Indicates Matter Stricken
Indicates New Matter

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

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

Mr. PRESIDENT, Beloved Senate, loyal staff, and Friends: It is now traditional that each year, on or near the birthday of President George Washington... because of its content and timeliness, we pray his "Prayer For the United States of America."
Let us pray George Washington's prayer.

"Almighty God: we make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And finally that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplication, we beseech Thee, through Jesus Christ our Lord."

Amen!

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

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

The Senate resumed.

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

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

Document No. 1729
Promulgated by Board of Cosmetology, Department of Labor, Licensing and Regulation
Practice of Cosmetology; Fees; Fines
Received by Lt. Governor February 17, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date January 24, 1995

Document No. 1732
Promulgated by Board of Cosmetology, Department of Labor, Licensing and Regulation
Sanitary and Safety Rules for Salons and Schools
Received by Lt. Governor February 17, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date January 24, 1995

On motion of Senator WILLIAMS, at 12:00 Noon, Senator SALEEBY was granted a leave of absence for the balance of the week.

At 1:05 P.M., Senator RICHTER requested a leave of absence until 4:00 P.M.

S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.

Senator RANKIN asked unanimous consent to make a motion to recall the Bill from the Horry County Local Delegation.

There was no objection.

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

The following were introduced:

S. 1204 -- Senator Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-77 SO AS TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF SOCIAL SERVICES IN CONJUNCTION WITH THE SOUTH CAROLINA HOSPITAL ASSOCIATION TO DEVELOP A PROGRAM FOR OBTAINING IN-HOSPITAL VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY; AND TO AMEND SECTION 20-7-956, RELATING TO EVIDENCE ADMISSIBLE IN PATERNITY HEARINGS, SO AS TO PROVIDE THAT SUCH ACKNOWLEDGMENTS OF PATERNITY ARE ADMISSIBLE AND CREATE A REBUTTABLE PRESUMPTION OF PATERNITY.

Read the first time and referred to the General Committee.

S. 1205 -- Senator Land: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THIS FUND ENSURES PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY
POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, PROVIDE THAT THIS FUND, UNDER CERTAIN CONDITIONS, ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

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

S. 1206 -- Senator Ryberg: A BILL TO AMEND SECTION 8-13-910 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF STATEMENTS OF ECONOMIC INTERESTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THIS SECTION SHALL ALSO APPLY TO PERSONS SEEKING AN OFFICE ELECTED BY THE LEGISLATIVE DELEGATION OF A CONGRESSIONAL DISTRICT OR JUDICIAL CIRCUIT; TO AMEND SECTIONS 8-13-920, RELATING TO THE REPORTING OF CAMPAIGN EXPENDITURES BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND 8-13-930, RELATING TO THE SEEKING OR OFFERING OF PLEDGES BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THESE SECTIONS SHALL ALSO APPLY TO PERSONS CONFIRMED BY THE SENATE OR GENERAL ASSEMBLY AND PERSONS SEEKING AN OFFICE ELECTED BY THE LEGISLATIVE DELEGATION OF A CONGRESSIONAL DISTRICT OR JUDICIAL CIRCUIT; AND TO AMEND SECTION 57-1-325 OF THE 1976 CODE, RELATING TO THE MEETING OF LEGISLATORS TO ELECT A CONGRESSIONAL DISTRICT'S TRANSPORTATION COMMISSIONER, SO AS TO PROVIDE FOR THE CREATION OF A SCREENING PROCESS PRIOR TO THE ELECTION.

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

S. 1207 -- Senators Greg Smith and McGill: A BILL TO ABOLISH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION COMMISSION, AND TO CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.

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

S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 9, 1994, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 9, 1994, at 12:00 noon, for the purpose of electing successors to the members of the South Carolina Public Service Commission from the First, Second, Third, Fourth, Fifth, Sixth, and At-Large Districts, so as to fill terms which expire June 30, 1994.

