Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, let us reflect on the wise and foolish virgins... as recorded in St. Matthew (25:1):

"Now they that were foolish

took their lamps and took no oil with them,

But the wise took oil in their vessels

with their lamps."
Let us pray.

Gracious Lord, in Whom to "abide" is to "stand forever":

We see that the difference between the wise and the foolish virgins was the difference in being prepared for the short term, unforseen, emergencies.

Help us to do our "homework", and be prepared not only for the long term but also for the sudden crises.

Help us to take into each new day the spirit of joyous expectancy reminiscent of the experience of the virgins when they heard, at midnight, the cry,

"The bridegroom is here!"

Amen.

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

January 12, 1994
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, Governing Board of the Department of Natural Resources, with term to commence July 1, 1994, and to expire July 1, 1998:

At-Large:

Mr. Marion T. Burnside, 7071 Bluff Road, Hopkins, S.C. 29061 VICE Knox L. Haynesworth, Jr.

Referred to the Committee on Fish, Game and Forestry.

February 10, 1994
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, Juvenile Parole Board, with term to commence June 30, 1994, and to expire June 30, 1998:

Third Congressional District:

Randall T. Ruble, Ph.D., Post Office Box 172, Due West, S.C. 29639 VICE Marlene McClain

Referred to the Committee on Corrections and Penology.

Initial Appointment, Member, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1997:

First Congressional District:

Ms. Wilma Sykes Brown, 2930 Cheltenham Lane, Charleston, S.C. 29414

Referred to Committee on Judiciary.

Senator LEATHERMAN introduced Dr. E. Conyers O'Bryan of Florence, S.C., Doctor of the Day.

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

On motion of Senator McCONNELL, at 12:00 Noon, Senator MACAULAY was granted a leave of absence for today.

On motion of Senator REESE, at 1:05 P.M., Senator RICHTER was granted a leave of absence until 3:00 P.M.

Senator HOLLAND rose to a Point of Personal Interest.

Columbia, S.C., March 1, 1994

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

H. 4564 -- Rep. Spearman: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.

Senator LANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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

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

The following were introduced:

S. 1219 -- Senator Setzler: A BILL TO AMEND SECTION 59-20-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF THE INDEX OF TAXPAYING ABILITY FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ASSESSMENTS USED ARE THE AUDITED ASSESSMENTS BY SCHOOL DISTRICT SUBMITTED ANNUALLY TO THE COMPTROLLER GENERAL, TO REVISE THE DATE BY WHICH THE AUDITOR MUST REPORT AUDITED ASSESSED VALUES FROM FEBRUARY FIRST TO OCTOBER FIRST AND TO CLARIFY AND REVISE REPORTING REQUIREMENTS; TO REQUIRE THE SALES RATIO DATA USED TO CALCULATE THE INDEX TO CONFORM TO THE MOST RECENT STUDIES CORRESPONDING TO THE BASE YEAR AND TO DEFINE BASE YEAR, AND TO PROVIDE FOR THE DEPARTMENT OF REVENUE AND TAXATION TO PROVIDE A PRELIMINARY INDEX BY NOVEMBER FIRST OF EACH YEAR AND A FINAL INDEX BY FEBRUARY FIRST.

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

S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.

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

S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1222 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-85 SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE VOLUNTEER LICENSES FOR PROVIDING CARE TO THE NEEDY AND INDIGENT IN SOUTH CAROLINA.

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

S. 1223 -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF FLORENCE POLICE CHIEF WAYMON MUMFORD ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

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

H. 4762 -- Reps. Gonzales, Stone, G. Brown, Simrill, Littlejohn, Corning, Shissias, Harrison, Fulmer, Harrell, Harrelson, Holt, Canty, J. Bailey, Waites, Stuart, Quinn, Whipper, Law, Keegan, Wright, Gamble, Klauber, R. Smith, D. Smith, A. Young, Cato and Meacham: A CONCURRENT RESOLUTION TO DECLARE THE INTENT OF THE GENERAL ASSEMBLY THAT ALL STATE AGENCIES AND DEPARTMENTS SHALL PROVIDE COPIES OF DOCUMENTS OR RECORDS REQUESTED BY A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THIS STATE, OR ANY AGENCY OR DEPARTMENT THEREOF, PROMPTLY AND WITHOUT CHARGE IF THE REQUESTING ENTITY CERTIFIES THAT THE COPIES ARE NEEDED FOR NATURAL DISASTER RELIEF PURPOSES TO INCLUDE DOCUMENTATION TO A FEDERAL RELIEF AGENCY OF EXPENSES INCURRED OR ACTIONS TAKEN.

