 1, 1993./

Amend further as and if amended, by striking SECTION 48, DIVISION IV, Permanent Provisions, which begins on page 215 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Senator HAYES explained the amendment.

Senator HAYES moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY desired to be recorded as voting against the adoption of the amendment.

Senator WILSON proposed the following Amendment No. 70 (436\11449AC.93), which was tabled:

Amend the bill, as and if amended, Division IV, Permanent Provisions, Section 19, Section 12-21-2738, page 119, by deleting lines 22 through 25 and inserting: /However, the monetary penalty for each failure in regard to a machine licensed or subject to licensing pursuant to Section 12-21-2720(A)(3) is two thousand five hundred dollars, no part of which may be suspended, and one-half of the penalty must be deposited in the general fund of the State and one-half must be retained by or forwarded to the law enforcement or administrative agency charging the violation./

Amend title to conform.

Senator WILSON explained the amendment.

Senator LAND moved to lay the amendment on the table.

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

Bryan Cork Courson
Courtney Drummond Elliott
Ford Jackson Land
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Rose Setzler Short
Smith, G. Waldrep Washington

Giese Gregory Hayes
Holland Lander Leatherman
Leventis Macaulay Peeler
Reese Richter Russell
Ryberg Smith, J.V. Stilwell
Thomas Wilson

The amendment was laid on the table.

Senator MITCHELL proposed the following Amendment No. 108 (DKA\4762AL.93), which was adopted:

Amend the report of the Committee on Finance, as and if amended, DIVISION IV, Permanent Provisions, SECTION 24 A., Section 24-21-550, page 161, by inserting after /fines/ on line 21 /, court costs, assessments, and restitution/.

Renumber sections to conform.

Amend totals and title to conform.

Senator MITCHELL explained the amendment.

Senator MITCHELL moved that the amendment be adopted.

The amendment was adopted.

Senator GREGORY proposed the following Amendment No. 136 (SBD.010), which was adopted:

Amend the bill, as and if amended, DIVISION IV, Section 29, page 167, line 35, by inserting therein

/ TO AMEND SECTION 59-65-10 OF THE 1976 CODE, RELATING TO THE MINIMUM AGE FOR ENROLLMENT IN KINDERGARTEN, SO AS TO PROVIDE FOR ENROLLMENT FOR STUDENTS ATTAINING FIVE YEARS OF AGE BEFORE SEPTEMBER FIRST RATHER THAN NOVEMBER FIRST.

A. Section 59-65-10(A) of the 1976 Code is amended to read:

"(A) All parents or guardians shall cause their children or wards to regularly attend regularly a public or private school or kindergarten of this State which has been approved by the State Board of Education or a member school of the South Carolina Independent Schools' Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board of Education from the school year in which the child or ward is five years of age before November September first until the child or ward attains his seventeenth birthday or graduates from high school. Any A parent or guardian whose child or ward is not six years of age on or before the first day of November September of a particular school year may elect for their child or ward not to attend kindergarten. For this purpose, the parent or guardian must shall sign a written document making such the election with the governing body of the school district wherein in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child or ward may not be required to attend kindergarten."

B. Section 59-63-20 of the 1976 Code, as last amended by Act 322 of 1990, is further amended to read:

"Section 59-63-20. It shall is not be lawful for any person who is less than five or more than twenty-one years of age to attend any of the free public schools of this State, including kindergarten, except that:

(1) Persons over twenty-one years of age may attend night schools;

(2) When a pupil is in the graduating class and becomes twenty-one years of age before graduation, he shall be is permitted to complete the term if otherwise qualified to do so;

(3) Students may enter kindergarten in the public schools of this State if they will attain the age of five on or before November September first of the applicable school year or have substantially initiated a public school kindergarten program in another state that has a different attendance age requirement from South Carolina.;

(4) Students may not enter the first grade in the public schools of this State unless they will attain the age of six on or before November September first of the applicable school year or have substantially initiated a first grade program in another state that has a different attendance age requirement from South Carolina or have attended a public school kindergarten program for one full school year.;

(5) The restrictions in this section may be waived by the local board of school trustees in any proper case; provided, however. However, that if the provisions of items (3) and (4) of this section are not complied with, the school district shall is not be entitled to receive any state aid for any students who fail to meet such these requirements.;

(6) Four-year-olds may attend optional child development programs and all three-year-old, four-year-old, and five-year-old handicapped children may participate in early intervention programs."

C. Section 59-19-340 of the 1976 Code is amended to read:

"Section 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before November September first of the applicable school year in child development programs. The board of trustees of school districts having programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old children."

D. The provisions of Sections 59-19-340, 59-63-20 and 59-65-10 of the 1976 Code, as amended by this section, are applicable as follows:

(1) to programs for four-year-old and three-year-old students beginning in school year 1994-95;

(2) to kindergarten students beginning in school year 1995-96;

(3) to all students in programs for four-year-olds and three-year-olds, and grades K-12 beginning in school year 1996-97. /

Amend title to conform.

Amend sections, totals and title to conform.

Senator GREGORY explained the amendment.

Senator GREGORY moved that the amendment be adopted.

The amendment was adopted.

Senator SALEEBY proposed the following Amendment No. 54 (H3610.007), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV, beginning on page 191, line 34, by striking SECTION 37 in its entirety and inserting therein the following:

TO AMEND SECTIONS 8-27-10, 8-27-20, 8-27-30, AND 8-27-40, OF THE 1976 CODE, RELATING TO THE PROTECTION FROM ADVERSE PERSONNEL ACTIONS AFFORDED AND REMEDIES ALLOWED PUBLIC EMPLOYEES WHO REPORT CERTAIN MISCONDUCT, SO AS TO LIMIT PROTECTION TO INSTANCES WHERE AN EMPLOYEE HAS REPORTED IN WRITING TO AN APPROPRIATE AUTHORITY, TO DEFINE "REPORT", "APPROPRIATE AUTHORITY", AND "WRONGDOING", TO REQUIRE AN EMPLOYEE TO HAVE REPORTED WRONGDOING WITHIN ONE HUNDRED AND SIXTY DAYS OF LEARNING OF THE ACTIVITY, TO ALLOW DISCIPLINARY ACTION AGAINST AN EMPLOYEE WHO FILES A REPORT OF WRONGDOING IN BAD FAITH, TO PROVIDE FOR DISCIPLINARY ACTION AGAINST A SUPERVISORY EMPLOYEE WHO RETALIATES AGAINST AN EMPLOYEE FILING A GOOD FAITH REPORT, TO REQUIRE AN EMPLOYEE WHOSE REPORT SAVES PUBLIC FUNDS TO ELECT BETWEEN THE MONETARY AWARDS AUTHORIZED UNDER THIS CHAPTER OR THE EMPLOYEE SUGGESTION PROGRAM, IF THE EMPLOYING AGENCY PARTICIPATES, TO ELIMINATE THE PRESUMPTION THAT ADVERSE PERSONNEL ACTIONS WITHIN ONE YEAR AFTER REPORTING MISCONDUCT ARE WRONGFUL, TO REQUIRE AN EMPLOYEE TO HAVE EXHAUSTED ALL AVAILABLE GRIEVANCE OR OTHER ADMINISTRATIVE REMEDIES, WITH A FINDING THAT THE EMPLOYEE WOULD NOT HAVE BEEN DISCIPLINED BUT FOR THE FILING OF THE REPORT, TO REQUIRE ANY ACTION BROUGHT BY THE EMPLOYEE TO BE A NONJURY CIVIL ACTION BROUGHT IN THE COUNTY WHERE THE EMPLOYMENT ACTION OCCURRED, TO LIMIT ACTUAL DAMAGES RECOVERABLE TO ONE HUNDRED THOUSAND DOLLARS, TO REQUIRE AN ACTION TO BE BROUGHT WITHIN ONE YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION OR THE EXHAUSTION OF OTHER REMEDIES, AND TO PROVIDE THAT THE AMENDMENTS PROVIDED IN THIS SECTION, NOT INCLUDING REVISED REPORTING REQUIREMENTS, APPLY TO ACTIONS PENDING BUT IN WHICH NO JUDGMENT HAS BEEN ENTERED AS OF THE EFFECTIVE DATE OF THE SECTION.

A. Section 8-27-10 of the 1976 Code, as added by Act 354 of 1988, is amended to read:

"Section 8-27-10. For the purpose purposes of this chapter:

(1) `Public body' means the following: any a department of the State; any a state board, commission, committee, agency, or authority; any a public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; any an organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or any a quasi-governmental body of the State and its political subdivisions.

(2) `Employee' means an employee of the following: any a department of the State; any a state board, commission, committee, agency, or authority; any a public or governmental body or political subdivision of the State, including counties, municipalities, school districts, or special purpose or public service districts; any an organization, corporation, or agency supported in whole or in part by public funds or expending public funds; or any a quasi-governmental body of the State and its political subdivisions. `Employee' does not include those persons enumerated within the provisions of Section 8-17-370.

(3) `Appropriate authority' means, respectively, the public body that employs the person making the report; or a federal, state, or local governmental body, agency, or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or wrongdoing. If a report is made to an entity other than the public body employing the person making the report, the employing public body must be notified as soon as practicable by the entity that received the report. The term includes, but it is not limited to, the South Carolina Law Enforcement Division, the Solicitor's Office, the State Ethics Commission, the State Auditor, the Legislative Audit Council, and the Office of Attorney General.

(4) `Report' means a written document alleging waste or wrongdoing that contains the following information:

(a) the date of disclosure;

(b) the name of the employee making the report; and

(c) the nature of the wrongdoing and the date or range of dates on which the wrongdoing allegedly occurred. A report must be made within sixty days of the date the reporting employee first learns of the alleged wrongdoing.

(5) `Wrongdoing' means action by a public body which results in substantial abuse, misuse, destruction, or loss of substantial public funds or public resources. `Wrongdoing' also includes an allegation that a public employee has intentionally violated federal or state statutory law or regulations or other political subdivision ordinances or regulations or a code of ethics, which violation is not merely technical or of a minimum nature."

B. Section 8-27-20 of the 1976 Code, as added by Act 354 of 1988, is amended to read:

"Section 8-27-20. No public body may discharge, otherwise terminate, or suspend from employment, demote, decrease the compensation of, discipline, otherwise punish, or threaten any employee of a public body whenever the employee with an appropriate authority of waste or wrongdoing or testifies as a witness in a trial, hearing, or other proceeding involving governmental waste or wrongdoing reports a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body or whenever the employee exposes governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement or testifies as a witness in any trial, hearing, or other proceeding involving any of the matters described in this section. If the employee reports, exposes, or testifies as provided in this section, without probable cause, he may be terminated from employment by the public body.

