Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:15 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear a word of guidance from the Book of Second Samuel, Chapter 7 (vv. 2,6):

"The ark of God remains in a tent...

Tell my servant David... I have not

dwelt in a house from the day I brought

the Israelites up out of Egypt to this

day. I have been moving from place to

place with a tent as my dwelling."
Let us pray.

Good Lord, forgive us when we are tempted to believe, and act, as though You are concerned only by what goes on in synagogues and churches; the so-called "sacred places" and activities. HELP US TO UNDERSTAND THAT ALL LIFE IS SACRED... including, especially, the marketplace and politics. The Bible records Your judgment on all wickedness wherever it is found in human life.

As we come to our tasks today, lift up our spirits with the thought that we are here not only as the representatives of our people, but also as instruments of our God, who moves from place to place "with a tent" as His dwelling.

Amen.

The PRESIDENT appointed Senators MITCHELL, PATTERSON, SHORT and COURSON to escort Miss Kimberly Aiken, who was chosen Miss America for 1994, and her party to the rostrum of the House of Representatives for the Joint Assembly.

At 10:28 A.M., the Senate receded from business to attend the Joint Assembly.

At 10:30 A.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

Senator MITCHELL read the Concurrent Resolution:

S. 1013 -- Senator Mitchell: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KIMBERLY AIKEN OF COLUMBIA UPON BEING CHOSEN MISS AMERICA 1994 AND TO EXTEND AN INVITATION TO MISS AIKEN TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 10:30 A.M. ON THURSDAY, MARCH 3, 1994.

Miss Kimberly Aiken and members of her party were escorted to the rostrum by Senators MITCHELL, PATTERSON, SHORT and COURSON and Representatives Allison, J. Brown, Cromer and Whipper.

The PRESIDENT of the Senate introduced Senator MITCHELL, who, after brief remarks, introduced Miss Kimberly Aiken, who was chosen Miss America 1994.

Miss Aiken addressed the Joint Assembly.

Rep. J. Brown addressed remarks to the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the President declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 11:00 A.M., the Senate resumed.

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

Senator J. VERNE SMITH introduced Dr. John P. Evans of Greenville, S.C., Doctor of the Day.

On motion of Senator MOORE, at 11:15 A.M., Senator WILLIAMS was granted a leave of absence for today.

Columbia, S.C., March 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

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.
asks for a Committee of Conference, and has appointed Reps. J. Wilder, Cromer and T.C. Alexander of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators MATTHEWS, HOLLAND and THOMAS of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.

Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Aiken County Delegation.

There was no objection.

On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the local Calendar.

The following were introduced:

S. 1233 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

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

S. 1234 -- Senators Bryan, Mitchell, J. Verne Smith, Stilwell and Thomas: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, APRIL 9, 1994, AS "GREENVILLE CHORALE DAY" IN SOUTH CAROLINA IN HONOR OF THE ONE HUNDRED SEVENTY-FIVE SINGERS OF THE GREENVILLE CHORALE AND THEIR CONDUCTOR, DR. BINGHAM L. VICK, JR., WHO WILL PERFORM BENJAMIN BRITTEN'S WAR REQUIEM, WHICH IS ITS PREMIER PERFORMANCE IN SOUTH CAROLINA.

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

S. 1235 -- Senator Bryan: A BILL TO ABOLISH THE MAGISTERIAL POSITION AT JACKS TOWNSHIP IN LAURENS COUNTY.

On motion of Senator BRYAN, S. 1235 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

S. 1236 -- Senators Cork, Thomas and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2805, SO AS TO PROVIDE THAT NO COIN-OPERATED VIDEO GAMES WITH A FREE PLAY FEATURE MAY BE LOCATED ON A WATERCRAFT OR VESSEL LICENSED BY THE DEPARTMENT OF NATURAL RESOURCES OR BY THE UNITED STATES COAST GUARD.

Senator CORK spoke on the Bill.