Whereas, it has come to the attention of the members of the General Assembly that some delay has occurred in the furnishing of documents and information to the Federal Emergency Management Agency as a result of Hurricane Hugo because of disputes between state and local agencies as to the appropriate costs, if any, of securing the needed documents and information; and

Whereas, the members of the General Assembly, by this resolution, declare that obtaining federal reimbursement of losses from this terrible natural disaster is vital to the economic recovery and well-being of those areas of our State devastated by Hurricane Hugo and that bureaucratic disagreements that delay these reimbursements do not serve the public interest. Now, therefore,

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

That the General Assembly hereby declares its intent that all state agencies and departments shall provide copies of documents or records requested by a county, municipality, or other political subdivision of this State, or any agency or department thereof, promptly and without charge if the requesting entity certifies that the copies are needed for natural disaster relief purposes to include documentation to a federal relief agency of expenses incurred or actions taken.

Be it further resolved that the above provisions also apply to Freedom of Information Act requests.

Referred to the Committee on Finance.

H. 4783 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 413 AND SOUTH CAROLINA HIGHWAY 252 IN ANDERSON COUNTY AS "MCCOY'S CROSSROADS" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.

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

That the General Assembly of South Carolina, by this resolution, requests the Department of Transportation to designate and name the intersection of South Carolina Highway 413 and South Carolina Highway 252 in Anderson County as "McCoy's Crossroads" and to install appropriate markers and signs on all four roads of the intersection containing the words "McCoy's Crossroads".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

H. 3051 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.

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

H. 3518 -- Rep. R. Young: A BILL TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ELIMINATE THE REQUIREMENT OF AN AFFIDAVIT AND ACKNOWLEDGEMENT.

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

H. 3747 -- Reps. Wilkins, Hodges and Huff: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.

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

H. 4368 -- Reps. P. Harris, Neilson, Waldrop, Baxley, J. Brown, Cromer, Davenport, Delleney, Farr, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Tucker, Waites, Whipper, D. Wilder, Wilkes, Witherspoon, Keyserling, Breeland, Elliott and Gamble: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY COUNCILS ON AGING OR THOSE AGENCIES PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.

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

H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.

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

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 1115 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.

Ordered for consideration tomorrow.

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

The House returned the Bill with amendments.

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

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

The following 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. 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.

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

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.

S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

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

The Finance Committee proposed the following amendment (JIC\5506HC.94), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:

/SECTION 1. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:

"Section 12-43-232. In addition to all other requirements for real property to be classified as agricultural real property, the property must meet the following requirements:

(1) (a) If the tract is used to grow timber, the tract must be five acres or more. Tracts of timberland of less than five acres which are contiguous to or are under the same management system as a tract of timberland which meets the minimum acreage requirement are treated as part of the qualifying tract. Tracts of timberland of less than five acres are eligible to be agricultural real property when they are owned in combination with other tracts of nontimberland agricultural real property that qualify as agricultural real property. For the purposes of this item, tracts of timberland must be devoted actively to growing trees for commercial use.

(b) A tract which meets the acreage requirement of subitem (a) of this item devoted to growing Christmas trees is considered timberland. A Christmas tree tract not meeting the acreage requirement qualifies as agricultural property if the landowner reports gross income from Christmas trees that meets the income test provided in item (3) of this section, mutatis mutandis.

(2) For tracts not used to grow timber as provided in item (1) of this section, the tract must be ten acres or more. Nontimberland tracts of less than ten acres which are contiguous to other such tracts which, when added together, meet the minimum acreage requirement, are treated as a qualifying tract. For purposes of this item (2) only, contiguous tracts include tracts with identical owners of record separated by a dedicated highway, street, or road or separated by any other public way.