If the employee's report, expose', or testimony results in a saving of any public money from the abuses described in this section, twenty-five percent of the estimated net savings resulting from the first year of implementation of the employee's report, expose', or testimony, but not more than two thousand dollars, must be rewarded to the employee by the public body, as determined by the State Budget and Control Board. This chapter does not supersede the State Employee Suggestion Program. For employees of state agencies participating in the program, items that they identify involving waste or mismanagement must be referred as a suggestion to the program. An employee is entitled to only one reward either under this section or under the program.

(A) No public body may dismiss, suspend from employment, demote, or decrease the compensation of an employee of a public body because the employee files a report with an appropriate authority of wrongdoing. If the appropriate authority determines the employee's report is unfounded, or amounts to a mere technical violation, and is not made in good faith, the public body may take disciplinary action including termination. Any public body covered by this chapter may impose disciplinary sanctions, in accordance with its internal disciplinary procedures, against any of its direct line supervisory employees who retaliate against another employee for having filed a good faith report under this chapter.

(B) If the employee's report results in a saving of any public money from the abuses described in this chapter, twenty-five percent of the estimated net savings resulting from the first year of implementation of the employee's report, but not more than two thousand dollars, must be rewarded to the employee by the public body as determined by the State Budget and Control Board. This chapter does not supersede the State Employee Suggestion Program. For employees of state agencies participating in the program, items that they identify involving wrongdoing must be referred as a suggestion to the program by the employee. An employee is entitled to only one reward either under this section or under the program, at the employee's option."

C. Section 8-27-30 of the 1976 Code, as added by Act 354 of 1988, is amended to read:

"Section 8-27-30. (A) It is presumed that an employee of a public body who is discharged, otherwise terminated, or suspended from employment, demoted, suffers a decrease in compensation, or is disciplined, otherwise punished, or threatened by a public body within one year after having reported a violation of any state or federal law or regulation which involves a public body or any employee or official of a public body; within one year after having exposed governmental criminality, corruption, waste, fraud, gross negligence, or mismanagement; or within one year after having testified as a witness in any trial, hearing, or other proceeding involving any of the matters described in Section 8-27-20 was wrongfully treated in one or more ways described in this subsection, whichever may be applicable. If the employee was wrongfully treated he may institute a civil action public body either for damages or for reinstatement to his former position and lost wages, or for both, in a jury or a nonjury proceeding, in the court of common pleas of the county in which the plaintiff resides at the time of commencing the civil action or the county in which the unlawful activity occurred.

(B) The presumption established under subsection (A) is rebuttable, and the burden is on the defendant to demonstrate that the plaintiff was not discharged, otherwise terminated, or suspended from employment, demoted, suffered a decrease in compensation, or was disciplined, otherwise punished, or threatened because he engaged in any of those activities described in Section 8-27-20. An employer has the following affirmative defenses to this section: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; malingering; and embezzlement or larceny of the employer's property.
(C) Any court or jury award under this section may include actual damages, court costs, and reasonable attorney's fees.
(D) Any action under this section must be commenced within two years after the accrual of the cause of action or forever barred.

(A) If an employee is dismissed, suspended from employment, demoted, or receives a decrease in compensation, within one year after having timely reported an alleged wrongdoing under this chapter, the employee may institute a nonjury civil action against the employing public body for reinstatement to his former position, lost wages, legal fees, and actual damages not to exceed one hundred thousand dollars in the court of common pleas of the county in which the employment action occurred. No action may be brought under this chapter unless (1) the employee has exhausted all available grievance or other administrative remedies, and (2) any previous proceedings have resulted in a finding that the employee would not have been disciplined but for the reporting of alleged wrongdoing.

(B) An action under this chapter must be commenced within one year after the accrual of the cause of action or exhaustion of all available grievance or other administrative and judicial remedies or is forever barred."

D. Section 8-27-40 of the 1976 Code, as added by Act 354 of 1988, is amended to read:

"Section 8-27-40. Notwithstanding the filing of a report any action taken pursuant to this chapter, a public body may discharge dismiss, otherwise terminate, or suspend, demote, or decrease the compensation of an employee for causes independent of those provided of the filing of a protected report as described in Section 8-27-20."

E. This section takes effect upon approval by the Governor. / .

Amend sections, totals and title to conform.

Senator BRYAN explained the amendment.

Senator ROSE spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator McCONNELL desired to be recorded as abstaining from voting on the motion to table the amendment.

To avoid even an appearance of a potential conflict of interest as delineated in Section 8-13-700(B), I wish the Journal to reflect that I did not participate in or attempt to influence the decision with regard to Amendment No. 54 to H. 3610, as I am currently representing three employees in a Whistleblower action.

Senator MACAULAY proposed the following Amendment No. 159 (3610R061.ASM), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV, Section 55, page 222, line 22, by striking the SECTION in its entirety.

Amend sections, totals and title to conform.

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

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator J. VERNE SMITH proposed the following Amendment No. 63 (436\11436AC.93), which was adopted:

Amend the bill, as and if amended, Division IV, by deleting Section 75 and inserting:

TO AMEND THE 1976 CODE BY ADDING SECTION 44-55-120 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLECT A FEE, ESTABLISHED ANNUALLY IN THE APPROPRIATIONS ACT, FROM PUBLIC DRINKING WATER SYSTEMS, TO CREATE A SAFE DRINKING WATER FUND IN THE TREASURER'S OFFICE FOR DEPOSIT OF THESE FUNDS, TO ESTABLISH A SAFE DRINKING WATER ADVISORY COMMITTEE FOR THE EXPENDITURE OF THESE FEES, TO AUTHORIZE THE DEPARTMENT TO DENY A CONSTRUCTION PERMIT OR REVOKE AN OPERATING PERMIT IF THE ABILITY TO COMPLY WITH THE SAFE DRINKING WATER ACT IS NOT DEMONSTRATED, AND TO AUTHORIZE A WATER SYSTEM TO INCREASE SERVICE CONNECTION COSTS FOR THE ACTUAL COST OF THE FEE WITHOUT OBTAINING APPROVAL.

A. The 1976 Code is amended by adding:

"Section 44-55-120. (A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department is authorized to collect an annual fee, which must be established annually in the general appropriations act, from each public drinking water system.

(B) There is established in the treasurer's office a separate account entitled the Safe Drinking Water Fund. The fees collected from the public water systems pursuant to this section must be deposited in this fund and must be provided to the department solely for purposes of implementing the federal Safe Drinking Water Act.

(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising the department and General Assembly on the use of revenues deposited in the Safe Drinking Water Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate and the Commissioner of the Department of Health and Environmental Control, or a designee.

(D) The department may deny a construction permit to any new system which is unable to demonstrate viability to comply with the Safe Drinking Water Act or where connection to an existing, viable water system is feasible. The department also may revoke or deny renewal of an operating permit to any existing water system which is unable to demonstrate its ability to continue compliance with this act.

(E) A water system may increase water rates to each service connection by an amount necessary to recover the cost of the safe drinking water fee without seeking approval of the public service commission. The total funds generated from rate increases to service connections for the purpose of paying the safe drinking water fee may not exceed the cost of the fee established in the General Appropriations Act."

B. This section takes effect July 1, 1993./

Amend totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator WILLIAMS proposed the following Amendment No. 4 (JIC\5973HC.93), which was tabled:

Amend the report, as and if amended, in DIVISION IV, by adding an appropriately numbered SECTION to read:

TO IMPOSE AN ADDITIONAL ONE PERCENT SALES, USE, AND CASUAL EXCISE TAX FROM JULY 1, 1993, THROUGH JUNE 30, 1996, TO CREDIT THE REVENUE FROM THE TAX TO THE GENERAL FUND OF THE STATE, TO PROVIDE THAT THE ADDITIONAL REVENUE MAY NOT BE APPROPRIATED TO FUND PROGRAMS ESTABLISHED AFTER JUNE 30, 1993, AND TO PROVIDE THAT THIS ADDITIONAL TAX MAY NOT BE EXTENDED EXCEPT BY A TWO-THIRDS VOTE OF THE TOTAL MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

(A) Beginning July 1, 1993, and ending after June 30, 1996, an additional sales, use, and casual excise tax equal to one percent is imposed. The additional tax imposed by this section is considered to be imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the South Carolina Sales and Use Tax Act. The South Carolina Tax Commission shall prescribe tables establishing the total amount that may be added to the sales price to reflect the tax imposed by this section and the tax imposed pursuant to Chapter 36 of Title 12 of the 1976 Code. The revenue from this additional tax must be deposited to the credit of the general fund of the State and this revenue may not be appropriated to fund any program established after June 30, 1993.

(B) The additional tax imposed by this section may not be extended except by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives./

Renumber sections to conform.

Amend totals and title to conform.

Senator LAND explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 6 (3610R005.ELP), which was adopted:

Amend the Finance Committee Report, as and if amended, Division IV, Page 257, by adding after line 19, an appropriately numbered new section to read as follows:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-225 SO AS TO PROVIDE THAT THE STATE MOTOR VEHICLE FLEET MANAGER SHALL BE RESPONSIBLE FOR THE OVERALL MANAGEMENT AND OWNERSHIP OF THE STATE MOTOR VEHICLE FLEET, AND PROVIDE FOR RELATED REQUIREMENTS; TO AMEND SECTION 1-11-220, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE FLEET MANAGEMENT PROGRAM, SO AS TO REFERENCE SECTION 1-11-225; TO AMEND SECTION 1-11-250, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND DEFINITIONS, SO AS TO CHANGE A CODE SECTION REFERENCE AND DELETE THE DEFINITION OF MOTOR VEHICLE MANAGEMENT COUNCIL; TO AMEND SECTION 1-11-260, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT, ANNUAL REPORTS, POLICIES, PROCEDURES, AND REGULATIONS, SO AS TO DELETE THE REFERENCE TO THE MOTOR VEHICLE MANAGEMENT COUNCIL, CHANGE CODE SECTION REFERENCES, AND PROVIDE FOR THE RECOMMENDATION OF ADMINISTRATIVE PENALTIES TO BE "LEVIED AGAINST AGENCIES", RATHER THAN TO BE "USED BY THE AGENCIES", FOR VIOLATION OF PRESCRIBED PROCEDURES AND REGULATIONS RELATING TO THE FLEET MANAGEMENT PROGRAM; TO AMEND SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT, TITLES, AND ACQUISITION AND DISPOSITION OF VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND CHANGE SUBSECTION REFERENCES; AND TO REPEAL SECTIONS 1-11-230, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND MOTOR VEHICLE MANAGEMENT COUNCIL; 1-11-240, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT, DUTIES OF MOTOR VEHICLE MANAGEMENT COUNCIL, AND HEARING PROCEDURE; 1-11-270, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE ESTABLISHMENT OF CRITERIA FOR INDIVIDUAL ASSIGNMENT OF MOTOR VEHICLES; 1-11-280, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND INTERAGENCY MOTOR POOLS; 1-11-290, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE PLAN FOR MAXIMALLY COST-EFFECTIVE VEHICLE MAINTENANCE; 1-11-300, RELATING TO STATE AGENCIES' DEVELOPMENT AND IMPLEMENTATION OF A UNIFORM COST ACCOUNTING AND REPORTING SYSTEM, PURCHASE OF MOTOR VEHICLE EQUIPMENT AND SUPPLIES, USE OF CREDIT CARDS, AND DETERMINATION OF VEHICLE COST PER MILE; 1-11-320, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT, PLATES AND OTHER IDENTIFICATION REQUIREMENTS, AND EXEMPTIONS; AND 1-11-330, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE EXEMPTION OF STATE DEPARTMENT OF EDUCATION VEHICLES.

