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, in the after-glow of Easter, 1994, hear the words from the ancient Book of Exodus (15:1-2):
"Then Moses and the people of Israel
sang this song to the Lord, saying:
`I will sing to the Lord, for He has
triumphed gloriously; the horse and
his rider he has thrown into the sea.
The Lord is my strength and my song,
And He has become my salvation;
This is my God, and I will praise Him,
my father's God, and I will exalt Him.'"
Let us pay.

Lord God of Heaven and earth, we thank You for the dynamics that come to our living of life in modern times when we remember the great events of our Judeo-Christian traditions.

We thank You that for us the separation of Church, Synagogue and the State does not mean the separation of mankind from the Spirit of mankind's Creator, Redeemer and Sanctifier.

Amid the headlines of blatant human injustice, hideous cruelty, and ugly deeds, may we hear the song of Moses which brings to us the song of the New Israel, a song of victory over the forces of Pharaoh and death.

Help us to live today guided by this faith.

Amen.

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

March 23, 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, John De La Howe School Board of Trustees, with term to commence April 1, 1991, and to expire April 1, 1996:

At-Large:

Mr. James L. Victor, Post Office Box 1077, Aiken, S.C. 29802 VICE Louise H. Fickling

Referred to the Committee on Education.

Senator THOMAS rose to a Point of Personal Privilege.

S. 1312 -- Senator Land: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.

Senator WILLIAMS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

H. 4552 -- Reps. Barber, Wright, McKay, Rudnick, Baxley and Neilson: 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.

Senator MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

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

The following were introduced:

S. 1319 -- Senators Gregory, Cork, Richter and Ryberg: A BILL TO PROHIBIT INMATES IN SOUTH CAROLINA DEPARTMENT OF CORRECTIONS FACILITIES FROM HAVING TELEVISIONS IN THEIR CELLS.

Read the first time and referred to the Committee on Corrections and Penology.

S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, 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. 1321 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, 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. 1322 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, 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.

H. 4351 -- Reps. P. Harris, Neilson, Waldrop, Allison, Baxley, J. Brown, Cobb-Hunter, Corning, Cromer, Davenport, Farr, Fulmer, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Marchbanks, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Stuart, Tucker, Vaughn, Waites, Walker, Wells, Whipper, D. Wilder, Wilkes, Keyserling, Breeland, Richardson and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 29, CHAPTER 4, SO AS TO ENACT THE SOUTH CAROLINA REVERSE MORTGAGE ACT WHICH DEFINES "REVERSE MORTGAGE", PROVIDES RULES FOR GOVERNING THESE MORTGAGES, EXEMPTS REVERSE MORTGAGES FROM CERTAIN PROVISIONS OF OTHER MORTGAGE TRANSACTIONS, AND REQUIRES THAT CERTAIN INFORMATION CONCERNING REVERSE MORTGAGES IS AVAILABLE TO LOAN APPLICANTS.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4478 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-65 SO AS TO PROVIDE FOR AN ALLIGATOR HARVEST PROGRAM ON PRIVATE LANDS.

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

H. 4480 -- Reps. Snow, Inabinett and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.

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

H. 4702 -- Reps. J. Brown, Beatty, Cobb-Hunter, Gamble, Stuart, McAbee, Canty, McMahand, Byrd, Govan, Inabinett, Lanford, Whipper, Wells, Keyserling and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE REQUIREMENTS TO RENEW A LICENSE FOR FUNERAL DIRECTORS AND EMBALMERS.

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

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

S. 93 -- Senators McConnell and Rose: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THE CODES, COUNTIES, AND MUNICIPALITIES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was committed to the Committee on Finance.