(3) (a) Nontimberland tracts not meeting the acreage requirement of item (2) qualify as agricultural real property if the person making the application required pursuant to Section 12-43-220(d)(3) reported at least one thousand dollars of gross farm income on his federal income tax return Schedule E or F for at least three of the five taxable years preceding the year of the application. The assessor may require the applicant (i) to give written authorization consistent with privacy laws allowing the assessor to verify farm income from the Department of Revenue and Taxation or the Internal Revenue Service and (ii) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.

(b) An owner making an initial application required pursuant to Section 12-43-220(d)(3) for a nontimberland tract of less than ten acres may claim the property as agricultural real property for each year for the first five years of operation if he files federal income tax returns reporting at least one thousand dollars of gross farm income on Schedule E or F in at least three of the first five years. The assessor may require the owner (i) to give written authorization consistent with privacy laws allowing the assessor to verify farm income from the Department of Revenue and Taxation or the Internal Revenue Service and (ii) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.

If the owner fails to meet the income requirements in the five-year period, the tract is not considered agricultural real property and is subject to the rollback tax.

(c) Real property idle under a federal or state land retirement program or property idle pursuant to accepted agricultural practices is agricultural real property if the property otherwise would have qualified as such property subject to satisfactory proof to the assessor.

(d) Unimproved real property subject to a perpetual conservation easement as provided in Chapter 8 of Title 27 must be classified as agricultural real property.

(e) A nontimberland tract that does not meet the acreage or income requirements of this section to be classified as agricultural real property must nevertheless be classified as agricultural real property if:

(i) the current owner has owned the property since January 1, 1984, and the property has been classified as agricultural real property since that date, or

(ii) the current owner or an immediate family member of the current owner has owned the property since January 1, 1984, and the property has been classified as agricultural real property since that date.

The property must continue to be classified as agricultural real property until the property is applied to some other use or until the property is transferred to other than an immediate family member, whichever occurs first. For purposes of this subitem, `immediate family' is a person related to the current owner within the third degree of consanguinity or affinity.

(4) In the case of rented or leased agricultural real property, either the lessor or the lessee shall meet the requirements of this section.

(5) (a) On the application required pursuant to Section 12-43-220(d)(3), the owner or the owner's agent shall certify substantially as follows: `I certify that the property which is the subject of this application meets the requirements to qualify as agricultural real property as of January first of the appropriate tax year'.

(b) If it is determined that the property for which the certification was made did not meet the requirements to qualify for agricultural use classification at the time the certification was made, the property which is the subject of the certification is denied agricultural use value for the property tax year or years in question and in lieu of the rollback tax, the tax on the property for each tax year in question must be recalculated using fair market value, the appropriate assessment ratio, and the appropriate millage. There must be deducted from the recalculated tax liability any taxes paid for the year and the penalties provided pursuant to Section 12-45-180 must be added to the balance due. Interest at the rate of one percent a month must be added to the unpaid taxes calculated from the last penalty date."

SECTION 2. Section 12-43-220(d)(3) of the 1976 Code, as last amended by Section 219, Act 181 of 1993, is further amended to read:

"(3) Agricultural real property does not come within the provisions of this section unless the owners of the real property or their agents make a written application therefor on or before May first of the the first penalty date for taxes due for the first tax year in which the special assessment is claimed. The application for the special assessment must be made to the assessor of the county in which the agricultural real property is located, on forms provided by the county and approved by the department and a failure to apply constitutes a waiver of the special assessment for that year. The governing body may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before May first the first penalty date. No additional annual filing is required while the use classification of the property is unchanged. The owner shall notify the assessor within six months of a change in use. For failure to notify the assessor of a change in use, in addition to any other penalties provided by law, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes."/

Renumber remaining sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN proposed the following amendment (JIC\5516HC.94), which was adopted:

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

/SECTION ___. Notwithstanding the provisions of Section 12-43-220(d) of the 1976 Code, every owner of property classified as agricultural real property for property tax year 1994 must reapply to the appropriate county assessor to maintain agricultural use classification for property tax years after 1994 in the manner provided in Section 12-43-220(d) of the 1976 Code as amended by this act. The application must contain the certification provided in Section 12-43-232 of the 1976 Code as added by this act./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator STILWELL proposed the following amendment (JIC\5581HTC.94), which was adopted:

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

/SECTION ___. Section 12-43-220 of the 1976 Code is amended by adding an appropriately lettered item at the end to read:

"( ) All unimproved and undeveloped real property not identified as part of a residential, commercial, or industrial development must be taxed on an assessment equal to two percent of the fair market value of the property."/

Renumber sections to conform.