SECTION A. The 1976 Code is amended by adding:

"Section 1-11-225. Notwithstanding any other provision of law:

(A) The state motor vehicle fleet manager shall be responsible for the overall management and ownership of the state motor vehicle fleet, including all passenger vehicles regardless of the sources of funds from which they were purchased. As managing agent, the state fleet manager is authorized to assign vehicles in such a manner that maximizes the use of the state fleet. The state fleet manager also shall design and implement preventative maintenance programs for the vehicles in the state fleet and determine replacement needs. To this end, the state fleet manager shall implement an MIS system with information necessary to cost-effectively meet state agencies' motor vehicle needs and allow the State to determine the optimum time for replacing vehicles based on the individual vehicle's maintenance history.

(B) The state fleet manager shall implement a program whereby state agencies are required to review and rejustify passenger-vehicle-need by means of a zero-base vehicle justification, including consideration of vehicle pooling, and to reclassify vehicles based on their specific transportation activities. All equipment must be specifically justified.

(C) Based on the analysis provided for under item (B), the Division of Motor Vehicle Management shall direct the return of excess vehicles to that division.

(D) All state motor vehicles must be leased from the Division of Motor Vehicle Management and state agencies must be billed for the leases, which must be competitive with the market rate. Certain task related vehicles may be exempted from this section, based on a thorough cost analysis and as defined by the state fleet manager with consultation with the state agencies. No state agency may be exempted from the requirements of this item (D) except as specifically authorized by act of the General Assembly. Unless so specifically exempted, an agency may not enter into private leasing agreements for passenger vehicles for longer than ten days.

(E) Every state agency affected by the provisions of this section shall prepare a plan on how to reduce POV reimbursement, which must be reduced by at least twenty percent the first year after the effective date of this section, and submit the plan to the Division of Motor Vehicle Management for annual approval as part of the state's budget process. The plan shall address and include:

(1) analysis of underutilized vehicles and their reassignment to high POV mileage situations;

(2) better coordination of trips to the same location during the same week;

(3) how pooling is to be enforced;

(4) the elimination of discretionary trips; and

(5) how travel vouchers and other forms are to be audited by the particular agency.

(F) The state motor vehicle fleet manager shall manage a central motor pool with principal offices in Columbia and branch central motor pools at other places within the State as considered necessary by the fleet manager. Pool vehicles must be used by state agencies when such use is more economical than other means of transportation. Pool vehicles may be assigned to state agencies by the state fleet manager for various periods of time as determined by the fleet manager to be necessary and appropriate.

(G) Only the state motor vehicle fleet manager shall determine and approve the permanent assignment of state-owned passenger vehicles to state agencies, and that assignment must be made on the following basis:

(1) vehicles likely to be driven a specified number of business miles monthly as determined by the state fleet manager based on optimum vehicle usage; no personal use shall be allowed; vehicle is parked in a pool and may be used by any person; and

(2) line law enforcement agents as determined by the state fleet manager in conjunction with state law enforcement agencies; and

(3) only the Governor and statewide elective officials shall be provided an automobile solely on the basis of their office.

(H) Personal use of vehicles in the state fleet is prohibited, unless an agency employee is in official travel status. Unauthorized use shall result in revocation of assignment of the motor vehicle and, further, shall subject the assignee to appropriate disciplinary measures for misusing state property.

(I) The state motor vehicle fleet manager shall cause all state vehicles to be identified with an appropriate statement that the vehicle belongs to a particular institution or agency of the State, with the exception of certain law enforcement vehicles which are used in undercover operations, and ensure the use of nonexpiring registration plates and cause the state seal to appear on the vehicles in an appropriate manner. The Division of Motor Vehicle Management shall review confidential tag requests during its management review to ensure that they are valid and updated.

(J) Each state agency shall appoint an individual employee to be responsible for agency compliance with motor vehicle policy and for maintaining continued surveillance of agency transportation requirements.

(K) State agencies shall regularly review assignment and use of motor vehicles. Agencies shall verify on an annual basis to the Division of Motor Vehicle Management whether or not the agencies have complied with motor vehicle assignment and use criteria and whether mileage capacity is being efficiently utilized. If reports indicate that a state agency is utilizing its vehicles inefficiently, the Division of Motor Vehicle Management may decrease the agency's scheduled number of replacement vehicles by the percentage of its underutilized vehicles or reassign the underutilized vehicles to another agency.

(L) All motor fuels shall be purchased from state facilities except in cases where such purchase is impossible or not cost-beneficial to the State. Every state agency must justify commercial gasoline purchases that are over twenty percent of total gasoline purchases.

(M) During a state agency's management review, the state motor vehicle fleet manager must identify violations, if any, of this section or of any other provision of law applicable to operation of the state motor vehicle fleet. The state fleet manager may revoke the assignment of a vehicle for violation of a statute or regulation.

(N) The state motor vehicle fleet manager is authorized to establish eligibility criteria for the initial purchase or replacement of a state vehicle which bases the size of the vehicle on needs determined by job function. The standard state fleet sedan or station wagon must be no larger than a compact model, and the special state fleet sedan or station wagon must be no larger than an intermediate model. Requests for additional or replacement vehicles must be part of the budget request and such requests must reflect the projected usage and source of funds and must have approval of the state fleet manager.

(O) The Division of Motor Vehicle Management shall use central purchasing and repair through the use of negotiated contracts to the extent that this is most efficient and economical and is authorized or required by the State Procurement Code.

(P) All passenger vehicles in the state motor vehicle fleet must be replaced with the state standard model (N) unless an agency is able to demonstrate to the Division of Motor Vehicle Management a compelling need for a different size or different type of vehicle. Requests for exemptions under this item (P) must include:

(1) the use of the vehicle,

(2) number of passengers carried on a routine basis,

(3) type and amount of cargo carried on a routine basis, and

(4) the total weight, including passengers to be carried in the vehicle.

(Q) The Division of Motor Vehicle Management shall develop accurate life-cycle cost information and shall monitor vehicle life-cycle costs to obtain the most effective fleet cycling policy for the State. The Division of Motor Vehicle Management shall implement a statewide information system of records necessary for carrying out the operation, maintenance, replacement, and repair of state motor vehicles. A plan must be formulated to preserve a historical record which meets the data needs of the Division of Motor Vehicle Management in managing the state fleet, as well as the needs of auditors and other analysts. The Division of Motor Vehicle Management may request the assistance of other state entities and agencies in carrying out the provisions of this section."

SECTION B. Section 1-11-220 of the 1976 Code is amended to read:

"Section 1-11-220. There is hereby established within the Budget and Control Board the Division of Motor Vehicle Management headed by a Director, hereafter referred to as the `State Fleet Manager', appointed by and reporting directly to the Budget and Control Board, hereafter referred to as the board. The board shall develop a comprehensive state Fleet Management Program in accordance with the provisions of Section 1-11-225. The program shall address acquisition, assignment, identification, replacement, disposal, maintenance, and operation of motor vehicles, as well as any other areas or aspects of this subject mandated by Section 1-11-225.

The Budget and Control Board shall, through their policies and regulations, seek to achieve the following objectives:
(a) to achieve maximum cost-effectiveness management of state-owned motor vehicles in support of the established missions and objectives of the agencies, boards, and commissions.;
(b) to eliminate unofficial and unauthorized use of state vehicles.;
(c) to minimize individual assignment of state vehicles.;
(d) to eliminate the reimbursable use of personal vehicles for accomplishment of official travel when this use is more costly than use of state vehicles.;
(e) to acquire motor vehicles offering optimum energy efficiency for the tasks to be performed.;
(f) to insure motor vehicles are operated in a safe manner in accordance with a statewide Fleet Safety Program."

SECTION C. Section 1-11-250 of the 1976 Code is amended to read:

"Section 1-11-250. For purposes of Sections 1-11-220 to 1-11-330 1-11-340:
(a) `State agency' shall mean all officers, departments, boards, commissions, institutions, universities, colleges, and all persons and administrative units of state government that operate motor vehicles purchased, leased, or otherwise held with the use of state funds, pursuant to an appropriation, grant or encumbrance of state funds, or operated pursuant to authority granted by the State.
(b) `Board' shall mean State Budget and Control Board.
(c) "Council" shall mean the Motor Vehicle Management Council as established in Section 1-11-230."

SECTION D. Section 1-11-260 of the 1976 Code is amended to read:

"Section 1-11-260. The Fleet Manager and the Council shall report annually to the Budget and Control Board and the General Assembly concerning the performance of each state agency in achieving the objectives enumerated in Sections 1-11-220 through 1-11-330 1-11-340 and include in the report a summary of the Division's efforts in aiding and assisting the various state agencies in developing and maintaining their management practices in accordance with the comprehensive statewide Motor Vehicle Management Program. This report shall also contain any recommended changes in the law and regulations necessary to achieve these objectives.

The Board, after consultation with state agency heads, shall promulgate and enforce state policies, procedures, and regulations to achieve the goals of Sections 1-11-220 through 1-11-330 1-11-340 and shall recommend administrative penalties to be used by the levied against agencies for violation of prescribed procedures and regulations relating to the Fleet Management Program."

SECTION E. Section 1-11-310 of the 1976 Code, as last amended by Part V, Section 2 of Act 449 of 1992, is further amended to read:

"Section 1-11-310. (A) The State Budget and Control Board shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.

(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for non-law enforcement use.

(C) (A) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of `Law Enforcement Officer' must be standard or special state fleet sedans.

(D) (B) All state motor vehicles must be titled to the State and must be received by and remain in the possession of the Division of Motor Vehicle Management pending sale or disposal of the vehicle.

(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation must be retained by those agencies.

(F) (C) Exceptions to requirements in subsections (B) and (C) subsection (A) must be approved by the director of the Division of Motor Vehicle Management. Requirements in subsection (B) do not apply to the State Development Board.