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

S. 961 -- Senator Bryan: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DISTRIBUTION AND USE OF THE 2.66 CENTS A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE USES OF "C" FUNDS INCLUDING THE USE OF "C" FUNDS ON STATE, COUNTY, AND MUNICIPAL HIGHWAY SYSTEMS; TO PROVIDE THAT UP TO FIFTY PERCENT OF "C" FUNDS MAY BE EXPENDED FOR LOCAL PAVING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS, INCLUDING ROCKING PROGRAMS; TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATION ACT MAY TRANSFER FUNDS TO LOCAL COUNTY GOVERNING BODIES; TO PROVIDE THAT THE TAX COMMISSION SUBMIT TO A COUNTY TRANSPORTATION COMMITTEE A PERCENTAGE OF THE FUNDS COLLECTED; TO PROVIDE THAT COUNTYWIDE AND REGIONAL TRANSPORTATION PLANS WHICH AFFECT THE STATE HIGHWAY SYSTEM BE REVIEWED AND APPROVED BY THE DEPARTMENT OF TRANSPORTATION; AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION MAY NOT AFFECT THE STATE HIGHWAY SYSTEM EXCEPT BY WRITTEN AGREEMENT OF THE DEPARTMENT OF TRANSPORTATION.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4984 favorable with amendment:

H. 4984 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 17, 1994.

Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell Passailaigue

Russell

Senator COURSON from the Committee on Invitations polled out H. 4988 favorable:

H. 4988 -- Reps. Stoddard, Inabinett, McAbee and Clyborne: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 13, 1994, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1994 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.

Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell Passailaigue

Russell

Senator MACAULAY moved that the Concurrent Resolution be adopted.

There was no objection and the Resolution was adopted.

Senator COURSON from the Committee on Invitations polled out H. 4989 favorable:

H. 4989 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 20, 1994.

Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell Passailaigue

Russell

Ordered for consideration tomorrow.

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

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3667 -- Rep. Harrison: A BILL TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ARCHITECTS AND ENGINEERS PERFORMING OTHER WORK ON PROJECT CONTRACTS AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION MANAGERS PERFORMING CONSTRUCTION MANAGING SERVICES UNDER THESE CONTRACTS ARE ALSO PROHIBITED FROM PERFORMING OTHER WORK, AND TO PROVIDE THAT AN ARCHITECTURAL OR ENGINEERING FIRM, OR A COMBINATION THEREOF, AND A CONSTRUCTION MANAGEMENT FIRM MAY NOT HAVE A VESTED INTEREST IN THE OTHER'S BUSINESS.

H. 3973 -- Reps. Stuart, Gamble and Phillips: A BILL TO AMEND SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF CRIMINAL PROCESS ON SUNDAY, SO AS TO PROVIDE THAT CRIMINAL PROCESS MAY BE SERVED ON SUNDAY FOR ALL CRIMES, FELONIES AND MISDEMEANORS ALIKE.

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

(By prior motion of Senator DRUMMOND)

H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.

H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.

H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.

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

S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS.

S. 884 -- Senators Hayes, Lander, Leventis and Wilson: A BILL TO AMEND SECTION 38-65-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE AND COVERAGE OF FAMILIES OF EMPLOYEES AND MEMBERS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF INSURANCE WITH RESPECT TO A SPOUSE OR CHILD.

S. 1113 -- Senators Mescher and Rose: A JOINT RESOLUTION TO GRANT THE DEPARTMENT OF REVENUE AND TAXATION THE DISCRETIONARY AUTHORITY TO DELAY IMPLEMENTATION OF SECTION 22 OF ACT 164 OF 1993 IF REQUESTED BY A COUNTY GOVERNING BODY AND TO PROVIDE THAT THE DELAY AND IMPLEMENTATION MAY NOT EXTEND BEYOND JANUARY 1, 1995.

S. 1137 -- Senator Mescher: A BILL TO REPEAL CHAPTER 29 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SUBVERSIVE ACTIVITIES REGISTRATION ACT".

S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.

S. 1199 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.

S. 1227 -- Senator McConnell: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

S. 1314 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.

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

Senator WILSON proposed the following amendment (JUD1062.005), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 30, in Section 33-56-20(8), as contained in SECTION 1, by striking lines 30 and 31 and inserting therein the following:

/ full-time employee of a charitable organization or a part-time student employee of an educational institution is not considered to be a professional solicitor. /

Amend title to conform.

Senator WILSON explained the amendment.