Amend title to conform.

Senator STILWELL explained the amendment.

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

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

Bryan Cork Courson
Courtney Drummond Ford
Giese Gregory Holland
Jackson Leatherman McConnell
McGill Mescher O'Dell
Passailaigue Rankin Reese
Rose Russell Ryberg
Setzler Short Smith, G.
Stilwell Thomas Waldrep
Washington Williams Wilson

Land Lander Martin
Mitchell Patterson Peeler
Smith, J.V.

Senator REESE asked unanimous consent to make a motion that Senator RICHTER be granted leave to vote in favor of the second reading of the Bill, without changing the outcome.

Senator LAND objected.

The Bill was read the second time, passed and ordered to a third reading, with notice of general amendments.

I express strong reservations about this change in the farm use classification because of the hardship it will impose on small property owners.

S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

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

Senator BRYAN explained the committee amendment.

The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments, carrying over the amendment to third.

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

H. 4774 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Senators COURTNEY and REESE, H. 4774 was ordered to receive a third reading on Wednesday, March 2, 1994.

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

S. 1155 -- Senators Martin and Setzler: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.

S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE-OWNED TEXTBOOKS/INSTRUCTIONAL MATERIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.

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 (S-EDUC\624.01), which was adopted:

Amend the bill, as and if amended, by striking on page one, lines 32 through 39, and inserting the following:

/ make such rules and. Beginning with school year 1995-96, the required physical education course in the secondary schools shall occur over two semesters. For one semester, a personal fitness and wellness component must be taught and for one semester a lifetime fitness component must be taught either over the semester or in two nine-week divisions. The State Board of Education is authorized to /.

Amend the bill further, as and if amended, by striking on page one, line 43, and inserting the following:

/ study, or other matter matters as he may deem it /.

Amend title to conform.

Senator GIESE explained the amendment.

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

S. 1000 -- Senators Rankin and Greg Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-45 SO AS TO PERMIT THE USE OF PYROTECHNIC MATERIALS INSIDE ANY ENCLOSED ENTERTAINMENT OR ASSEMBLY AREA BEFORE PROXIMATE AUDIENCES WHEN THE INDOOR PYROTECHNICS ARE USED IN ACCORDANCE WITH APPLICABLE STANDARDS OF THE NATIONAL FIRE PROTECTION ASSOCIATION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (GJK\20435SD.94), which was adopted:

Amend the bill, as and if amended, by striking Section 23-35-45 of the 1976 Code as contained in SECTION 1. and inserting:

/"Section 23-35-45. Nothing in this chapter or in any other provision of law prohibits the use of pyrotechnic materials inside any enclosed entertainment or assembly area before proximate audiences when the indoor pyrotechnics are used in accordance with Standard 1126 of the National Fire Protection Association entitled `Standard for the Use of Pyrotechnics Before a Proximate Audience', 1992 edition."/

Amend title to conform.

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

S. 1063 -- Senator Bryan: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, AND 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.

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

The Medical Affairs Committee proposed the following amendment (CYY\15769DW.94), which was adopted:

Amend the bill, as and if amended, page 2, by striking SECTION 1 and inserting:

/SECTION 1. Section 40-25-30(8) of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:

"(8) enforce this chapter and appoint an equal number of licensed hearing aid specialists and licensed audiologists who also are licensed hearing aid specialists to conduct or supervise the examination;"/.