(G) (D) Preference in purchasing state motor vehicles must be given to vehicles assembled in the United States with at least seventy-five percent domestic content as determined by the appropriate federal agency."

SECTION F. Sections 1-11-230, 1-11-240, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-320, and 1-11-330 of the 1976 Code are repealed.

SECTION G. This section takes effect July 1, 1993. /

Amend sections and title to conform.

Senator LAND spoke on the amendment.

Senator PASSAILAIGUE spoke on the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

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

Drummond Ford Jackson
Land Matthews McGill
Moore O'Dell Patterson
Short

Bryan Cork Courson
Courtney Elliott Giese
Gregory Hayes Holland
Lander Leatherman Leventis
Macaulay McConnell Mescher
Mitchell Passailaigue Peeler
Reese Richter Rose
Russell Ryberg Setzler
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Wilson

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 7 (3610R006.ELP), which was adopted:

Amend the Finance Committee Report, as and if amended, Division IV, page 257, by adding after line 19, a new section to be appropriately numbered to read:

TO REPEAL AND RECODIFY A REGULATION OF THE BUDGET AND CONTROL BOARD GOVERNING THE AUTHORIZED LIMITS OF REIMBURSEMENTS FOR OFFICIAL EXPENSES.
SECTION A. Regulation 19-101.11. enacted as document number 1523 submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code is repealed and reenacted to read as follows:
"19-101.11. The Budget and Control Board shall annually prepare a schedule of maximum reimbursements for the cost of obtaining meals while traveling on the business of the State, the aggregate total of which shall not exceed the maximum daily reimbursement authorized in the General Appropriation Act. The Budget and Control Board shall furnish to each agency a copy of the schedule as soon as practicable after the passage of the General Appropriation Act. When authorized by a majority vote of the governing body, members of state boards, commissions or committees who are not state employees may claim reimbursement for the full cost of individual meals while away from their place of residence on official business of the state for less than a full work day, provided, that in no event shall the reimbursement for the actual cost of meals for any one day exceed the maximum daily reimbursement authorized in the General Appropriation Act." /

SECTION B. This Section takes effect July 1, 1993.

Renumber remaining sections to conform.

Amend title to conform.

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

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 11 (3610R011.ELP), which was adopted:

Amend the Finance Committee Report, as and if amended, Division IV, Page 257, by adding after line 19 an appropriately numbered new Section to read as follows:

TO REPEAL SECTION 1-1-1210 OF THE 1976 CODE AUTHORIZING AN ANNUAL INCREASE IN THE SALARY OF CONSTITUTIONAL OFFICERS.

Section 1-1-1210 of the 1976 Code is repealed. /

Amend title to conform.

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

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 14 (3610R015.ELP), which was adopted:

Amend the Finance Committee Report, as and if amended, Division IV, by adding an appropriately numbered Section to read:

TO REQUIRE AN ANNUAL REPORT OF ANY FOREIGN TRAVEL OF STATE EMPLOYEES OR STATE OFFICIALS AND TO SPECIFY THE INFORMATION TO BE REPORTED.

The foreign travel of any State employee or State official must be reported annually at the end of each fiscal year by the authorizing agency to the President of the Senate, the President Pro Tempore of the Senate, the Speaker of the House, and the Budget and Control Board. For the purpose of this section, foreign travel is defined as any destination outside the continental limits of the United States except Alaska, Hawaii, Puerto Rico, Canada, or the Virgin Islands.

The following information is to be included in the annual reports:

(a) name of State employee or State official;

(b) destination;

(c) inclusive dates of the travel period;

(d) purpose of the travel;

(e) total cost of the travel; and

(f) source(s) of funds. /.

Amend section, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 20 (JIC\6000HC.93), which was adopted:

Amend the report, as and if amended, in DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 38-43-106 OF THE 1976 CODE, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR LICENSED INSURANCE AGENTS, SO AS TO PROVIDE THAT INSURANCE AGENTS EXEMPTED FROM THE CONTINUING EDUCATION REQUIREMENT ARE NOT REQUIRED TO PAY THE ANNUAL CONTINUING EDUCATION FEE.

A. Section 38-43-106(D) of the 1976 Code, as added by Act 141 of 1991, is amended to read:

"(D) The license of any agent may not be renewed for any license year unless the agent has completed the mandated continuing insurance education requirements during the previous two-year accreditation period. Each insurer is responsible, annually at renewal, for furnishing to the department certification that its agents meet the continuing insurance education requirements. Insurers appointing individuals who are qualified but not currently licensed for any insurer are also required, in connection with the appointment of such an agent, to certify to the department that the agent meets the continuing insurance education requirements. Each agent not exempt from the continuing education requirement pursuant to subsection (F) is responsible for payment to the continuing education administrator of a reasonable annual fee for operation of the continuing insurance education program. These fees must be used to administer the provisions of this section."

B. This section takes effect July 1, 1993./

Renumber sections, amend title and totals to conform.

Senator STILWELL explained the amendment.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 31 (JIC\6911AL.93), which was tabled:

Amend the Report of the Committee on Finance, as and if amended, in DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO REDUCE THE SCHOOL YEAR FOR TEACHERS FROM ONE HUNDRED NINETY TO ONE HUNDRED EIGHTY-FIVE DAYS FOR ANY SCHOOL YEAR WHEN INSUFFICIENT STATE FUNDS ARE APPROPRIATED TO MAINTAIN TEACHERS' SALARIES AT THE SOUTHEASTERN AVERAGE AND TO PROVIDE THAT THE DAYS ELIMINATED ARE TEACHER INSERVICE DAYS.

Notwithstanding any other provisions of law, if the General Assembly does not appropriate for any fiscal year including the 1993-94 fiscal year funds which are sufficient to provide the State's share of teacher salaries and fringe benefits which would meet the southeastern average as determined under Section 59-20-50 of the 1976 Code, the school year during that fiscal year must be one hundred eighty-five days and the appropriation for teacher salaries and contracts under Section 59-21-20 of the 1976 Code must be considered to be for a term of one hundred eighty-five days. The five days eliminated from the school year pursuant to this section must be teacher inservice days./

Renumber sections, amend title and totals to conform.

Senator REESE explained the amendment.

Senator REESE moved to carry over the amendment.

Senator DRUMMOND moved to lay the motion to carry over on the table.

The motion to carry over was laid on the table.

The question then was the adoption of the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MOORE proposed the following Amendment No. 32 (3610R039.TLM), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV by adding an appropriately numbered SECTION to read:

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.

Whereas, it is the policy of this State that every child is entitled to live in safety and in health and to survive into adulthood; and

Whereas, it is estimated that nine hundred fifty-eight children under the age of eighteen died in 1991 in this State; approximately twenty-one of those deaths were from child abuse or neglect; and approximately two hundred eighteen of those deaths were from homicide, accidents, and other preventable causes; and

Whereas, from 1988 to 1991 there has been a thirty-two percent increase in the number of child deaths caused by abuse or neglect and this steady growth in the number of children whose deaths are due to abuse and neglect is coupled with a disturbing trend of increasing violence toward younger children; and

Whereas, there are concerns about the adequacy of efforts in this State to identify deaths which may be from child abuse or other preventable causes, to obtain and maintain statistics on child mortality, to provide services to surviving family members, to appropriately use the criminal justice system, and to develop and implement measures to prevent future child deaths; and

Whereas, no one state or local agency is responsible for the failure of these efforts, as multiple agencies and officials have responsibilities for responding to child deaths and for the services and programs which could prevent future child deaths; and

Whereas, multi-disciplinary and multi-agency child death review teams, improved agency responses, and enhanced public awareness are methods of achieving the state policy and appropriate goals for this State; and

Whereas, prompt and correct identification of the cause of a child's death can help alleviate the suffering of the parent who is not responsible for that death; and

Whereas, persons who are responsible for the deaths of children should be held accountable for their actions in the appropriate criminal and civil proceedings; and

Whereas, confidentiality requirements of public agencies and others with information regarding deceased children and their families should not deter the exchange of information concerning the child within a multi-disciplinary and multi-agency review process, so long as there are protections against disclosures outside of the review; and

Whereas, this State recognizes that our children are our greatest resource, and we are willing to take all necessary measures to preserve the futures of our children. Now, therefore,

A. This act may be cited as the "South Carolina Child Fatality Review and Prevention Act".

B. It is the policy of this State that:

(1) Every child is entitled to live in safety and in health and to survive into adulthood;

(2) Responding to child deaths is a state and a community responsibility;

(3) When a child dies, the response by the State and the community to the death must include an accurate and complete determination of the cause of death, the provision of services to surviving family members, and the development and implementation of measures to prevent future deaths from similar causes and may include court action, including prosecution of persons who may be responsible for the death and family court proceedings to protect other children in the care of the responsible person;

(4) Professionals from disparate disciplines and agencies who have responsibilities for children and expertise that can promote child safety and well-being should share their expertise and knowledge toward the goals of determining the causes of children's deaths, planning and providing services to surviving children and nonoffending family members, and preventing future child deaths;

(5) A greater understanding of the incidence and causes of child deaths is necessary if the State is to prevent future child deaths;

(6) Multi-disciplinary and multi-agency reviews of child deaths can assist the State in the investigation of child deaths, in the development of a greater understanding of the incidence and causes of child deaths and the methods for preventing such deaths, and in identifying gaps in services to children and families;

(7) Access to information regarding deceased children and their families by the Department of Child Fatalities is necessary to achieve the department's purposes and duties; and

(8) Competent investigative services must be sensitive to the needs of South Carolina's children and their families and not unnecessarily intrusive and should be achieved through training, awareness, and technical assistance.

C. Chapter 7, Title 20 of the 1976 Code is amended by adding:

Section 20-7-5900. For purposes of this article:

(1) `Child' means a person under eighteen years of age.

(2) `Committee' means the State Child Fatality Advisory Committee.

(3) `Department' means the State Law Enforcement Division's Department of Child Fatalities.

(4) `Local child protective services agency' means the county department of social services for the jurisdiction where a deceased child resided.

(5) `Meeting' means both in-person meetings and meetings through telephone conferencing.

(6) `Preventable death' means a death which reasonable medical, social, legal, psychological, or educational intervention may have prevented.

(7) `Provider of medical care' means a licensed health care practitioner who provides, or a licensed health care facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment.

(8) `Working day' means Monday through Friday, excluding official state holidays.

(9) `Unexpected death' includes all child deaths which, before investigation, appear possibly to have been caused by trauma, suspicious or obscure circumstances, or child abuse or neglect.

Section 20-7-5905. There is created within the State Law Enforcement Division (SLED) the Department of Child Fatalities which is under the supervision of the chief of SLED.