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

H. 4781 -- Reps. Kirsh, Simrill, Meacham, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 1, 1994, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to over 136,000 people; and

Whereas, the tax base of York County has increased during the past year over 13 million dollars as a result of positive growth, new homes, new businesses, developed property, improved residential and commercial properties; and

Whereas, gross retail sales in York County have nearly doubled since 1986, and increased over sixteen percent during the past year to an estimated 2 billion dollars; and

Whereas, a total of eleven new companies, some nationally known, announced plans to locate in York County in 1994, providing a total investment of 52.1 million dollars and a total of eight hundred jobs; and

Whereas, nine existing York County industries expanded in 1993 for a total investment of 69.1 million dollars and five hundred ten new jobs; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased twelve percent over the past two years, and accommodations tax collections have increased forty-eight percent also during the past two years. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring March 1, 1994, "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the six Chambers of Commerce in York County.

Referred to the Committee on Invitations.

H. 4786 -- Reps. Harvin, G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE EDWARD S. ERVIN, III, OF SUMTER COUNTY FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AS A MEMBER OF THE FORMER STATE COLLEGE BOARD OF TRUSTEES AND AS A MEMBER OF THE INDEPENDENT BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY; WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT; AND DESIGNATING HIM AS "TRUSTEE EMERITUS" OF FRANCIS MARION UNIVERSITY.