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

H. 4869 -- Reps. Martin, Snow, Kelley, Witherspoon, Worley, Keegan and Thomas: A CONCURRENT RESOLUTION TO COMMEND MIKE PATE AND VERNIE DOVE OF HORRY COUNTY AND THE CITIZENS OF HORRY COUNTY FOR ESTABLISHING THE "KIDS VOTING OF HORRY COUNTY" PROGRAM, A NONPROFIT, NONPARTISAN VOTER EDUCATION PROGRAM, AND TO RECOGNIZE THIS PROGRAM AS A FINE EXAMPLE FOR PROMOTING CITIZEN PARTICIPATION IN GOVERNMENT.

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

H. 4871 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING PHILIP M. WHITE OF ANDERSON COUNTY ON BEING VOTED "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.

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

H. 4880 -- Reps. Townsend, Cooper, Chamblee, P. Harris and Tucker: A CONCURRENT RESOLUTION COMMENDING ELBRIDGE JUETTE (E.J.) WRIGHT, JR., OF ANDERSON COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE STATE BOARD OF EDUCATION FROM 1989 TO 1994.

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

H. 4881 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF JOSEPH HOWARD PATRICK, DISTINGUISHED CITIZEN OF GREENWOOD COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.

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

H. 4356 -- Reps. Wilkins, Allison, Elliott, Gamble, Harrell and Corning: A BILL TO AMEND SECTION 16-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, SO AS TO DELETE PROVISIONS ON THE MISDEMEANOR OFFENSE.

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

H. 4358 -- Reps. Wilkins, Allison, Elliott and Marchbanks: A BILL TO AMEND SECTION 16-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100.

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

H. 4359 -- Reps. Wilkins, Snow, Fair, Vaughn, Allison, Elliott, Mattos and Marchbanks: A BILL TO AMEND SECTION 16-15-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993.

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

H. 4365 -- Reps. Wilkins, Vaughn, Allison, Elliott and Harrell: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO REPEAL THE PROVISIONS REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED.

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

H. 4512 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-14-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL TRANSACTION CARD THEFT, SO AS TO CONFORM THE PENALTY TO PROVISIONS OF THE CRIME CLASSIFICATION ACT.

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

H. 4725 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1650, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4726 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1663, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4727 -- Education and Public Works 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.

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

H. 4728 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THAT PROJECT ONLY AND MUST BE REMOVED WHEN THE PROJECT IS PAID FOR.

Ordered for consideration tomorrow.

Senator MACAULAY from the Committee on Banking and Insurance polled out S. 25 favorable with amendment:

S. 25 -- Senators Bryan and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR MENTAL ILLNESS IN GROUP HEALTH INSURANCE POLICIES AND PROVIDE EXEMPTIONS FOR HEALTH INSURANCE PLANS WHICH OFFER THE COVERAGE.

Leatherman Macaulay McConnell
Setzler Courson Matthews
Courtney Thomas Patterson
Passailaigue Rose Reese
Hayes Elliott

Saleeby Williams Mitchell
Washington

Ordered for consideration tomorrow.

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. 3333 -- Rep. Boan: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RETIREMENT AT AGE SIXTY-TWO FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

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

S. 847 -- Senators Passailaigue, Reese and Washington: 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 REVISE THE TYPE OF SPECIAL PURPOSE DISTRICTS WHICH ARE ELIGIBLE AND TO PROVIDE THAT PUBLIC SERVICE DISTRICTS ARE ELIGIBLE ALSO.

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

There was no objection.

S. 928 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Leatherman, Mitchell, O'Dell, Reese, Short, J. Verne Smith, Washington, Rose and Wilson: 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.

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

There was no objection.

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. 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.

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.

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.

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 adoption of the amendment (1196R001.LAR) proposed by Senators RANKIN, ELLIOTT and GREG SMITH and previously printed in the Journal of Tuesday, March 1, 1994.

The amendment was adopted.