Senator WILSON proposed the following amendment (JUD1062.006), which was adopted:

Amend the bill, as and if amended, page 12, beginning on line 2, in Section 33-56-140(6), as contained in SECTION 1, by striking lines 26 through 30 in their entirety and inserting therein the following:

/charitable solicitation activities until the fine is paid. A person assessed a fine may request an evidentiary hearing before the secretary. A person may appeal an adverse ruling by the secretary to the circuit court. An appeal to the circuit court shall be governed by the standard of review provided in the Administrative Procedures Act and the case law interpreting that provision./

Amend title to conform.

Senator WILSON explained the amendment.

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

S. 879 -- Senators Mescher and Reese: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.

Senator COURTNEY asked unanimous consent to make a motion to proceed to a consideration of the Bill.

Senator McCONNELL objected.

Senator COURTNEY asked unanimous consent to take the Bill up for immediate consideration, for the second time in order to withdraw his proposed amendment.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by Senator COURTNEY and previously printed in the Journal of Wednesday, March 30, 1994.

The amendment was withdrawn.

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

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

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

S. 1315 -- Fish, Game & Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-25-1325 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS ON LAKE WILLIAM C. BOWEN, DEFINE TERMS, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS.

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

There was no objection.

S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.

Senator SHORT explained the Bill.

S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH CAROLINA, TO PROVIDE THE MEMBERSHIP AND PURPOSE OF THAT ADVISORY COMMITTEE, AND TO PROVIDE FOR ITS DISSOLUTION UPON COMPLETION OF ITS WORK.

Senator J. VERNE SMITH explained the Joint Resolution.

S. 1317 -- Senator Courtney: A BILL TO AMEND SECTION 33-8-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMS OF DIRECTORS OF CORPORATIONS AND ASSOCIATIONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO HOMEOWNERS ASSOCIATIONS; AND TO AMEND SECTION 33-8-106, RELATING TO STAGGERED TERMS FOR DIRECTORS OF CORPORATIONS AND ASSOCIATIONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO HOMEOWNERS ASSOCIATIONS.

S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.

S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.

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\15940AC.94), which was adopted:

Amend the bill, as and if amended, Section 44-115-40, by adding at the end:

/A request for the release of copies of medical records from a hospital must be submitted on a uniform request form approved by the Department of Health and Environmental Control upon the recommendation of the South Carolina Health Information Management Association. This form may be utilized by any other health provider./

Amend further, Section 44-115-60(B) by adding at the end:

/However, nothing in this section compels a hospital to release a copy of a medical record prior to thirty days after the discharge of the patient.

(C) A hospital shall comply with a request for copies of a medical record no later than forty-five days after the patient has been discharged or forty-five days after the request is received, whichever is later./

Amend further, by deleting Section 44-115-80 and inserting:

/Section 44-115-80. (A) A physician Notwithstanding any other provision of law, a health care provider may charge a fee of fifty cents a page or a minimum fee of ten dollars, plus actual postage costs, for making copies of existing medical records for the search for and duplication of a medical record, but the fee may not exceed seventy-five cents per page for the first thirty pages and fifty cents per page for all other pages and a clerical fee for searching and handling not to exceed fifteen dollars per request plus actual postage and sales or other tax. The provider may charge a patient no more than the actual cost of reproducing an x-ray. Actual cost means the cost of material and supplies used to duplicate the x-ray and the labor and overhead costs associated with the duplication.

(B) The fees provided for in subsection (A) must be adjusted biennially in accordance with changes in the consumer price index for the two previous years as reported by the United States Department of Commerce./

Amend further, Section 44-115-150, by deleting on page 5, line 26 /This/ and inserting /This Except as provided for in Section 44-115-80, this/.

Amend further, by deleting Section 3 of the bill and inserting:

/SECTION 3. Section 38-77-341(5) of the 1976 Code, as added by Act 148 of 1989, is amended to read:

"(5) charge more for copies of medical records or other records provided more than fifty cents per page, except that a minimum charge of ten dollars for furnishing copies of these records is authorized to be charged by insurers or health care providers than allowed under Section 44-115-80."