Section 20-7-5910. (A) There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:

(1) the Commissioner of the South Carolina Department of Social Services;

(2) the Commissioner of the South Carolina Department of Health and Environmental Control;

(3) the State Superintendent of Education;

(4) the Executive Director of the South Carolina Criminal Justice Academy;

(5) the Chief of the State Law Enforcement Division;

(6) the Commissioner of the South Carolina Commission on Alcohol and Drug Abuse;

(7) the Commissioner of the State Department of Mental Health;

(8) the Commissioner of the State Department of Mental Retardation;

(9) the Commissioner of the Department of Youth Services;

(10) an attorney with experience in prosecuting crimes against children;

(11) a county coroner or medical examiner;

(12) a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics; and

(13) a solicitor.

(B) Those state agency members in items (1)-(9) shall serve ex officio and may appoint a designee to serve in their place from their particular departments or agencies who have administrative or program responsibilities for children and family services. The remaining members, including the coroner or medical examiner and solicitor who shall serve ex officio, must be appointed by the Governor for terms of four years and until their successors are appointed and qualify.

(C) A chairman and vice-chairman of the committee must be elected from among the members by a majority vote of the membership for a term of two years.

(D) Meetings of the committee must be held at least quarterly. A majority of the committee constitutes a quorum.

(E) Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article.

Section 20-7-5920. (A) The purpose of the department is to expeditiously investigate child deaths in all counties of the State.

(B) To achieve its purpose, the department shall:

(1) upon receipt of a report of a child death from the county coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall request an autopsy. The autopsy must be performed by a forensic pathologist as soon as possible. The forensic pathologist shall inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately shall begin an investigation;

(2) request assistance of any other local, county, or state agency to aid in the investigation;

(3) upon receipt of additional investigative information, reopen a case for another coroner's inquest;

(4) upon receipt of the notification required by item (1), review agency records for information regarding the deceased child or family. Information available to the department pursuant to Section 20-7-5930 and information which is public under Chapter 4, Title 30, the Freedom of Information Act, must be available as needed to the county coroner or medical examiner and county department of social services;

(5) report the activities and findings related to a child fatality to the State Child Fatality Advisory Committee;

(6) develop a protocol for child fatality reviews;

(7) develop a protocol for the collection of data regarding child deaths as related to Sections 17-5-140 and 17-5-265 and provide training to local professionals delivering services to children, county coroners and medical examiners, and law enforcement agencies on the use of the protocol;

(8) study the operations of local investigations of child fatalities, including the statutes, regulations, policies, and procedures of the agencies involved with children's services and child death investigations;

(9) examine confidentiality and access to information statutes, regulations, policies, and procedures for agencies with responsibilities for children, including, but not limited to, health, public welfare, education, social services, mental health, alcohol and other substance abuse, and law enforcement agencies and determine whether those statutes, regulations, policies, or procedures impede the exchange of information necessary to protect children from preventable deaths. If the department identifies a statute, regulation, policy, or procedure that impedes the necessary exchange of information, the department shall notify the committee and the agencies serving on the committee and the committee shall include proposals for changes to statutes, regulations, policies, or procedures in the committee's annual report;

(10) develop a Forensic Pathology Network available to coroners and medical examiners for prompt autopsy findings;

(11) submit to the Governor and the General Assembly, an annual report and any other reports prepared by the department, including, but not limited to, the department's findings and recommendations;

(12) promulgate regulations necessary to carry out its purposes and responsibilities under this article.

Section 20-7-5920. The purpose of the State Child Fatality Advisory Committee is to decrease the incidence of preventable child deaths by:

(1) developing an understanding of the causes and incidence of child deaths;

(2) developing plans for and implementing changes within the agencies represented on the committee which will prevent child deaths; and

(3) advising the Governor and the General Assembly on statutory, policy, and practice changes which will prevent child deaths.

(B) To achieve its purpose, the committee shall:

(1) meet with the department no later than one month after the department receives notification by the county medical examiner or coroner pursuant to Section 17-5-140 or 17-5-265 to review the investigation of the death;

(2) undertake annual statistical studies of the incidence and causes of child fatalities in this State. The studies shall include an analysis of community and public and private agency involvement with the decedents and their families before and subsequent to the deaths;

(3) the committee shall consider training, including cross-agency training, consultation, technical assistance needs, and service gaps. If the committee determines that changes to any statute, regulation, policy, or procedure is needed to decrease the incidence of preventable child deaths, the committee shall include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report;

(4) educate the public regarding the incidence and causes of child deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent child deaths. The committee shall enlist the support of civic, philanthropic, and public service organizations in performing the committee's education duties;

(5) develop and implement policies and procedures for its own governance and operation;

(6) submit to the Governor and the General Assembly, an annual written report and any other reports prepared by the committee, including, but not limited to, the committee's findings and recommendations. Annual reports must be made available to the public.

Section 20-7-5930. Upon request of the department and as necessary to carry out the department's purpose and duties, the department immediately must be provided:

(1) by a provider of medical care, access to information and records regarding a child whose death is being reviewed by the department, including information on prenatal care;

(2) access to all information and records maintained by any state, county, or local government agency, including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the child or family, including information made strictly confidential in Section 20-7-650 concerning unfounded reports of abuse or neglect.

Section 20-7-5940. When necessary in the discharge of the duties of the department and upon application of the department, the clerks of court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to any representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the department's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.

Section 20-7-5950. (A) Meetings of the committee and department are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the committee and department are discussing individual cases of child deaths.

(B) Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee is not discussing individual cases of child deaths.

(C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.

(D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.

Section 20-7-5960. (A) All information and records acquired by the committee and by the department in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the committee's and department's duties and purposes.

(B) Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records.

(C) Reports of the committee and department which do not contain information that would permit the identification of a person to be ascertained are public information.

(D) Except as necessary to carry out the committee's and department's purposes and duties, members of the committee and department and persons attending their meeting may not disclose what transpired at a meeting which is not public under Section 20-7-5940 and may not disclose information, the disclosure of which is prohibited by this section.

(E) Members of the committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information.

(F) Information, documents, and records of the committee and department are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department.

(G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more the six months, or both."

D. The 1976 Code is amended by adding:

"Section 17-5-140. The county coroner within twenty-four hours or one working day shall notify the department when a child dies in any county of the State:

(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected and unexplained.

For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."

E. The 1976 Code is amended by adding:

"Section 17-5-265. The county medical examiner within twenty-four hours or one working day shall notify the department when a child dies in any county of the State:

(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected and unexplained.

For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."

F. The 1976 Code is amended by adding:

"Section 17-5-150. If the home or premises last inhabited by a child is not the scene of the death of a child, the coroner, while conducting an investigation of the death, may petition the local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."

G. The 1976 Code is amended by adding:

"Section 17-5-275. If the home or premises last inhabited by a child is not the scene of the death of a child, the medical examiner, while conducting an investigation of the death, may petition the circuit court of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The circuit court shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."

H. Section 20-7-490(B) of the 1976 Code is amended to read:

"(B) `Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (C) and (D) of this Section, by the acts or omissions of his parent, guardian, or other person responsible for his welfare."

I. Section 20-7-510(A) of the 1976 Code is amended to read:

"(A) Any physician, nurse, dentist, optometrist, medical examiner or coroner, or employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health or allied health professional, Christian Science Practitioner, religious healer, school teacher or counselor, social or public assistance worker, child care worker in any day care center or child caring institution, police or law enforcement officer, undertaker, funeral home director, or employee of a funeral home, or any judge having reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect is required to report or cause a report to be made in accordance with this section."

J. Section 20-7-650(F) of the 1976 Code is amended by adding at the end:

"However, the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930."

K. Section 20-7-690(C) of the 1976 Code, as last amended by Act 441 of 1988, is further amended by adding appropriately numbered items to read:

"( ) County medical examiners or coroners who are investigating the death of a child in accordance with Section 17-5-140, 17-5-150, or 17-5-265; and

( ) The committee and department in accordance with the exercise of its purpose and duties pursuant to Article 26, Chapter 7, Title 20."

L. Section 44-63-110 of the 1976 Code, as last amended by Act 341 of 1988, is further amended to read:

"Section 44-63-110. For making, furnishing, or certifying any card, certificate, or certified copy of the record, for filing a record amendment according to the provisions of Section 44-63-60, 44-63-80, 44-63-90, or 44-63-100, or for searching the record, when no card, certificate, or certified copy is made, a fee in an amount as determined by the Board of Health and Environmental Control must be paid by the applicant. The amount of the fee established by the board may not exceed the cost of the services performed and to the extent possible must be charged on a uniform basis throughout the State. However, a two-dollar surcharge must be added to the fee amount for an original death certificate as determined by the Board of Health and Environmental Control and the surcharge must be remitted to the general fund and appropriated to the Department of Child Fatalities by July first of each year. When verification of the facts contained in these records is needed for Veterans' Administration purposes in connection with a claim, it must be furnished without charge to the South Carolina Department of Veterans' Affairs or to a county veterans' affairs officer upon request and upon the furnishing of satisfactory evidence that the request is for the purpose authorized in this chapter."

M. The State Child Fatalities Advisory Committee, created in Section 20-7-5910 of the 1976 Code, as contained in Section 3 of this act, shall hold its first meeting within one month of this act's effective date.

N. The Child Fatalities Department, created in Section 20-7-5910 of the 1976 Code, as contained in Section 3 of this act, must be formed within one month of this act's effective date.

O. The South Carolina Department of Social Services shall transfer all funds, positions, records, property, and equipment related to the child fatality review process in that agency to the Department of Child Fatalities. /

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

Senator GIESE raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The amendment was adopted.

Senator ELLIOTT proposed the following Amendment No. 37 (JIC\6022DW.93), which was adopted:

Amend the report, as and if amended, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REENACT THE PROVISIONS OF ACT 43 OF 1985 ALLOWING A BENEFICIARY RETURNING TO SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY TO CONTINUE TO RECEIVE BENEFITS UPON FILING A STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND TO MAKE THIS PROVISION RETROACTIVE TO ITS ORIGINAL EFFECTIVE DATE.

A. Section 9-8-60(1) of the 1976 Code is amended by adding a paragraph to read:

"A person receiving retirement allowances under this system who is elected to the General Assembly may continue to receive the retirement allowances during his service in the General Assembly if he files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly Retirement System while a member of the General Assembly. The person shall not make contributions to the General Assembly Retirement System nor shall the State make contributions on his behalf. The person is not entitled to benefits from the General Assembly Retirement System after ceasing to be a member of the General Assembly."

B. This act takes effect upon approval by the Governor and applies with respect to eligible members of the General Assembly serving after April 28, 1985./

Renumber sections, amend title and totals to conform.

Senator ELLIOTT explained the amendment.

Senator ELLIOTT moved that the amendment be adopted.

The amendment was adopted.

Senators RICHTER and SHORT desired to be recorded as abstaining from voting on the adoption of the amendment.