Senator ELLIOTT proposed the following amendment (WWW\30207DW.94), which was withdrawn:

Amend the bill, as and if amended, page 1, line 26, by striking / Federal Military Installations / and inserting / Air Force Bases /, on line 29 by striking / military installations / and inserting / Air Force Bases /, beginning on line 32 by striking / federal military facilities / and inserting / Air Force Bases /, on line 33, by striking / federal / and inserting / Air Force /, on line 35 by striking / military facilities / and inserting / Air Force Bases /, on line 38 by striking / defense / and inserting / Air Force /, on line 39 by striking / federal / and inserting / Air Force /; page 2, lines 4, 8, and 10 by striking / federal / and inserting / Air Force /, on lines 17, 21, and 29 by striking / military / and inserting / Air Force /.
Amend further, page 7, line 10 by inserting after / 31-12-70. / / (A) /, on line 16 by striking / act / and inserting / chapter /, and by adding on line 17 a new subsection (B) to Section 31-12-70 to read:

/ (B) The net income from the sale, use, or lease of the closed Air Force Base property shall accrue to the redevelopment authority for use in infrastructure and other economic development needs in the area./

Amend title to read:

/ 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 AIR FORCE BASE INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES. /

Senators RANKIN and GREG SMITH proposed the following amendment (1196R003.LAR), which was adopted:

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

/ SECTION 1. Title 31 of the 1976 Code is amended by adding:

"Section 31-12-10. As a result of the closure and realignment of military installations in the United States, federal property located in the State has and will become available for the state's use. It is in the best interests of the citizens of this State if the State, municipalities, and counties work in concert and oversee and dispose of federal military facilities and other excess federal property, in an orderly and authoritative manner. It is the intent that a redevelopment authority may be appointed to deal with individual military facilities in geographically isolated areas that have been scheduled for closure by the United States Congress and to consult with the federal government pursuant to federal law relating to defense base closure and realignment. If any other incidental excess federal property is included with a scheduled closing that property may also be dealt with by the authority.

Section 31-12-20. (A) The Governor may create one or more separate and distinct bodies corporate and politic to be known as a redevelopment authority to oversee the disposition of real and personal federal property that has been or will be turned over to the State by the federal government or has been designated as surplus property by the federal government and is to be disposed of by the State. No more than one authority may be created with jurisdiction over a single federal military installation. If more than one federal military installation is subject to closure within a county or if a federal military installation is located in more than one county, only one redevelopment authority may be created for that county, multi-county area, or federally defined Metropolitan Statistical Area (MSA). If an authority is designated, it shall be the sole representative of the State for negotiations with the appropriate federal authority for reuse and disposal of property.

(B) If the federal property subject to disposal is contained within one county, the authority must include:

(1) two representatives of the State, nominated by a majority of the Senators representing the county and a majority of the House members representing the county, who must be appointed by the Governor;

(2) three representatives of the county nominated by the county governing body, who must be appointed by the Governor;

(3) three representatives of each municipality in which the municipality's boundaries contain all or a portion of the military facility, nominated by the municipal governing body, who must be appointed by the Governor; and

(4) one at-large appointment by the Governor.

(C) If the federal property subject to disposal is contained within more than one county, the authority must include:

(1) two representatives of the State nominated by a majority of the Senators representing each county and a majority of the House members representing each county, who must be appointed by the Governor;

(2) two representatives of each county upon the nomination of the county governing body, who must be appointed by the Governor;

(3) two representatives of each municipality in which the municipality's boundaries contain all or a portion of the military facility, upon the nomination of the municipal governing body, who must be appointed by the Governor; and

(4) one at-large appointment by the Governor.

(D) If the federal property subject to disposal is contained within a federally defined Metropolitan Statistical Area (MSA), but not within each county of the MSA, the authority must include:

(1) two representatives of the State, nominated by a majority of the Senators representing each county within the MSA and a majority of the House members representing each county of the MSA, who must be appointed by the Governor;

(2) two representatives of each county wherein the facility or facilities are located, recommended by the county governing body;

(3) two representatives of each municipality in which the municipal boundaries contain all or a portion of the military facility, upon nomination of the municipal governing body and appointed by the Governor;

(4) one representative from each South Carolina MSA county that does not contain any portion of the military facility or facilities, nominated by the county governing body and appointed by the Governor; and

(5) one at-large appointment by the Governor.

(E) No member of an authority may be an elected official nor may any member hold another office of honor or profit of this State while serving on the authority as prohibited by the South Carolina Constitution. No member may run for public office while serving on an authority.