SECTION 4. Section 42-15-95 of the 1976 Code, as last amended by Act 476 of 1990, is further amended to read:

"Section 42-15-95. All existing information compiled by a treatment facility, a health care provider as defined in Section 44-115-15, or a physician pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request. The cost for receiving this information is fifty cents a page, with a minimum charge of ten dollars. Actual postage costs, if any, also must be paid for receiving the information. If a treatment facility or physician fails to send the requested information within forty-five days after receipt of the request, the person or entity making the request may apply to the commission for an appropriate penalty payable to the commission, not to exceed two hundred dollars no later than forty-five days after the patient has been discharged or forty-five days after a request is received, whichever is later. The copying costs for medical records requested from a treatment facility, health care provider, or a physician must be as provided for in Section 44-115-80. The penalties for refusing to provide medical records under this section are the same as those penalties provided for in Chapter 115 of Title 44."

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

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 with notice of general amendments.

S. 782 -- Senators Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 43-7-60, 43-7-70, 43-7-80, AND 43-7-90 SO AS TO PROVIDE FOR THE CRIMES OF MEDICAL ASSISTANCE PROVIDER FRAUD AND MEDICAL ASSISTANCE RECIPIENT FRAUD AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO MAKE IT UNLAWFUL FOR A PROVIDER OF MEDICAL ASSISTANCE, GOODS, OR SERVICES UNDER THE STATE'S MEDICAID PROGRAM TO FAIL TO MAINTAIN SEPARATE ACCOUNTS FOR PATIENT FUNDS AND ACCURATE RECORDS WHEN REQUIRED TO DO SO BY STATE OR FEDERAL LAW, REGULATION, OR POLICY, TO MAKE IT UNLAWFUL FOR A PROVIDER TO REMOVE, TRANSFER, OR OTHERWISE USE THESE PATIENT FUNDS FOR A PURPOSE OTHER THAN THAT WHICH IS AUTHORIZED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO GRANT CERTAIN POWERS TO THE ATTORNEY GENERAL FOR THE PURPOSE OF CONDUCTING INVESTIGATIONS FOR ALLEGED OR SUSPECTED VIOLATIONS; AND TO REQUIRE A PERSON TO COMPLY WITH CERTAIN REQUESTS OR SUBPOENAS OF THE ATTORNEY GENERAL AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY.

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\15921AC.94), which was adopted:

Amend the bill, as and if amended, by deleting Section 43-7-60(A) and inserting:

/(A) For purposes of this section:

(1) `provider' includes a person who provides goods, services, or assistance and who is entitled or claims to be entitled to receive reimbursement, payment, or benefits under the state's Medicaid program. `Provider' also includes a person acting as an employee, representative, or agent of the provider.

(2) `false claim, statement, or representation' means a claim, statement, or representation made or presented in any form including, but not limited to, a claim, statement, or representation which is computer generated or transmitted or made, produced, or transmitted by an electronic means or device./

Amend further, Section 43-7-60(B)(1) and (2) by inserting /, including an electronic or computer generated claim,/ on page 2, line 7, after /request/ and on page 2, line 13, after /document/.

Amend further, Section 43-7-60(D) by inserting /Class A/ before /misdemeanor/ on page 2, line 40.

Amend further, Section 43-7-60(E) by inserting on page 3, line 2 /the court/ after /and/.

Amend further by adding at the end of Section 43-7-60(F):

/A civil or criminal action brought under this section may be filed or brought in either the county where the false claim, statement, or representation originated or in the county in which the false claim, statement, or representation was received by the Health and Human Services Finance Commission or other agency of the State responsible for administering the state's Medicaid Program./

Amend further, Section 43-7-70(B) by inserting /Class A/ before /misdemeanor/ on page 3, line 35.

Amend further, Section 43-7-80(B) by inserting /Class A/ before /misdemeanor/ on page 4, line 14.

Amend further, Section 43-7-90 by deleting subsections (B), (C), and (D) and relettering subsections to conform.

Renumber sections to conform.

Amend title to conform.

Senator ROSE 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.

H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.