Senator PASSAILAIGUE proposed the following Amendment No. 45 (3610R042.ELP), which was adopted:

Amend the Finance Committee Report, as and if amended, Division IV, Page 254, by adding a new Section to be appropriately numbered to read:

TO REQUIRE ALL STATE AGENCIES, DEPARTMENTS, AUTHORITIES OR OTHER STATE GOVERNMENTAL ENTITIES OR QUASI-GOVERNMENTAL ENTITIES TO REPORT CONTRIBUTIONS AND DONATIONS TO ESTABLISH CERTAIN LIMITS, AND TO ESTABLISH CERTAIN REQUIREMENTS NECESSARY FOR THE MAKING OF A DONATION OR CONTRIBUTION.

A. On May 15th of each year, all state agencies, departments, authorities or any state governmental entity or quasi-governmental entity shall make a report to the General Assembly of all donations or contributions made fiscal year to date at the time of the report. The report shall itemize each such donation or contribution and shall include the amount, the date of the donation or contribution, the name and address of the recipient and the aggregate total of all prior fiscal year donations or contributions.

B. All contributions or donations made by any agency, department, authority or other governmental entity or quasi-governmental entity may only be made to a charitable or eleemosynary corporation which has received certification from the Internal Revenue Service as obtaining a 501(C)(3) exempt status.

C. Any contribution or donation over $2,500 must be approved by a vote of two-thirds of the total membership of the governing body of the agency, department, authority or other governmental entity or quasi-governmental entity.

D. The provisions of this Section do not apply to any voluntary personal donation or contribution made by any employee or official of any agency, department, authority or other governmental entity or quasi-governmental entity or any donation or contribution made through payroll deduction or withholding.

Renumber sections to conform.

Amend title to conform.

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

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 55 (N05\7289AL.93), which was tabled:

Amend the Finance Committee Report, as and if amended, Division IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-370 SO AS TO PROHIBIT AN EMPLOYEE OF CERTAIN COLLEGES AND UNIVERSITIES FROM ATTENDING CERTAIN SPORTING EVENTS AT STATE EXPENSE.

The 1976 Code is amended by adding:

"Section 59-101-370. No employee of a non-Division I, National Collegiate Athletic Association (NCAA) state supported institutions of higher learning may attend any part or portion of the NCAA Division I tournaments or related events at state expense from state funds./

Renumber sections to conform.

Amend title to conform.

Senator REESE explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators MACAULAY and WALDREP proposed the following Amendment No. 58 (3610R049.ASM), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV by adding an appropriately numbered Section to read:

TO AMEND SECTION 56-5-4140(3), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF CERTAIN VEHICLES TO PERMIT REQUIREMENTS, SO AS TO INCLUDE IN THE EXEMPTIONS WELL DRILLING OR BORING RIGS OR VEHICLES USED TO TRANSPORT WELL DRILLING EQUIPMENT.

A. Section 56-5-4140(3) of the 1976 Code is amended to read:

"(3) Except on the interstate highway system:

(a) Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use, including, but not limited to, well-drilling and boring rigs, are not required to conform to the axle spacing requirements of this section but the vehicle is limited to a weight of twenty twenty-five thousand pounds per axle plus scale tolerances and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances.

(b) Concrete mixing trucks which operate within fifteen miles of their home base and well-drilling and boring rigs which operate seventy-five miles of their home base are not required to conform to the requirements of this section but these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to exceed sixty-six seventy thousand pounds. All of these vehicles shall have at least three axles each with brake-equipped wheels." /

Amend sections, totals and title to conform.

Senator WALDREP explained the amendment.

Senator DRUMMOND spoke on the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 59 (PT\22136DW.93), which was adopted:

Amend the report of the Committee on Finance, as and if amended, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND THE 1976 CODE, BY ADDING SECTION 12-36-915 SO AS TO PROVIDE A SURCHARGE OF ONE DOLLAR FOR EACH ADULT FILM, VIDEO, OR RECORDING SOLD OR RENTED AT RETAIL, AND TO DEFINE "ADULT FILM, VIDEO, OR RECORDING" AND OTHER TERMS USED IN THIS SECTION, AND PROVIDE THAT REVENUE FROM THE SURCHARGE IMPOSED BY THIS SECTION MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE WITH THE FIRST FIFTY THOUSAND DOLLARS EACH YEAR COLLECTED BE FORWARDED TO THE RAPE CRISIS CENTERS UNDER THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL. The 1976 Code is amended by adding:

"Section 12-36-915. (A) As used in this section, unless the context otherwise requires:

(1) `Adult film, video, or recording' means a film, video, or recording that is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities.

(2) `Specified anatomical areas' means:

(a) less than completely and opaquely covered human genitals and pubic regions, buttocks, or female breasts below a point immediately above the top of the areola.

(b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(3) `Specified sexual activities' means:

(a) human genitals in a state of sexual stimulation or arousal;

(b) acts of human masturbation, sexual intercourse, or sodomy; or

(c) fondling or other erotic touchings of human genitals and pubic regions, buttocks, or female breasts.

(B) Any retailer who makes a sale at retail or rental of any adult film, video, or recording shall pay to the commission a per item surcharge of one dollar for each adult film, video, or recording sold or rented at retail.

(C) The provisions of this chapter pertaining to the administration of the sales tax govern the administration of the surcharge imposed by this section. Revenue from the surcharge imposed by this section is not a portion of sales tax collections for purposes of Section 12-36-910 and the entire revenue from the surcharge must be deposited in the general fund of the State provided that each year the first fifty thousand dollars collected must be forwarded to the Rape Crisis Centers under the Department of Health and Environmental Control."/

Renumber sections to conform.

Amend totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 60 (JIC\6028HC.93), which was tabled:

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

TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE CIGARETTE TAX FROM SEVEN CENTS TO TWELVE CENTS A PACK.

A. Section 12-21-620(5) of the 1976 Code is amended to read:

"(5) Upon all cigarettes made of tobacco or any substitute therefor, three and one-half six mills on each cigarette;".

B. This section takes effect July 1, 1993./

Renumber sections, amend title and totals to conform.

Senator BRYAN explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

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

Cork Courson Courtney
Drummond Elliott Gregory
Jackson Land Lander
Leatherman Macaulay McConnell
McGill Mescher Mitchell
O'Dell Patterson Peeler
Reese Rose Russell
Ryberg Setzler Smith, G.
Smith, J.V. Stilwell Washington
Wilson

Bryan Giese Hayes
Holland Leventis Moore
Passailaigue Richter Short
Thomas

Waldrep (Present) Nay

Saleeby (Absent) Aye

The amendment was laid on the table.

Senator CORK proposed the following Amendment No. 64 (PT\22135SD.93), which was tabled:

Amend the report of the Committee on Finance, as and if amended, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 12-21-2420 OF THE 1976 CODE RELATING TO THE IMPOSITION OF THE ADMISSIONS TAX AND THE EXEMPTIONS THEREFROM, SO AS TO EXEMPT ANNUAL OR MONTHLY FEES OR DUES PAID TO FOR-PROFIT COUNTRY CLUBS, AND TO DEFINE THE TERM COUNTRY CLUB FOR THIS PURPOSE.

A. Section 12-21-2420 of the 1976 Code is amended by adding a new item (15), immediately following item (14), to read:

"(15) On annual or monthly fees or dues paid to for-profit country clubs. The term `country club' for purposes of this item means incorporated clubs which offer recreational amenities including, but not limited to, golf, tennis, or swimming, or a combination thereof.

B. This section takes effect July 1, 1993./

Renumber sections, amend title and totals to conform.

Senator CORK explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

Part A of the amendment was laid on the table.

Senator CORK desired to be recorded as voting against the motion to table the amendment.

Senator LAND proposed the following Amendment No. 72 (3610R047.JCL), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 12-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND IDENTIFICATION MARKERS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES FOR REGISTRATION AND IDENTIFICATION FUEL MARKERS FOR QUALIFIED VEHICLES.

A. Section 12-31-20 of the 1976 Code is amended to read:

"Section 12-31-20. The South Carolina State Highway Department department shall enforce the provisions of this chapter with respect to the possession of correct registration and display of the proper identification markers marker. The South Carolina Tax Commission shall administer and enforce the provisions of this chapter, except the provisions respecting possession of registration and display of identification markers. Notwithstanding other provisions of this chapter, the department may enter into an agreement with other states in a registration and identification marker reciprocal agreement known as the International Fuel Tax Agreement (IFTA). Qualified vehicles operating in accordance with this agreement are not required to purchase other fuel markers in member states."

B. This section will take effect July 1, 1994. /

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Senators REESE, RUSSELL and COURTNEY proposed the following Amendment No. 77 (JIC\6036HC.93), which was adopted:

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

ALLOWING THE CORPORATE HEADQUARTERS CREDIT OF CERTAIN GROUPS OF CORPORATIONS FILING A CONSOLIDATED 1990 SOUTH CAROLINA CORPORATE INCOME TAX RETURN TO BE DETERMINED ON A CONSOLIDATED BASIS BY AGGREGATING CORPORATE HEADQUARTERS FUNCTIONS, EXPENDITURE AND EMPLOYMENT CREATIONS, AND CLASSIFICATIONS OF THE CORPORATIONS AND TO PROVIDE THAT THE RESULTING AGGREGATE CREDITS MAY BE CLAIMED AGAINST THE CORPORATE LICENSE TAX OF ANY CORPORATE MEMBER OF THE GROUP.

In the case of a group of corporations that filed a consolidated South Carolina corporate income tax return in 1990, if that group had aggregate expenditures in 1990 in excess of fifteen million dollars for qualifying real property costs under Section 12-7-1245 of the 1976 Code for facilities and property to be used substantially in connection with the supervision or management of restaurant and food service businesses and activities related thereto, the determination after 1989 of the eligibility under Section 12-7-1245 of the 1976 Code for credits against any tax due pursuant to Section 12-19-70 of the 1976 Code must be made on a consolidated basis by aggregating the corporate headquarters functions, the expenditures and the employment creations and classifications of the members of the group, and any resulting credits may be utilized against the tax liability under Section 12-19-70 of the 1976 Code of any member of the group./

Renumber sections, amend title and totals to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 79 (436\11453AC.93), which was adopted:

Amend the Report, as and if amended, Division IV, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-164 SO AS TO CREATE THE PINEWOOD DEVELOPMENT AUTHORITY, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; AND TO AMEND SECTION 44-56-163, RELATING TO THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD DEVELOPMENT FUND, SO AS TO DELETE DUPLICATE PROVISIONS.

A. The 1976 Code is amended by adding:

"Section 44-56-164. (A) There is created the Pinewood Development Authority a body politic and corporate. The authority shall consist of these ex officio members:

(1) the chairman of the Sumter County Council or a council member designated by the chairman;

(2) the chairman of the Clarendon County Council or a council member designated by the chairman;

(3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;

(4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.