(F) Any authority, commission, committee, or other entity established by executive order of the Governor relating to or concerned with the effects of the closure of federal military installations shall not continue in existence after March 1, 1995. An executive order relating to the purposes of this chapter effective after March 1, 1995, must be consistent with this chapter and the membership and the duties or powers of an authority may not be increased or diminished by executive order.

Section 31-12-30. (A) The term of office for members appointed pursuant to Section 31-12-20 is as follows. One of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at-large appointment by the Governor. After the initial terms all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified.

(B) Vacancies for the unexpired terms of any member who resigns, ceases to be qualified, or is removed must be promptly filled in the manner of the original appointment. Any member who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity, is subject to removal by the Governor upon any of the foregoing causes being made to appear satisfactory to the Governor. A member shall receive such compensation as the authority determines, limited to the expenses incurred in the discharge of his duties.

Section 31-12-40. The Governor's at-large appointment shall serve as chairman of any authority initially established. However, after the initial term of a chairman of a newly established authority, the authority shall select a chairman from its membership. The authority shall select a vice chairman and such other officers as the authority may determine from its membership. The authority may employ or contract for technical experts and other agents and employees, on a temporary basis, as it may require and may determine the qualifications and compensation of these persons. A majority of the members then in office shall constitute a quorum for its meeting. No member is liable personally for losses unless the losses are occasioned by the wilful misconduct of the member. An authority may delegate one or more of its members, agents, or employees any of its powers that it considers necessary to carry out the purposes of the authority subject always to the supervision and control of the whole authority.

Section 31-12-50. (A) No member or employee of an authority shall acquire any interest, direct or indirect, in any redevelopment project or in any property included or planned to be included in any redevelopment area, nor may the member or employee have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by the authority, or in any contract with a developer or redeveloper relating, directly or indirectly, to any redevelopment project.

(B) A member or employee may acquire residential property in a redevelopment area from a person or entity other than the authority after the redevelopment plan or plans for that area are adopted if:

(1) the primary purpose of the acquisition is to occupy the property as his principal residence;

(2) the redevelopment plan or plans do not provide for acquisition of the property by the authority; and

(3) prior to acquiring title to the property, the member or employee discloses in writing to the authority his intent to acquire the property and to occupy the property as his principal residence.

Section 31-12-60. (A) An authority shall constitute a public body, corporate and politic, exercising public and essential governmental powers, which powers shall include all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this chapter, including the following powers:

(1) to make and from time to time amend and repeal bylaws, rules, regulations, and resolutions;

(2) to have perpetual succession;

(3) to adopt a seal;

(4) to sue and be sued;

(5) to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and any contract or instrument when signed by the chairman or vice chairman and secretary or assistant secretary of the authority must be held to have been properly executed for and on its behalf;

(6) to cooperate with any government or municipality as defined in this title;

(7) to act as agent of the state or federal government or any of its instrumentalities or agencies for the public purposes set out in this title;

(8) to prepare or cause to be prepared and recommend redevelopment plans and to undertake and carry out redevelopment projects within its area of operation;

(9) to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a redevelopment project; provided, however, the power provided herein shall not be construed to alter or amend the rights, responsibilities, or powers of electrical utilities, electric cooperatives, electric suppliers, municipal electric systems, or the Public Service Authority as provided in Chapter 27 and 31 of Title 58 and Section 5-7-60, as is or as may hereafter be amended;

(10) within its area of operation, to purchase, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property or any interest in it, together with any improvements on it, necessary or incidental to a redevelopment project, to hold, improve, clear, or prepare for redevelopment of the property, and sell, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge or otherwise encumber or dispose of any real or personal property or any interest in it, either as an entirety to a single redeveloper or in parts to several redevelopers, to enter into contracts, either before or after the real property that is the subject of the contract is acquired by the authority, with redevelopers of property containing covenants, restrictions, and conditions regarding the use of the property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may consider necessary to effectuate the purposes of this chapter; and to provide appropriate remedies for any breach of covenants or conditions, including the right to terminate the contracts and any interest in the property created pursuant thereto; to borrow money and issue bonds and provide security for bonds; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards, including the power to pay premiums on the insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter;