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 (DKA\3342HTC.94), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Amend further, by inserting the following SECTIONS appropriately numbered to read:

/SECTION ___. Article 9, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1145. A business incorporated in a foreign country is required to apportion only United States source income as determined for federal purposes on form 1120F if elected. No change in the election may be made without permission of the department. Income must be apportioned using rules provided for apportionment in this chapter."

SECTION ___. Article 5, Chapter 29, Title 12 of the 1976 Code is amended by adding:

"Section 12-27-335. (A) The tax imposed by Section 12-29-310 applies to all fuel sold or delivered by a supplier:

(1) to a service station not licensed as a supplier except in accordance with the provisions contained in this section;

(2) to a bulk highway user;

(3) which is sold or delivered into the fuel supply tank of a motor vehicle;

(4) which is consumed by a supplier on the highways in the propulsion of a motor vehicle operated by the supplier.

(B) Sales of a special fuel at a service station are exempt from the tax levied under Section 12-29-310 when the purchases are for nonhighway use or for sale for nonhighway use and are stored separate and apart from facilities servicing motor vehicles, if the separate storage facilities and pumps are prominently and permanently labeled not for highway use. This label must be in plain view of the public to indicate that nontax paid products are contained in the area.

(C) No supplier may deliver special fuel to a service station that is not licensed as a supplier without collecting the tax thereon unless the fuel is delivered into a tank prominently labeled not for highway use as provided in subsection (B)."

SECTION ___. Article 5, Chapter 54, Title 12 of the 1976 Code is amended by adding:

"Section 12-54-138. If it is determined that a taxpayer has received a duplicate refund, the department may assess and collect the amount of one of the refund checks in the same manner as a tax. If the taxpayer returns one of the refund checks uncashed, no interest must be charged."

SECTION ___. Section 12-7-430(d) of the 1976 Code is amended by adding:

"(9) A dividend from a foreign corporation is treated as a dividend from a domestic corporation for the purposes of the dividends received deduction under Section 243 of the Internal Revenue Code."

SECTION ___. Section 12-7-1210(B)(2)(a)(v) of the 1976 Code, as added by Act 170 of 1987, is amended to read:

"(v) received for services performed by an individual in the employ of his spouse within the meaning of Internal Revenue Code Section 3121(b)(3)(A) as amended through December 31, 1987; and"

SECTION ___. Section 12-9-40(E) of the 1976 Code, as added by Act 501 of 1992, is amended by adding:

"(4) If a nonresident shareholder or partner provides the partnership or `S' corporation with a statement that the shareholder or partner is an organization exempt from income taxes under Internal Revenue Code Section 501(a), then the partnership or `S' corporation is not required to withhold with regard to that partner or shareholder. The statement must contain the shareholder's or partner's name, federal identification number, Internal Revenue Code section exemption number, and a copy of the Internal Revenue Service exemption letter."

SECTION ___. Section 12-9-390 of the 1976 Code, as last amended by Act 109 of 1991, is further amended to read:

"Section 12-9-390. (A) Every withholding agent required to make a return or deposit and pay taxes to the Internal Revenue Service under the Internal Revenue Code of 1986, as amended through December 31, 1989, and applicable regulations effective as of December 31, 1989, at the same time, shall make a return or deposit and pay to the commission any taxes deducted and withheld under the provisions of Sections 12-9-310 to 12-9-370.

All withheld funds must be deposited at financial institutions selected by the State Treasurer if the deposit is also required under the Internal Revenue Code of 1986, as amended through December 31, 1989, and applicable regulations as of December 31, 1989.

Nonresident withholding agents may elect to remit taxes withheld under Sections 12-9-310 through 12-9-370 by making a return to the commission as follows:

(1) If the accumulated amount withheld in a calendar quarter is less than five hundred dollars, the return must be filed and the tax remitted to the commission as provided in subsection (B) of this section.

(2) If the accumulated amount withheld is five hundred dollars or more by the end of a month, the return must be filed and the tax remitted to the commission on or before the fifteenth day of the following month.

Nonresident means an individual domiciled outside South Carolina and any other entity whose principal place of business is outside South Carolina.