(B) The authority shall approve, by a majority vote, the expenditure of funds from the Pinewood Development Fund, as created in Section 44-56-164(B) and may acquire and develop real and personal property and exercise all powers incidental to developing the Pinewood area pursuant to Section 44-56-164(B)."

B. Section 44-56-163(B) of the 1976 Code, as added by Act 501 of 1992, is amended to read:

"(B) There is created the Pinewood Development Fund in the Office of the State Treasurer. This fund must be financed through fees provided in Sections 44-56-170 and 44-56-510 and credited to this fund pursuant to Section 44-56-175. This fund must be used for economic development in the Pinewood area in Sumter or Clarendon County within a five-mile radius of the Pinewood Hazardous Waste Landfill. Expenditures of these funds must be approved by a majority of the following:

(1) the chairman of the Sumter County Council or a council member designated by the chairman;

(2) the chairman of the Clarendon County Council or a council member designated by the chairman;

(3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;

(4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.

All funds in the Pinewood Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treasurer to the City of Pinewood and expended pursuant to this subsection."

C. This section takes effect July 1, 1993./

Renumber sections to conform.

Amend totals and title to conform.

Senator LAND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator PEELER proposed the following Amendment No. 84 (N05\7299AL.93), which was ruled out of order:

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

TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1532 SO AS TO REQUIRE COURT ADMINISTRATION TO PROVIDE NOTICE TO MEMBERS OF THE JUDICIARY OF THE REQUIREMENTS OF SECTION 9-1-1530 AND TO PROVIDE AN EXCEPTION.

The 1976 Code is amended by adding:

"Section 9-1-1532. Court administration shall provide notice of the mandatory retirement provisions of Section 9-1-1530 to all magistrates six months in advance of their seventy-second birthday. In addition the notice must request the transfer of bank accounts, financial records, warrants, receipts, books, and other documents incident to the exercise of the judicial office to the appropriate person. Court administration shall continue to provide the notice until a court of competent jurisdiction declares the code sections unconstitutional or violative of federal law."/

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator HAYES raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Senator RICHTER proposed the following Amendment No. 93 (3610R023.LER), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV by adding an appropriately numbered Section to read:

TO AMEND ITEM 11(a) OF SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS, SO AS TO PROVIDE THAT THE FEE FOR FILING A FIRST COMPLAINT OR PETITION SHALL BE SIXTY DOLLARS.

A. Section 8-21-310(11)(a) of the 1976 Code is amended to read:

"(a) For for filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five sixty dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. Of the fifty-five sixty dollar fee thirty-five dollars is subject to the disposition provision of Section 20-7-1510 and the remaining twenty twenty-five dollars must be remitted to the State and deposited to the credit of the general fund of the State;" /

Amend section, totals and title to conform.

Senator RICHTER explained the amendment.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Senators MOORE and RYBERG proposed the following Amendment No. 94 (JIC\6040HC.93), which was adopted:

Amend the report, as and if amended, DIVISION IV, Permanent Provisions, by adding a new SECTION to be appropriately numbered:

TO AMEND SECTION 12-7-1220, AS AMENDED, OF THE 1976 CODE, RELATING TO THE TARGETED JOBS CORPORATE TAX CREDIT, SO AS TO ALLOW SHAREHOLDERS OF A SUBCHAPTER S CORPORATION OTHERWISE QUALIFYING FOR THE CREDIT AND WHICH ALSO QUALIFIES TO USE THE FEE IN LIEU OF PROPERTY TAXES TO CLAIM THE CREDIT AGAINST THE STATE INDIVIDUAL INCOME TAX LIABILITY OF THE SHAREHOLDER.

A. Section 12-7-1220 of the 1976 Code, as last amended by Act 331 of 1992, is further amended by adding an appropriately lettered subsection at the end to read:

"( ) (1) If a corporation qualifies to use the fee in lieu of property taxes provided in Section 4-29-67 and fails to qualify for a credit under this section solely because it is an S corporation, then each of the shareholders of the S corporation qualifies for a nonrefundable credit against taxes imposed pursuant to Section 12-7-210.

(2) The amount of the credit allowed a shareholder by this subsection is equal to the shareholder's percentage of stock ownership for the taxable year multiplied by the amount of the credit the corporation would have been entitled to if it were not an S corporation.

(3) A credit claimed under this subsection but not used in a taxable year may be carried forward for ten years from the close of the tax year in which the credit is earned by the S corporation. However, the credit established by this section taken in one tax year may not exceed fifty percent of the taxpayer's tax liability under Section 12-7-210."

B. This section is effective for taxable years beginning after 1992./

Renumber sections to conform.

Amend totals and title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 97 (JIC\6039HC.93), which was adopted:

Amend the report, as and if amended, DIVISION IV, Permanent Provisions, by adding a new SECTION appropriately numbered to read:

TO AMEND SECTION 12-36-2610, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO ALLOW A DISCOUNT NOT TO EXCEED TEN THOUSAND DOLLARS IN ONE STATE FISCAL YEAR FOR AN OUT-OF-STATE RETAILER VOLUNTARILY COLLECTING AND REMITTING USE TAX ON TANGIBLE PERSONAL PROPERTY SOLD TO CUSTOMERS IN THIS STATE.

A. Whereas, the General Assembly notes that there are many retail sales transactions for which there is no obligation to collect the South Carolina use tax under Quill v. North Dakota, 112 S.Ct. 1904 (1992); and

Whereas, to encourage the collection of South Carolina's use tax and to alleviate undue burdens of collections dealing with nonresident retailers an increased discount is appropriate. Now, therefore,

B. The second paragraph of Section 12-36-2610 of the 1976 Code, as amended by Act 501 of 1992, is further amended to read:

"In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the commission. The discount permitted a taxpayer under this section may not exceed three thousand dollars during any one state fiscal year. However, a person making sales into this State who cannot be required to register for sales and use tax under applicable law but who nevertheless voluntarily registers to collect and remit use tax on items of tangible personal property sold to customers in this State is entitled to a discount on returns filed as otherwise provided in this section not to exceed ten thousand dollars during any one state fiscal year."

C. This section takes effect July 1, 1993./

Renumber sections to conform.

Amend totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Senator RICHTER proposed the following Amendment No. 98 (3610R024.LER), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV by adding an appropriately numbered Section to read:

TO AMEND ITEM 11(a) OF SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS, SO AS TO PROVIDE THAT PARTIES IN CIVIL ACTIONS SHALL DEPOSIT ONE HUNDRED DOLLARS IN ADDITION TO THE FILING FEE FOR FILING A FIRST COMPLAINT OR PETITION WITH THE COURT, WHICH SHALL BE USED TO REIMBURSE THE PREVAILING PARTY FOR FILING EXPENSES.

A. Section 8-21-310(11)(a) of the 1976 Code is amended to read:

"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five sixty dollars. (1) Each litigant in a civil action shall deposit at the time of filing an initial pleading one hundred dollars in addition to the filing fee for filing a first complaint or petition with the court. The prevailing litigant or litigants shall be entitled to a refund of the one hundred dollar deposit. The losing litigant or litigants shall not receive a refund and the proceeds of the deposit shall be divided and distributed as follows: one-quarter to the state's general fund, one-quarter to the county's general fund, and one-half to the judicial department to be utilized at the discretion of the Chief Justice of the State Supreme Court. For the purpose of this section, any litigant against whom relief is granted shall be considered a losing litigant.

(2) When a case is disposed of by settlement, each litigant shall receive a refund of one-half of the one hundred dollar deposit.

(3) In the event a litigant is released or dismissed as a party defendant in a civil suit, one-half of the deposit made by the litigant released from the proceeding shall be refunded to such litigant.

If refunds are granted any litigant from the deposit under items (2) and (3) of this subsection, any remaining portions of the deposit shall be dispersed to the judicial department to be utilized at the discretion of the Chief Justice of the State Supreme Court. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. Of the fifty-five sixty dollar fee thirty-five forty dollars is subject to the disposition provision of Section 20-7-1510 and the remaining twenty dollars must be remitted to the State and deposited to the credit of the general fund of the State;" /

Amend section, totals and title to conform.

Senator RICHTER explained the amendment.

Senator RICHTER moved that the amendment be adopted.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator DRUMMOND proposed the following Amendment No. 105 (JIC\5996SD.93), which was adopted:

Amend the report, as and if amended, Division IV, Permanent Provisions, by adding a new section to be appropriately numbered which shall read:

TO AMEND THE 1976 CODE BY ADDING SECTION 4-10-65 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH FUNDS SHALL BE DISTRIBUTED WHICH ARE COLLECTED BY THE TAX COMMISSION FROM THE LOCAL OPTION SALES TAX WHICH ARE NOT IDENTIFIED AS TO THE GOVERNMENTAL UNIT DUE THE TAX.

The 1976 Code is amended by adding:

"Section 4-10-65. Funds collected by the Tax Commission from the local option sales tax which are not identified as to the governmental unit due the tax, shall, after a reasonable effort by the commission to determine the appropriate governmental unit, be deposited to a local option supplemental revenue fund. These funds shall be distributed in accordance with Section 4-10-60 to those counties generating less than the minimum distribution."/

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 106 (DKA\4758BD.93), which was adopted:

Amend the report of the Committee on Finance, as and if amended, DIVISION IV, Permanent Provisions, by adding an appropriately numbered SECTION to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 61-1-105 SO AS TO PROVIDE FOR A REFUND OF A PORTION OF A BIENNIAL LICENSE OR PERMIT WHEN A LICENSEE OR PERMITTEE CLOSES THE BUSINESS FOR ANY REASON.

The 1976 Code is amended by adding:

"Section 61-1-105. If a biennial licensee or permittee under this title closes the licensed or permitted business for any reason within the first year of the biennial license or permit year, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit year."/

Renumber sections to conform.

Amend totals and title to conform.

Senator MACAULAY explained the amendment.

Senator MACAULAY moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 107 (N05\7302BD.93), which was adopted:

Amend the Finance Committee Report, as and if amended, DIVISION IV, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 12-9-510 OF THE 1976 CODE, RELATING TO PAYMENTS TO THE TAX COMMISSION UPON THE SALE OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY OWNED BY A NONRESIDENT, SO AS TO PROVIDE OPTIONS FOR THE SELLER IF HE FINANCES ALL OR PART OF THE TRANSACTION.

Section 12-9-510 of the 1976 Code is amended by adding an appropriately lettered subsection to read:

"( ) If a seller finances all or part of the transaction, in lieu of remitting the tax due on each installment payment, the seller may give the buyer an affidavit stating that, for state income tax purposes, he will elect out of installment sales treatment, as defined by Section 453 of the Internal Revenue Code, and remit the entire amount of tax to be due over the period of the installment agreement, no later than the date provided in Section 12-9-530."/

Amend further, DIVISION II, page 5, line 24, by striking /(25,870,253)/ and inserting /(8,661,905)/.