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

H. 4040 -- Reps. Riser, Snow, Worley, T.C. Alexander, Rhoad, Kelley, Witherspoon and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO ESTABLISH THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS, DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, HEALTH PERMITS, QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES, DISPOSITION OF FINES AND FEES, AND ADVISORY COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION 47-19-35 SO AS TO PROVIDE FOR PERMITS FOR ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED AND WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND SECTION 47-6-10, RELATING TO THE REFERENCE FOR THE PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-6-50, RELATING TO IMPORTATION OF SWINE, SO AS TO DELETE THE REFERENCE TO FEEDING OR BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO BE ACCOMPANIED BY A HEALTH CERTIFICATE, REVISE RELATED REFERENCES, AND CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 47, RELATING TO REGULATION OF STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO DELETE SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT INSPECTION, REVOCATION, AND DURATION AND ADD SECTION 47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD IN A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY, PROVIDE FOR THE COMMISSION TO ADMINISTER THE ARTICLE, DELETE UNNECESSARY DEFINITIONS, REVISE PERMIT REQUIREMENTS, CHANGE THE REFERENCES TO STATE VETERINARIAN TO COMMISSION, PROVIDE FOR EQUINE SALE AND POULTRY FACILITIES WITHIN THE ARTICLE, REVISE BOND, LIVESTOCK FACILITY, AND RECORD REQUIREMENTS, CHANGE REFERENCES FROM CERTIFICATE OF HEALTH TO CERTIFICATE OF VETERINARY INSPECTION, DELETE PROVISIONS FOR SWINE INOCULATION AGAINST CHOLERA, PROVIDE FOR ESTABLISHMENT OF SLAUGHTER ASSEMBLY POINTS, AND REVISE PROVISIONS FOR INFECTED AND EXPOSED ANIMALS, FOR ENFORCEMENT, AND FOR PENALTIES; TO AMEND SECTION 47-13-10, RELATING TO THE DUTIES OF CLEMSON UNIVERSITY PERTAINING TO DISEASES AND INFECTIONS, SO AS TO DELETE THE UNIVERSITY'S DUTIES AND PROVIDE FOR THE PROVISIONS ON DISEASES AND INFECTIONS TO BE ADMINISTERED BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION; TO AMEND SECTION 47-13-20, RELATING TO THE POWERS OF THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION AND REVISE RELATED DUTIES; TO AMEND SECTION 47-13-30, RELATING TO EXPENSES OF THE STATE VETERINARIAN, SO AS TO DELETE EXPENSE PROVISIONS AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 47-13-110, RELATING TO DISEASED BIOLOGICAL PRODUCTS, SO AS TO REVISE THE LIMITATIONS ON THE POSSESSION, SALE, AND DISTRIBUTION OF THE PRODUCTS; TO AMEND SECTION 47-13-130, RELATING TO APPROPRIATION OF FUNDS TO ERADICATE DISEASES IN ANIMALS AND BIRDS, SO AS TO CHANGE REFERENCES FROM BIRDS TO POULTRY AND FROM CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE PROVISION FOR EMPLOYMENT BY THE UNIVERSITY; TO AMEND SECTION 47-13-150, RELATING TO THE QUARANTINE AGAINST IMPORTING CERTAIN PORK, SO AS TO REVISE THE QUARANTINE REQUIREMENTS AND PROVIDE FOR THEM TO APPLY TO THE IMPORTATION OF SLAUGHTERED MEAT OR POULTRY; TO AMEND SECTION 47-13-310, RELATING TO ORDERS TO DISINFECT, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO COMMISSION AND REVISE THE REQUIREMENTS FOR NOTICE TO PERSONS WITH INFESTED OR INFECTED LIVESTOCK, REQUIREMENTS FOR ACTION BASED ON THE NOTICE, AND PENALTIES; TO AMEND SECTION 47-13-340, RELATING TO THE VENUE OF PROSECUTIONS FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE TICK FEVER, SO AS TO PROVIDE FOR THE VENUE REQUIREMENTS TO APPLY TO ANIMALS, LIVESTOCK, OR POULTRY INFESTED OR INFECTED WITH OR EXPOSED TO A CARRIER OF AN INFECTIOUS, A CONTAGIOUS, OR A COMMUNICABLE DISEASE; TO AMEND SECTION 47-13-390, RELATING TO THE METHOD OF APPRAISAL OF ANIMALS TO BE KILLED, SO AS TO CHANGE THE REFERENCE TO THE CHAIRMAN OF THE VETERINARY COMMITTEE OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-420, RELATING TO EXPENSES OF ANIMAL APPRAISAL, SO AS TO CHANGE THE REFERENCES TO STATE VETERINARIAN AND CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE AUTHORIZED EXPENSES; TO AMEND SECTION 47-13-680, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH BRUCELLOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-690, RELATING TO INDEMNITY FOR INFECTED CATTLE, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-880, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH TUBERCULOSIS AND PARATUBERCULOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-1220, RELATING TO THE POWERS AND DUTIES OF CLEMSON UNIVERSITY AND THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCES FROM THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE THE REFERENCE TO THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1230, RELATING TO POULTRY PULLORUM AND TYPHOID REGULATIONS, SO AS TO PROVIDE FOR THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION TO PROMULGATE THE REGULATIONS INSTEAD OF CLEMSON UNIVERSITY AND DELETE PROVISIONS FOR THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1240, RELATING TO VIOLATIONS PERTAINING TO POULTRY PULLORUM AND TYPHOID, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-15-70, RELATING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CHAPTER PERTAINING TO FEEDING GARBAGE TO SWINE, SO AS TO PROVIDE FOR ADMINISTRATION AND ENFORCEMENT BY THE COMMISSION INSTEAD OF CLEMSON UNIVERSITY, DELETE THE PROVISION FOR REGULATIONS, AND INCLUDE THE CHAPTER PERTAINING TO THE COMMISSION IN THE ADMINISTRATION AND ENFORCEMENT; TO AMEND SECTION 47-15-80, RELATING TO VIOLATIONS PERTAINING TO THE CHAPTER ON SWINE, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-20, RELATING TO DEFINITIONS PERTAINING TO THE MEAT AND MEAT FOOD REGULATIONS AND INSPECTION LAW, SO AS TO REVISE THE DEFINITION OF DIRECTOR AND PROVIDE FOR THE LAW TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-17-100, RELATING TO CERTAIN VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-120, RELATING TO LICENSES FOR ESTABLISHMENTS WHERE ANIMALS ARE SLAUGHTERED OR MEAT IS PACKED, SO AS TO CHANGE THE REFERENCE TO LICENSE TO PERMIT, INCLUDE EQUINE WITHIN THE PERMITTING PROVISIONS, REVISE THE PERMIT FEE AND OTHER REQUIREMENTS, AND DELETE THE AUTHORIZATION FOR CERTAIN REGULATIONS; TO AMEND SECTION 47-19-10, RELATING TO THE CITE TO THE SOUTH CAROLINA POULTRY PRODUCTS INSPECTION ACT OF 1969, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-19-20, RELATING TO DEFINITIONS PERTAINING TO THE 1969 ACT, SO AS TO DELETE THE DEFINITION FOR THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, DEFINE COMMISSION, AND CHANGE THE REFERENCE TO CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DEPARTMENT TO COMMISSION; TO AMEND SECTION 47-19-30, RELATING TO THE STATE AGENCY TO COOPERATE WITH THE SECRETARY OF AGRICULTURE UNDER THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY AND ITS LIVESTOCK-POULTRY HEALTH DEPARTMENT AND DIRECTOR TO THE COMMISSION AND CLARIFY THE REFERENCE TO DIRECTOR; TO REPEAL ARTICLE 5, CHAPTER 9, TITLE 47 RELATING TO IMPORTATION OF LIVESTOCK, SECTIONS 47-13-40 RELATING TO QUARANTINE BY THE STATE VETERINARIAN, 47-13-50 RELATING TO LIVESTOCK DISEASE REGULATIONS, 47-13-90 RELATING TO THE HOG CHOLERA VIRUS, 47-13-100 RELATING TO HOG CHOLERA REPORTS, 47-13-120 RELATING TO OBSTRUCTION OF THE STATE VETERINARIAN IN DISCHARGING HIS DUTIES, 47-13-140 RELATING TO EMBARGOES ON IMPORTING LIVESTOCK OR POULTRY; 47-13-330 RELATING TO PENALTIES FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE FEVER TICK, AND 47-13-350 RELATING TO TREATMENT OR DESTRUCTION OF DISEASED ANIMALS, ARTICLE 9, CHAPTER 13, TITLE 47 RELATING TO HOG CHOLERA, AND SECTION 47-17-110 RELATING TO NOTICE OF VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.