(B) All other withholding agents are required to make a return and remit withheld funds on the last day of the month following the preceding calendar quarter for which funds were withheld.

Every withholding agent required to make a return or deposit and pay taxes to the Internal Revenue Service under Section 6302 of the Internal Revenue Code of 1986, as amended, and all applicable regulations effective as of December 31, 1989, shall at the same time, make a return or deposit and pay to the commission any taxes deducted and withheld under the provisions of Sections 12-9-310 to 12-9-370.

(A) (1) Resident withholding agents who are required to deposit and pay withholding to the Internal Revenue Service under the provisions of the Internal Revenue Code as defined in Section 12-7-20(11) and applicable federal regulations adopted by the department, shall remit all South Carolina taxes withheld pursuant to this chapter on or before the date their federal withholding taxes are due.

(2) If a resident withholding agent is required under the Internal Revenue Code to deposit withheld funds at a financial institution, then the withholding agent shall deposit the funds required to be withheld under this chapter at a financial institution selected by the State Treasurer.

(3) If a resident withholding agent is not required to deposit and pay federal withholding to the Internal Revenue Service under the provisions of the Internal Revenue Code and applicable regulations, the resident withholding agent shall remit South Carolina withholding to the department in accordance with subsection (B).

(B) A nonresident withholding agent and a resident withholding agent described in subsection (A)(3) shall make a return and remit taxes withheld under this chapter as follows:

(1) on or before the fifteenth day of the month following the month in which the aggregate amount withheld is five hundred dollars or more; or

(2) on or before the last day of the month following the quarter in which funds were withheld if the aggregate amount withheld in a calendar quarter is less than five hundred dollars.

(C) In order to maintain conformity with the federal withholding system, the department may by rule adopt new federal withholding regulations."

SECTION ___. Section 12-21-720 of the 1976 Code is amended to read:

"Section 12-21-720. (A) The license taxes imposed on cigarettes by this article shall must be paid by affixing stamps in the manner and at the time set forth in this article.

(B) The department may promulgate rules and regulations allowing wholesale dealers in cigarettes to store cigarettes intended to be sold and shipped out of this State in separate compartments of their business without affixing revenue stamps.

Any wholesale dealer in cigarettes violating the rules and regulations permitting the storage of cigarettes without affixing the stamps is liable for the penalties contained in this chapter."

SECTION ___. Section 12-27-1510 of the 1976 Code, as last amended by Section 173 of Act 181 of 1993, is further amended to read:

"Section 12-27-1510. A person who purchases and uses gasoline and other motor fuels taxed by this chapter and Chapter 29 of this title on trucking equipment for nonhighway purposes, other than propelling a motor vehicle, may apply for a refund of or credit on the fuel tax paid. Fuel refunds or credits for nonhighway use must be in accordance with regulations set forth by the Department of Revenue and Taxation, and procedures used in filing for refunds or credits must be uniform with procedures required by the Internal Revenue Service. A person claiming a fuel tax refund or credit on truck equipment for nonhighway purposes shall make application to the department on proper forms within one year from the date of purchase of motor fuel which has not been used or consumed by the purchaser before the filing of the application provided for in this section. No refund must be granted on fuel not used or consumed by the purchaser before the filing of the application. The department may allow quarterly refunds for large users. If auxiliary equipment and the motor vehicle are powered off the same fuel tank, the Department of Revenue and Taxation shall determine what percentage of fuel is allowed for nonhighway purposes and subject to refund."

SECTION ___. Section 12-31-430 of the 1976 Code is amended to read:

"Section 12-31-430. Every motor carrier subject to the tax imposed by this chapter shall on or before the twentieth last day of April, July, October, and January make to the Commission such department the reports of its operations during the quarter of the year ending the last day of the preceding month as the Commission may require department requires. Nothing herein shall in this section may be construed to eliminate the requirement as to registration and identification markers otherwise provided by this chapter."