(11) to invest any funds held in reserves or sinking funds or any funds not required for immediate disbursements, in the investments as may be lawful for guardians, executors, administrators, or other fiduciaries under the laws of this State; and to redeem its bonds at the redemption price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be canceled;

(12) to borrow money and to apply for and accept advances, loans evidenced by bonds, grants, contributions, and any other form of financial assistance from the federal government, the State, county, municipality, or other public body or from any sources, public or private for the purposes of this chapter, to give this security as may be required and to enter into and carry out contracts in connection with it;

(13) within its area of operation, to make or have made all surveys, studies, and plans necessary to the carrying out of the purposes of this chapter and in connection with it to enter into or upon any land, building, or improvement on it for the purposes and to make soundings, test borings, surveys, appraisals, and other preliminary studies and investigations necessary to carry out its powers and to contract or cooperate with any and all persons or agencies, public or private, in the making and carrying out the surveys, appraisals, studies, and plans. An authority is specifically authorized to make:

(a) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and

(b) plans for the enforcement of laws, codes, and regulations relating to the use of land, the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements;

(14) to make expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from funds obtained from the federal government;

(15) to perform redevelopment project undertakings and activities in one or more contiguous or noncontiguous redevelopment areas that are planned and carried out on the basis of annual tax increments in accordance with the laws of this State.

(B) In carrying out a redevelopment project, an authority may:

(1) with or without consideration and, at private sale, in accordance with the redevelopment plan, convey real property to the municipality in which the project is located to be laid out for streets, alleys, and public ways;

(2) with or without consideration, convey at private sale, in accordance with the redevelopment plan, grant, or dedicate easements and rights-of-way for public utilities, sewers, streets, and other similar facilities;

(3) with or without consideration, and at private sale, in accordance with the redevelopment plan, convey to a municipality, county, or other appropriate public body, real property to be used for parks, schools, public buildings, facilities, or other public purposes; and

(4) temporarily rent or lease, operate, or maintain real property in a redevelopment area, whether or not in accordance with the redevelopment plan and pending the disposition of the property for redevelopment, as may be deemed appropriate.

Section 31-12-70 (A) Any public body, upon such terms, with or without consideration, for the purpose of aiding and cooperating in the planning, undertaking, or carrying out of a redevelopment project located within the area in which it is authorized to act, may:

(a) dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to an authority;

(b) cause parks, playgrounds, recreational, community, education, water, sewer, or drainage facilities, or any other works that it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;

(c) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways, or other places that it is otherwise empowered to undertake;

(d) plan or replan any part of the redevelopment;

(e) cause administrative and other services to be furnished to the authority of the character which the public body is otherwise empowered to undertake or furnish for the same or other purposes;

(f) do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan.

(B) Any sale, conveyance, or agreement provided for in this section may be made by a public body without public notice, advertisement, or public bidding.

Section 31-12-80. Notwithstanding any provision of law, neither the State nor any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly or any non-profit public or non-profit private corporation chartered for the purpose of furthering economic development may make a profit on the sale of real estate to a redevelopment authority created pursuant to this act. 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.

Section 31-12-90. (A) An authority created pursuant to this chapter may, by a two-thirds majority of the entire membership irrespective of any vacancies, vote to dissolve the authority if no property remains for redevelopment or if the authority decides to transfer the remaining redevelopment properties to another public body or successor entity created by statute.

(B) Final dissolution may occur only upon sale of all properties to the private sector or conveyance to another public entity described in subsection (A) with the lawful power to receive real and personal property held by the authority.

(C) Upon a determination to dissolve, the authority may dispose of any tangible or intangible property as provided by law or in the following manner:

(1) tangible personal property and cash or similar instruments held by the authority shall be distributed to the local governmental entities which nominated members to the authority; and

(2) disbursement of assets shall be based on the cash value of all assets, and shall be in proportion to the dollar value of cash contributions made by the governing bodies for funds that are not otherwise recovered by the contributing governmental entity through direct revenues.