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

H. 4501 -- Reps. Snow, McMahand, Baker, Farr, McAbee, Carnell, Townsend, Jaskwhich, Allison, Chamblee, D. Smith, Tucker, Stille, Littlejohn, Cooper, Haskins, Cato, Vaughn, Trotter, Anderson, Fair, T.C. Alexander, Wells, Lanford, Davenport, Phillips, McCraw, Mattos and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE FOR THE ISSUANCE OF ANTERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.

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

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

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

H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: A BILL TO CREATE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS AND TO ABOLISH THE BEAUFORT COUNTY ELECTION COMMISSION AND BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

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

H. 4752 -- Reps. Kelley, Martin, Witherspoon and Snow: A BILL TO PROVIDE THAT MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE MEMBER TAKES OFFICE.

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

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 954 -- Senators Leventis, Martin, Land, Peeler, Holland and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3325 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 4067 -- Rep. White: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO REVISE PERMIT AND TRAWLING RESTRICTIONS.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4760 favorable:

H. 4760 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS IN SOUTH CAROLINA IN REGARD TO THE REHABILITATIVE CARE OF OUR CITIZENS AND TO DECLARE WEDNESDAY, FEBRUARY 23, 1994, AS "PHYSICAL THERAPY DAY" IN SOUTH CAROLINA.

Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell

Russell Passailaigue

Ordered for consideration tomorrow.

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

An invitation from Council of Chambers of York County to attend a reception at Adam's Mark (Marriott) on Tuesday, March 1, 1994, from 6:00 until 8:30 P.M.

Courson Peeler Matthews
Thomas Patterson Russell
Passailaigue

Wilson Stilwell O'Dell

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

An invitation from S.C. Chapter/Nat. Assn. of Social Workers to attend a reception at Adam's Mark (Marriott) on Wednesday, March 2, 1994, from 6:30 until 8:30 P.M.

Courson Peeler Thomas
Patterson Stilwell Russell
O'Dell Passailaigue

Wilson Matthews

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

An invitation from S.C. Assn. of Realtors to attend a midday reception at Adam's Mark (Marriott) on Wednesday, March 9, 1994, at 1:30 P.M. or immediately upon adjournment and lasting until 2:30 P.M.

Courson Peeler Thomas
Patterson Stilwell Russell
O'Dell Passailaigue

Wilson Matthews

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

An invitation from Nat. Assn. of Credit Managers to attend a reception at the Ramada Town House on Wednesday, March 9, 1994, from 6:00 until 8:00 P.M.

Courson Peeler Thomas
Patterson Stilwell Russell
O'Dell Passailaigue

Wilson Matthews

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. 4212 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-13-175, SO AS TO PROVIDE THAT A CATCH LINE HEADING OR CAPTION WHICH IMMEDIATELY FOLLOWS THE SECTION NUMBER OF ANY SECTION OF THE CODE OF LAWS MUST NOT BE DEEMED TO BE A PART OF THE SECTION AND MUST NOT BE USED TO CONSTRUE THE SECTION MORE BROADLY OR NARROWLY THAN THE TEXT OF THE SECTION WOULD INDICATE.

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

S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.