Amend further, DIVISION III, SECTION 3, by adding two appropriately numbered provisos to read:

/35.__ The additional appropriation of $275,516 for the State Library must be used to increase the per capita allocation for Aid to County Libraries from 92 cents to $1.00 for fiscal year 1993-94.

39.__ An additional appropriation of $224,484 for the Department of Health and Environmental Control must be used to provide outreach and services to prevent teenage pregnancy, to provide voluntary sterilization, and to provide Norplant./

Renumber subsections and provisos to conform.

Amend title to conform.

Senator MACAULAY explained the amendment.

The amendment was adopted.

Having voting on the prevailing side, Senator SHORT moved to reconsider the vote whereby Amendment No. 88 (JIC\6034HC.93) proposed by Senators SHORT, SALEEBY and LANDER was adopted.

The motion to reconsider was adopted.

The question then was the adoption of the amendment.

On motion of Senator SHORT, with unanimous consent, Amendment No. 88 was withdrawn.

Senator LEATHERMAN proposed the following Amendment No. 117 (JIC\6051HC.93), which was adopted:

Amend the report, as and if amended, DIVISION IV, Permanent Provisions, by adding a new section appropriately numbered to read:

TO AMEND SECTION 12-36-2570 OF THE 1976 CODE, RELATING TO THE TIME FOR PAYMENT OF SALES AND USE TAX, SO AS TO AUTHORIZE THE TAX COMMISSION TO ENTER INTO AN AGREEMENT WITH A TAXPAYER ALLOWING THE TAXPAYER TO REMIT THE TAX ON STATISTICAL FACTORS PROVIDED IN THE AGREEMENT AND TO ALLOW THIS REPORTING ONLY FOR PURCHASES BY THE TAXPAYER FOR ITS USE, STORAGE, OR CONSUMPTION.

A. Section 12-36-2570 of the 1976 Code is amended by adding at the end:

"(E) The commission may enter into an agreement with a taxpayer which allows the taxpayer to remit the tax on statistical factors as set forth in the agreement. This method of reporting only applies to purchases by the taxpayer for its use, storage, or consumption, and not to purchases by the taxpayer for resale."

B. This section takes effect July 1, 1993./

Renumber sections to conform.

Amend totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 119 (3610R063.ELP), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION IV by adding an appropriately numbered Section at the end to read:

TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY CLASSIFICATION AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER OCCUPIED RESIDENTIAL REAL PROPERTY APPLIES WHEN THE REAL PROPERTY IS HELD IN TRUST AND THE TRUSTEE CERTIFIES TO THE ASSESSOR THAT THE RESIDENCE IS OCCUPIED BY THE INCOME BENEFICIARY OF THE TRUST, AND TO AMEND SECTION 12-37-266, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE HOMESTEAD EXEMPTION TO PROPERTY HELD IN TRUST FOR LIFE, SO AS TO PROVIDE THAT THE EXEMPTION APPLIES WHEN THE OTHERWISE ELIGIBLE BENEFICIARY OF A TRUST POSSESSES USE OF THE DWELLING.

A. Section 12-43-220(c) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:

"The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. This subsection (c) is not applicable unless the owner of the property or his agents make written application to the county assessor on or before the first penalty date for taxes due for the first tax year in which the assessment under this article is made and certify to the following statement: `Under the penalty of perjury I certify that I meet the qualifications for the special assessment ratio for a legal residence as of January first of the appropriate tax year'."

B. Section 12-37-266 of the 1976 Code is amended to read:

"Section 12-37-266. (1) When a trustee holds legal title to a dwelling that is the legal residence of a person beneficiary sixty-five years of age or older, or totally and permanently disabled, or blind, and such the person beneficiary possesses the use of the dwelling for life, the dwelling shall be is exempt from property taxation in the amount and manner as dwellings are exempt under Section 12-37-250 of the 1976 Code (homestead exemption); provided, that such person if the beneficiary meets the other conditions required for such the exemption. The trustee shall annually shall make application apply to the county auditor for the exemption on a form approved by the Comptroller General.

(2) The Comptroller General shall reimburse the taxing entity for the taxes not collected by reason of the exemption in the same manner and under the same conditions as reimbursement is provided for such the exemption by allowed pursuant to Section 12-37-250 of the 1976 Code." /

Amend sections, totals, and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

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

Bryan Drummond Holland
Jackson Land Lander
Leatherman Matthews Mitchell
Moore O'Dell Patterson
Russell Setzler Short
Smith, J.V. Stilwell Washington
Wilson

Cork Courson Courtney
Elliott Giese Gregory
Hayes Leventis Macaulay
McConnell McGill Mescher
Passailaigue Peeler Reese
Richter Rose Ryberg
Smith, G. Thomas Waldrep

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 120 (DKA\4765AL.93), which was adopted:

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

TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2325 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF DEALER PLATES; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER PLATES, SO AS TO PROVIDE ADDITIONAL RESTRICTIONS ON THE ISSUANCE OF DEALER LICENSE PLATES AND PROHIBIT THE ISSUANCE OF WHOLESALER LICENSE PLATES; TO AMEND SECTION 56-3-2350, RELATING TO SPECIAL REGISTRATION, SO AS TO PROVIDE FOR USE OF TRANSPORTER LICENSE PLATES FOR DEALERS; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALE AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A DEALER LICENSE PLATE FROM IMPOSITION OF TAX.

A. The 1976 Code is amended by adding:

"Section 56-3-2325. A person who misuses a dealer license plate issued pursuant to this article must be fined three hundred dollars or forfeit the dealer license plate, or both."

B. Section 56-3-2320 of the 1976 Code, as last amended by Act 498 of 1992, is further amended to read:

"Section 56-3-2320. (A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a duly licensed motor vehicle dealer or wholesaler, upon application being made and the required fee being paid to the department, dealer or wholesaler license plates. The license plates, notwithstanding any provision of this chapter to the contrary, may be used exclusively on motor vehicles owned by, or assigned to the dealer or wholesaler when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days and the dealer must provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer or wholesaler plates may not be used to operate wreckers or service vehicles in use by the dealer or wholesaler, nor to operate vehicles owned by the dealer and wholesaler that are leased or rented by the public. No dealer or wholesaler plates may be issued by the department unless the dealer or wholesaler furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 or wholesaler's certificate of exemption from the Tax Commission and has made at least ten fifty sales of motor vehicles in the twelve months preceding his application for a dealer or wholesaler plate. The sales requirement may be waived by the department if the dealer or wholesaler has been licensed for less than one year. However, a dealer that sells less than fifty but more than ten vehicles in the twelve months preceding his application for a dealer plate is eligible to obtain one dealer license plate. The cost of this plate is three hundred dollars. Twenty dollars of this fee must be remitted to the department and the balance of this fee must be remitted to the treasury of the county in which the dealer is licensed.

The Department shall make a distinction between dealer tags and wholesaler tags. No A dealer or wholesaler may be issued more than six plates or the number equal to the average number of employees of the dealership at a rate of one for every twenty vehicles sold during the preceding year, which ever is greater. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.

The cost of each dealer or wholesaler plate issued is twenty dollars.

Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of heavy duty trucks is eligible to obtain dealer license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks.

(B) For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which also shall also provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and also shall also mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer.

Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of heavy duty trucks is eligible to obtain dealer tags for exclusive use on such heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer tags for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks."

C. Section 56-3-2350 of the 1976 Code is amended to read:

"Section 56-3-2350. (A) A person engaged in a business of limited operation of motor vehicles to facilitate the manufacture or construction of cabs or bodies or the foreclosure or repossession of such these motor vehicles may apply to the department for special registration to be issued to and used by such the person subject to upon the following conditions:

(1) Application shall must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and shall be filed with the department each year. Such The application shall must include the name and residence address of applicant, (a) if an individual, the name under which he intends to conduct business, (b) if a partnership, the name and residence address of each member thereof of the partnership, and the name under which the business is to be conducted, (c) if a corporation, the name and company addresses of the corporation, and the name and residence address of each of its officers.

(2) The application shall must be certified by the applicant and by an agent of the department to verify the facts as set forth in the application.

(3) The annual fee for registration shall be is fifty dollars, plus an annual fee of ten dollars for each license plate.

(B) A motor vehicle dealer or wholesaler duly licensed under Section 56-15-310 may purchase transporter license plates and use them solely for transporting motor vehicles and heavy duty trucks from one place of sale to another place of sale. Any other use of a transporter license plate by a duly licensed dealer or wholesaler is subject to a three hundred fine and loss of the license plate."

D. Section 12-36-90(2) of the 1976 Code, as last amended by Section 74A, Part II, Act 612 of 1990, is further amended by adding:

"(e) a motor vehicle operated with a dealer or transporter license plate and used in accordance with the provisions of Section 56-3-2320;"

E. Section 12-36-110(1)(c) of the 1976 Code, as last amended by Section 74A, Part II, Act 612 of 1990, is further amended by adding:

"(v) a motor vehicle operated with a dealer or transporter license plate and used in accordance with the provisions of Section 56-3-2320;"/

Renumber sections to conform.

Amend totals and title to conform.

Senator REESE explained the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 122 (3610R065.GFM ), which was adopted:

Amend the Finance Committee Report, as and if amended, DIVISION IV, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 57-25-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS SO AS TO PROVIDE FOR A FIVE DOLLAR FEE FOR DIRECTIONAL SIGNS RELATING TO NATIONAL HISTORIC LANDMARKS.

A. Section 57-25-150 of the 1976 Code is amended by adding an Item (H) to read as follows:

"(H) National Historic Landmark Section 501 (C)3 properties located along South Carolina highways shall be allowed to erect small directional signs no more frequently than one per mile within six miles of said properties.

The signs shall state the name of the historic property and mileage and comprise no more than twenty letters measuring no more than fifteen inches by thirty-six inches and painted using a single color or a neutral background.

The South Carolina Department of Highways and Transportation shall issue a permit sticker for each sign for an annual fee of five dollars per sign. The department is also authorized to issue regulations as are necessary to implement the permit process and the conditions and restrictions for the proper placement, height, and design as necessary to the efficient administration hereof."

B. This Section takes effect July 1, 1993. /

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Senator McCONNELL explained the amendment.

The amendment was adopted.

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

Senator DRUMMOND moved that when the Senate adjourns on the legislative day of Thursday, May 20, 1993, it stand adjourned to meet on Friday, May 21, 1993, at 4:40 A.M., which motion was adopted.

At 4:35 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 4:40 A.M.

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