(D) The authority shall keep annual and permanent records of cash contributions and the value of in-kind donations of the governmental entities, and such records shall be used to determine the distribution of assets of the authority based on the net present value of such contributions at the time it is dissolved."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator RANKIN explained the amendment.

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

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 third reading of the Bill.

Senator GIESE proposed the following amendment (CYY\15821AC.94), which was adopted:

Amend the bill, as and if amended, page 6, Section 40-55-170(B), beginning on line 9, by deleting /The office of the Attorney General of South Carolina/ and inserting /The South Carolina Department of Labor, Licensing and Regulation/.

Amend title to conform.

Senator GIESE explained the amendment.

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

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

S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.

Senator COURTNEY explained the Bill.

S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.

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

The Judiciary Committee proposed the following amendment (JUD292.001), which was adopted:

Amend the bill, as and if amended, page 3, line 3, in Section 43-33-720(A)(3)(e), as contained in SECTION 1, by striking /hardship/ and inserting / burden /.

Amend the bill further, as and if amended, page 4, beginning on line 1, in Section 43-33-720(A)(5), as contained in SECTION 1, by striking lines 1 through 3 in their entirety and inserting therein the following:

/ (5) `Illegal use of drugs' means the use of drugs, the possession or distribution of which is unlawful under Chapter 53, Title 44 of the 1976 Code of Laws of South Carolina, as amended. This / .

Amend the bill further, as and if amended, page 4, line 29, in Section 43-33-720(A)(8), as contained in SECTION 1, by striking /hardship/ and inserting / burden /.

Amend the bill further, as and if amended, page 5, beginning on line 15, in Section 43-33-720(C), as contained in SECTION 1, by striking lines 15 through 25 in their entirety and inserting therein the following:

/ (C) As used in this article, the term `disability' does not include:

(1) homosexuality, bisexuality, transvestism, transsexualism, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(2) compulsive gambling, kleptomania, or pyromania;

(3) psychoactive substance use disorders resulting from current illegal use of drugs; or

(4) an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. Nothing in this item shall be construed to exclude as an individual with a disability an individual who:

(a) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;

(b) is participating in a supervised rehabilitation program and is no longer engaging in such use; or

(c) is erroneously regarded as engaging in such use, but is not engaging in such use.

Provided, however, it shall not be unlawful for a covered entity to adopt or administer reasonable policies or procedures, including, but not limited to, drug testing, designed to ensure that an individual described in subitems (a) or (b) is no longer engaging in the illegal use of drugs. Nothing in this item shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing of the illegal use of drugs. /

Amend the bill further, as and if amended, page 7, line 43, in Section 43-33-760(B), as contained in SECTION 1, by striking /significant risk/ and inserting / direct threat / .

Amend the bill further, as and if amended, page 9, beginning on line 23, by striking SECTION 4 in its entirety and inserting therein the following:

/ SECTION 4. Section 43-33-530 of the 1976 Code is amended to read:

"Section 43-33-530. No person may discriminate against a handicapped person with a disability with respect to employment, public accommodations, public services, or housing without reasonable justification unless the requested action would create an undue burden as defined in Section 43-33-720(A)(8). If the requested accommodation would create an undue burden, the public accommodation, public service, or provider of housing shall take other measures to provide equivalent access. No protections or right of access provided by law for handicapped persons with disabilities are reduced or eliminated by the provisions of this section." /

Amend the bill further, as and if amended, page 10, beginning on line 32, in Section 43-33-560(B), as contained in SECTION 6, by striking lines 32 through 41 in their entirety and inserting therein the following:

/ (B) Under this article, the term `disability' or `disabled' does not include:

(1) homosexuality, bisexuality, transvestism, transsexualism, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(2) compulsive gambling, kleptomania, or pyromania;

(3) psychoactive substance use disorders resulting from current illegal use of drugs; or

(4) an individual who is currently engaging in the illegal use of drugs. Nothing in this item shall be construed to exclude as an individual with a disability an individual who:

(a) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;

(b) is participating in a supervised rehabilitation program and is no longer engaging in such use; or

(c) is erroneously regarded as engaging in such use, but is not engaging in such use." /

Amend the bill further, as and if amended, page 11, beginning on line 7, by striking SECTION 9 in its entirety and inserting therein the following:

/ SECTION 9. This act takes effect on July 26, 1994. /

Amend title to conform.