Amend further by adding an appropriately numbered SECTION to read:

/SECTION . Section 40-25-30 of the 1976 Code, as last amended by Act 312 of 1992, is further amended by adding an appropriately numbered item to read:

"( ) appoint members of the commission and other individuals who are not audiologists to conduct and supervise the written and practical examinations;"/

Amend further SECTION 2, page 2, beginning on line 14 by striking /and each must be a principal dealer of a different manufacturer's hearing aid/ and inserting /and each must be a principal dealer of a different manufacturer's hearing aid/.

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

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

S. 1071 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS.

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

The Medical Affairs Committee proposed the following amendment (CYY\15787AC.94), which was adopted:

Amend the bill, as and if amended, Section 40-43-360, by adding at the end:

/(D) A physician may dispense noncontrolled prescription drugs at an entity that provides free medical services if no pharmacist is available. All noncontrolled prescription drugs must be labeled as required by Section 39-23-55./

Amend title to conform.

Senator BRYAN explained the amendment.

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

S. 1094 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.

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

The Medical Affairs Committee proposed the following amendment (BBM\10944BDW.94), which was adopted:

Amend the bill, as and if amended, Section 44-7-260(B)(2), line 29, after /Needs./, by inserting /The Department of Disabilities and Special Needs shall provide to the Department of Health and Environmental Control the names and locations of these facilities on a continuing basis./

Amend title to conform.

Senator BRYAN explained the amendment.

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

H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.

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 (SEDUC\4054.1SD), which was adopted:

Amend the bill, as and if amended, page 1, on line 32 after the word /State/ by inserting /, requiring election by the General Assembly to fill,/

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. 3213 -- Rep. Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-75 SO AS TO CREATE A CRIMINAL OFFENSE FOR TRESPASSING ONTO OR REFUSING TO LEAVE A STATE MENTAL HEALTH FACILITY AND TO PROVIDE PENALTIES AND MUNICIPAL AND MAGISTRATE'S COURT JURISDICTION.

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

Senator McCONNELL raised a Point of Order under Rule 40 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 1015 -- Senators Leventis, Drummond, Land, Bryan, Giese, Rose, Lander, Martin, Ryberg and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES CONGRESS INCLUDE ITS MEMBERS AND EMPLOYEES IN ANY NATIONAL HEALTH CARE LEGISLATION IT ADOPTS IN 1994 OR THEREAFTER.

Senator MARTIN explained the Resolution.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 717 -- Senators Macaulay, Leventis and McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE VI AND SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING RESPECTIVELY TO ELECTIVE OFFICERS AND THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF OFFICERS WHO MUST BE ELECTED AND TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION WITH QUALIFICATIONS AS PRESCRIBED BY THE BOARD AND BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING THAT THE BOARD SHALL CONSIST OF ONE MEMBER ELECTED BY THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.

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

Senator SETZLER explained the committee amendment.

Senator McCONNELL objected to further consideration of the Resolution, carrying over the amendment to third reading.

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.

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

Senators RANKIN, ELLIOTT and GREG SMITH proposed the following amendment (1196R001.LAR):

Amend the bill, as and if amended, page 7, line 16, by adding after the word / act. / and before the / " / the following:

/ Nor may any monies from the authority's assets developed through the sale, lease, or fees generated from the profits be transferred to any government entity above, beyond, or outside of the authority itself. /

Amend title to conform.

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

S. 718 -- Senators Macaulay, Leventis, Drummond and McConnell: A BILL TO AMEND SECTIONS 59-3-10 AND 59-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION, TO DELETE REFERENCES TO TRAVEL EXPENSES, AND TO PROVIDE FOR FILLING A VACANCY; TO AMEND SECTION 59-5-10, RELATING TO THE ELECTION, COMPOSITION, AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD, TO FURTHER PROVIDE FOR THE MANNER IN WHICH MEMBERS ARE SELECTED, TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE CHAIRMAN OF THE BOARD, AND TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS FOR REASONS OTHER THAN ILLNESS IS CONSIDERED TO HAVE RESIGNED; TO AMEND SECTION 59-5-20, RELATING TO PERSONS ELIGIBLE FOR MEMBERSHIP ON THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND CERTAIN SCREENING OF MEMBERS OF THE BOARD, AND TO AMEND SECTION 59-5-60, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION.

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

At 1:33 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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