SECTION ___. Section 12-36-110(1) of the 1976 Code, as last amended by Act 164 of 1993, is further amended by adding:

"(k) sales of all local telecommunications services by local exchange companies (LECs) to customer owned coin-operated telephone (COCOT) providers, as those terms are defined by the South Carolina Public Service Commission. The COCOT providers that purchase these services in order to provide payphone services to their customers are considered to be the users and consumers of the services, and are not subject to sales tax for their subsequent sale of local telecommunications services to their COCOT customers."

SECTION ___. Section 12-36-2120(15) of the 1976 Code, as last amended by Section 198 of Act 181 of 1993, is further amended to read:

"(15) gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Department of Revenue and Taxation as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;

(a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;

(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;

(c) fuels used in farm machinery and farm tractors; and

(d) fuels used in commercial fishing vessels."

SECTION ___. Section 12-36-2120(25) of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"(25) motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if, within ten days of the sale, the vendor is furnished a statement, from a commissioned officer of the Armed Forces of a higher rank than the purchaser, certifying that the buyer is a member of the Armed Forces on active duty, and a resident of another state or if the buyer furnishes a leave and earnings statement from the appropriate department of the armed services which designates the state of residence of the buyer;"

SECTION ___. Section 12-54-40(c)(1) of the 1976 Code is amended to read:

"(1) If any part of an underpayment is due to negligence or disregard of regulations, or if any part of a claim for refund is due to negligence or disregard of regulations, there must be added to the tax an amount equal to the sum of five percent of the underpayment or negligently claimed refund and an amount equal to fifty percent of the interest payable under Section 12-54-20."

SECTION ___. Section 12-54-240(13) of the 1976 Code, as last amended by Section 237, Act 181 of 1993, is amended by adding:

"(13) disclosure of information pursuant to Section 12-54-1010(c) or 12-54-1020(c)."

SECTION ___. Section 12-54-420(1) of the 1976 Code, as last amended by Act 10 of 1993, is further amended to read:

"(1) `Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapter 111, 113, or 115 of Title 59. `Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members or other political subdivisions."

SECTION ___. Section 12-54-810(A) of the 1976 Code, as added by Act 50 of 1989, is amended to read:

"(A) An officer or employee of the commission acting in connection with any law administered by the commission department may not knowingly authorize, require, or conduct any investigation of, or surveillance over, any person for nontax administration related purposes for any purpose outside the department's responsibilities."

SECTION ___. Section 12-21-2040 of the 1976 Code is repealed./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN 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.

H. 4779 -- Reps. Harrelson, Cobb-Hunter, Inabinett, McTeer and Rhoad: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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

Senator MESCHER proposed the following amendment (4779R001.WCM), which was adopted:

Amend the bill, as and if amended, on page 1, by striking line 35 in its entirety and inserting in lieu thereof the following:
/Delegation, including a majority of the Senators and a majority of the/

Amend the bill further, on page 2, by striking line 10 in its entirety and inserting in lieu thereof the following:
/including a majority of the Senators and a majority of the House of/

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 Joint Resolution having been read the second time was ordered placed on the third reading Calendar:

H. 4210 -- Reps. Sheheen and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT IF THE ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES CONGRESS EXTENDS CERTAIN EFFECTIVE DATES IN THE RCRA SUBTITLE D MUNICIPAL SOLID WASTE LANDFILL CRITERIA, ANY EXTENSION APPLIES TO ALL MUNICIPAL SOLID WASTE LANDFILLS IN THIS STATE TO WHICH THE CRITERIA APPLY.

S. 1145 -- Senators Richter, Courtney and Waldrep: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

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

There was no objection.

Senator RICHTER explained the Bill.

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

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.

Senator LAND explained the Bill.

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

S. 1310 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND SURVEYORS, RELATING TO REGISTRATION OF TAC/ABET FOUR-YEAR ENGINEERING TECHNOLOGY GRADUATES THUS ESTABLISHING A TWO-TIER CATEGORY REGISTRATION DESIGNATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.

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 SETZLER, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

Senator SETZLER moved that the Bill be made a Special Order.

Senator McCONNELL raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.

The PRESIDENT sustained the Point of Order.

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

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

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