Senator STILWELL explained the amendment.

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

S. 787 -- Senator Stilwell: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

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

The Judiciary Committee proposed the following amendment (JUD787.005), which was adopted:

Amend the bill, as and if amended, page 6, by striking lines 30 through 33, in Section 14-7-1595(K), as contained in SECTION 1, and inserting therein the following:

/ but he must not thereafter be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence pursuant thereto, and no testimony so given or evidence produced may be received against him in any /.

Amend the bill further, as and if amended, page 7, by striking lines 1 through 4, in Section 14-7-1595(K), as contained in SECTION 1, and inserting therein the following:

/ privilege in respect to any transaction, matter, or thing specified in the statement and thereupon the testimony of the person or the evidence in relation to the transaction, matter, or thing may be received or produced before any judge or justice, court, /.

Amend the bill further, as and if amended, page 7, by striking line 11, in Section 14-7-1595(L), as contained in SECTION 1, and inserting therein the following:

/ provisions of this section which would not normally be paid for out of county funds must be paid for out of /.

Amend the bill, as and if amended, page 7, line 13, in Section 14-7-1595, as contained in SECTION 1, by adding a subsection to read:

/ (M) A solicitor shall not grant immunity as provided in subsection (K) unless it is first approved in writing by the Attorney General. /.

Amend title to conform.

Senator STILWELL explained the amendment.

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

S. 1077 -- Senators Patterson and Wilson: A BILL TO AMEND SECTION 55-11-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH AT LEAST FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS A DAY AT LEAST FIVE DAYS EACH WEEK.

Senator PATTERSON 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 Finance.

The Finance Committee proposed the following amendment (JIC\5640HTC.94), which was withdrawn:

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

/SECTION ___. Chapter 1, Title 2 of the 1976 Code is amended by adding:

"Section 2-1-190. Notwithstanding any other provision of law, no state funds or federal funds allocated to this State under any federal program may be committed to attract an economic development prospect without the approval of the commitment by the General Assembly by bill or joint resolution."/

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN proposed the following amendment (JIC\5679HTC.94), which was adopted:

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

/SECTION ___. Chapter 1, Title 2 of the 1976 Code is amended by adding:

"Section 2-1-190. Notwithstanding any other provision of law, no economic development incentive package involving loans guaranteed by the state or using federal funds allocated to this State to provide such guarantees may be offered to an economic development prospect without the approval of the commitment by the General Assembly by bill or joint resolution./

Renumber sections to conform.

Amend title to conform.

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

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

S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

S. 1043 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE BY THE STATE OF SOUTH CAROLINA OF RELINQUISHMENT OF LANDS BY THE UNITED STATES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REQUIREMENT THAT THE SECRETARY OF STATE MAINTAIN A PERMANENT FILE OF THE NOTICES OF ACCEPTANCE AND RELINQUISHMENT, AND REQUIRE THE BUDGET AND CONTROL BOARD TO MAINTAIN A PERMANENT FILE OF THESE NOTICES.

S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.

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.

On motion of Senator J. VERNE SMITH, the Bill was carried over.

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.

On motion of Senator MOORE, the Bill was carried over and given notice of general amendments on third reading.

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.

On motion of Senator McCONNELL, the Resolution 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.

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 MOORE, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.