S. 772 -- Senator Russell: A BILL TO AMEND SECTION 31-3-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AUTHORITIES, SO AS TO PROVIDE FOR COUNTY REPRESENTATION ON CITY HOUSING AUTHORITIES WHEN SUCH AUTHORITY EXERCISES EXTRATERRITORIAL POWERS WITHIN THE COUNTY.

S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED
THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.

Senator McCONNELL explained the Bill.

S. 915 -- Senators Courtney and J. Verne Smith: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE BASED UPON ANY OF THE VALID GROUNDS MAY BE ALLOWED REGARDLESS OF ANY PLEA OF RECRIMINATION AND TO MAKE OTHER CONFORMING CHANGES.

S. 1044 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO REPEAL CHAPTER 11 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF DEEDS AND DOCUMENTS OF RAILROADS.

S. 1045 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.

S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.

S. 691 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65 SO AS TO PROVIDE QUALIFICATIONS FOR A CANDIDATE FOR THE SENATE.

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

Senator COURTNEY proposed the following amendment (JIC\5582DW.94), which was adopted:

Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:

/SECTION ___. Section 2-1-40 of the 1976 Code is amended to read:

"Section 2-1-40. Any person otherwise qualified by law and the Constitution of this State may file as a candidate and can be elected only in the district in which he is a resident. A person may file for only one House office. Terms of office shall be are for two years."

SECTION ___. The next to last paragraph of Section 2-1-60 of the 1976 Code is amended to read:

"Each Senate office shall constitute a separate and distinct office to which a separate number must be assigned. A candidate for the office of Senator must be a legal resident of the district in which he is a candidate."/

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

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

H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994.

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

The Judiciary Committee proposed the following amendment (JUD4535.001), which was adopted:

Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION ___. Notwithstanding the provisions of Section 7-13-40, for 1994 only, certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on June seventeenth. /

Renumber sections to conform.

Amend title to conform.

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

S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.

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

The Education Committee proposed the following amendment (778R001.NGS), which was adopted:

Amend the bill, as and if amended, by inserting on page 1, line 35, after the word / for / the following:

/ staff development or for /

Amend the bill further, as and if amended, by inserting on page 1, line 36, after the word / administering/ the following:

/ end-of-semester and /

Amend title to conform.

Senators GIESE and REESE proposed the following amendment (778R002.WKG), which was adopted:

Amend the bill, as and if amended, page 1, line 32, by inserting after the period the following:
/ Before varying the length of the school day, the administration must consult with the affected school faculty. /

Amend title to conform.

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

H. 4673 -- Reps. Klauber, Carnell and McAbee: A BILL TO PROVIDE THAT THE QUALIFIED ELECTORS OF SCHOOL DISTRICTS 50 AND 52 IN GREENWOOD COUNTY AND SCHOOL DISTRICT 51 IN GREENWOOD, LAURENS, AND ABBEVILLE COUNTIES BY PETITION MAY PROPOSE THAT AN ADVISORY REFERENDUM BE CONDUCTED IN THAT DISTRICT, AND TO PROVIDE FOR THE MANNER IN WHICH AND THE PROCEDURES UNDER WHICH THIS ADVISORY REFERENDUM SHALL BE CONDUCTED.

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

On motion of Senator DRUMMOND, the Bill was committed to the Committee on Judiciary.

S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, the Resolution was carried over.

S. 679 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-462 SO AS TO REQUIRE THE STATE TO DEFEND GOVERNMENT OFFICERS AND EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, TO REQUIRE THE STATE TO INDEMNIFY THEM FROM LOSS, WHETHER SUED IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE THAT SUCH OFFICERS AND EMPLOYEES ARE ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT WHEN ADMINISTERING A STATE LAW WHICH HAS NOT BEEN HELD UNCONSTITUTIONAL OR UNLAWFUL BY A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION, AND TO DEFINE "FINAL DECISION".

Senator WILSON explained the Bill.

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

S. 965 -- Senator Rose: A BILL TO AMEND SECTION 7-13-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO REQUIRE NAMES OF CANDIDATES FOR CONGRESSIONAL, LEGISLATIVE, COUNTY, OR OTHER OFFICES TO BE PLACED IN ALPHABETICAL ORDER IN THE PROPER PLACE ON THE APPROPRIATE BALLOT.

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

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

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

At 1:10 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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