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

Senator MOORE proposed the following Amendment No. 2 (850R014.TLM), which was adopted:

Amend the bill, as and if amended, as contained in Section 1, page 1, by striking lines 33 through 40 and inserting the following:

/ proceeds of the tax shall be applied. When the statute levying the tax dedicates the proceeds to a specific purpose or use in furtherance of the stated public purpose or use, then such proceeds are prohibited from being appropriated and expended for any purpose or use other than that which is specifically set forth in the statute levying the tax unless the bill appropriating the proceeds for a different purpose or use is approved by a two-thirds vote of the membership of each house on one of the readings of the bill. Any person who has been a resident of the State for a minimum of six months and who can establish the payment of any tax levied by the State of South Carolina, shall have standing to bring an action in a court of competent jurisdiction for the enforcement of the provisions of this section. /

Amend further Section 2, page 2, by striking lines 6 - 13 and inserting the following:

/ "Must Section 5, Article X of the Constitution of this State be amended to provide that no tax, subsidy, or charge shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives lawfully assembled and to provide that when proceeds of the tax are applied to a specific purpose or use that the General Assembly is prohibited from using the proceeds for a different purpose or use unless approved by a two-thirds vote of the members of both houses and to grant any taxpayer who has been a resident for at least six months standing to bring a suit to enforce this provision? /

Amend title to conform.

Senator ROSE spoke on the amendment.

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 3 (850R015.TLM), which was adopted:

Amend the bill, as and if amended, Section 5, as contained in Section 1, page 1, by striking lines 33 through 40 and inserting the following:

/ proceeds of the tax shall be applied. When the statute levying the tax dedicates the proceeds to a specific purpose or use in furtherance of the stated public purpose or use, then such proceeds are prohibited from being appropriated and expended for any purpose or use other than that which is specifically set forth in the statute levying the tax unless the bill appropriating the proceeds for a different purpose or use is approved by a two-thirds vote of the membership of each house on one of the readings of the bill. Any person who has been a resident of the State for a minimum of six months and who can establish the payment of any tax levied by the State of South Carolina, shall have standing to bring an action in a court of competent jurisdiction for the enforcement of the provisions of this section. If any provision of this section or its application to any person is held invalid, unenforceable, or unconstitutional, this invalidity, unenforceability, or unconstitutionality shall negate the other provisions or applications of this section, and to this end, the provisions of this section are not severable. /

Amend further, Section 2, page 2, by striking lines 6-13 and inserting the following:

/ "Must Section 5, Article X of the Constitution of this State be amended to provide that no tax, subsidy, or charge shall be established, fixed, laid, or representatives lawfully assembled and to provide that when proceeds of the tax are applied to a specific purpose or use that the General Assembly is prohibited from using the proceeds for a different purpose or use unless approved by a two-thirds vote of the members of both houses and to grant any taxpayer who has been a resident for at least six months standing to bring a suit to enforce this provision? /

Amend title to conform.

Senator ROSE spoke on the amendment.

Senator BRYAN spoke on the amendment.

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator GIESE, the Joint Resolution was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

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

Senator LEATHERMAN explained the Bill.

Senators LAND and RYBERG proposed the following Amendment No. 1 (GJK\20409SD.94), which was tabled:

Amend the report of the Committee on Finance, as and if amended, by adding at the end of Section 11-27-110(A)(5) of the 1976 Code, which begins on line 16 of page 226-2, the following:

/`Financing agreement' does not include any contract which contains a nonappropriations clause. For this purpose, `nonappropriations clause' means a contractual provision stating that the agreement may be canceled at the end of any fiscal year, if prior to the beginning of the next fiscal year, the governmental entity fails to appropriate funds sufficient to pay the obligation under the agreement for the next fiscal year and neither the State nor the governmental entity incurs a pecuniary liability as a result of such a cancellation./

Amend title to conform.

Senator RYBERG explained the amendment.

Senator PASSAILAIGUE argued contra to the adoption of the amendment.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Bryan Cork Courson
Courtney Giese Glover
Leatherman Macaulay McConnell
McGill Mescher Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Short
Smith, G. Smith, J.V. Stilwell
Thomas Wilson

Drummond Hayes Jackson
Martin Ryberg Waldrep

The amendment was laid on the table.

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

Senator SETZLER moved that when the Senate adjourns on Friday, March 4, 1994, it stand adjourned to meet on Tuesday, March 8, 1994, at 12:00 Noon and that when the Senate adjourns on Tuesday, March 8, 1994, that it stand adjourned to meet on Wednesday, March 9, 1994, at 11:00 A.M. and to stand adjourned on Wednesday, no later than 1:30 P.M., which motion was adopted.

At 12:17 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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