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, last Saturday, April 9, was the 129th Anniversary of the surrender of General Robert E. Lee to General Grant at Appomattox, Va. Hear the words of the 29th Psalm:

"The Lord will give strength

unto His people:

The Lord will bless His people

with peace."
Let us pray.

Eternal God, the God of all POWER... and GRACE... and PEACE, as we solemnly remember that day, one hundred twenty-nine years ago, we pray that the new generation of Americans may never forget the sacrifice, the dedication, the discipline, the crucible of suffering, the blood spilled by youth who wore gray, and the youth who wore blue, that this Country might be united... UNDER GOD... forever!

Heavenly Father, the God of greatness and goodness, who has given the promise of strength and peace, make us... and keep us... YOUR PEOPLE!

Amen.

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

April 6, 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, Board of Health and Environmental Control, with term to commence July 1, 1991, and to expire June 30, 1995 (appointment to commence when confirmed):

1st Congressional District:

Mr. Burnet R. Maybank, III, Post Office Box 126, Charleston, S.C. 29402 VICE William E. Applegate, III (resigned)

Referred to the Committee on Medical Affairs.

April 7, 1994
Steven H. Rosenbaum
Chief, Voting Section
Civil Rights Division
Department of Justice
320 First Street N.W., Room 818A
Washington, D.C. 20001

Dear Mr. Rosenbaum:

Attached is a certified copy of H. 4332 an Act of 1994 bearing Ratification No. 340 (Exhibit 1) which became law without the Governor's signature on March 29, 1994. This Act provides for the apportionment of South Carolina's six congressional districts. Pursuant to the provisions of 42 U.S.C. Section 1973c and 28 C.F.R. Part 51, the State of South Carolina makes the following submission of H. 4332, Ratification No. 340:

Pursuant to 28 C.F.R. Section 51.27, the State submits the following information:
(a) A copy of the enactment embodying the change affecting voting. See Exhibit 1.
(b) A copy of the court order embodying the voting practice that is proposed to be changed. South Carolina's current congressional delegation was elected pursuant to an order of a three-judge district court in the consolidated cases of Burton v. Sheheen and Statewide Reapportionment Advisory Committee v. Campbell filed May 1, 1992. See Exhibit 2, which contains the Burton opinion, and Exhibit 3, which contains the geography report for the 1992 court plan. Prior to the Burton order, the state's congressional districts were drawn in March of 1982 by a three-judge panel's decision in South Carolina State Conference of Branches of the N.A.A.C.P. v. Riley, 533 F. Supp. 1178 (D.S.C. 1982). See Exhibit 4, which contains the Riley opinion, and Exhibit 5, which contains the geography report for the 1982 court plan.
(c) If the change affecting voting is either not readily apparent on the face of the documents provided above, or is not embodied in a document, a clear statement of the change explaining the difference between the submitted change and the prior law or practice, or explanatory materials adequate to disclose to the Attorney General the difference between the prior law and the proposed situation with respect to voting. Due to malapportioned districts (see Exhibit 6) which needed to be updated to conform with the 1990 census, the South Carolina General Assembly attempted to pass a plan in 1991 and 1992. It was not signed by the Governor. A court case ensued and districts for the 1992 elections were based upon a court-drawn plan. Following that election, the court's order was appealed to the U. S. Supreme Court which remanded the case to the three-judge district court panel for further review. The three-judge court ordered the General Assembly to propose and pass a new plan prior to April 1, 1994. H. 4332, Ratification No. 340, was ratified by the General Assembly on March 23, 1994, and became law without the Governor's signature on March 29, 1994. The contents of this submission will detail the differences between the court-drawn plan and H. 4332.
(d) The name, title, address, and telephone number of the person making the submission. SECTION 4 of H. 4332, Ratification No. 340, provides that upon the effective date of the Act, the President Pro Tempore of the South Carolina Senate and the Speaker of the South Carolina House of Representatives are jointly designated as the appropriate officials of the submitting authority who are responsible for making submissions of the congressional reapportionment plan set forth in the Act. These officials are:

The Honorable Marshall B. Williams
President Pro Tempore of the South Carolina Senate
P.O. Box 142
Columbia, S.C. 29202
ATTN: MICHAEL N. COUICK
Telephone: (803) 734-2735
Fax: (803) 734-2941

The Honorable Robert J. Sheheen
Speaker of the South Carolina House of

Representatives
P.O. Box 11867
Columbia, S.C. 29211
ATTN: DEEBO KELLY
Telephone: (803) 734-3125
Fax: (803) 734-2925

(e) The name of the submitting authority and the name of the jurisdiction responsible for the change, if different. The State of South Carolina is the submitting authority and the jurisdiction responsible for the change. The officials of the submitting authority who are responsible for making the submission are listed in (d) above.
(f) If the submission is not from a state or county, the name of the state and county in which the submitting authority is located. Not applicable.
(g) Identification of the person or body responsible for making the change and the mode of decision. This change has been enacted by the South Carolina General Assembly in H. 4332 an Act of 1994 bearing Ratification No. 340 which became law without the Governor's signature. See Exhibit 1.
(h) A statement identifying the statutory or other authority under which the jurisdiction undertakes the change and a description of the procedures the jurisdiction was required to follow in deciding to undertake the change. Baker v. Carr, 369 U.S. 186 (1962). United States Constitution, Amendments X, XIV, and XV. South Carolina Constitution, Article III. The Voting Rights Act of 1962, as amended.
(i) The date of adoption of the change affecting voting. March 29, 1994.
(j) The date on which the change is to take effect. This Act takes effect upon approval by the Governor and subject to the requirement for preclearance through the Department of Justice.
(k) A statement that the change has not yet been enforced or administered, or an explanation of why such statement cannot be made. This change has not yet been enforced or administered. H. 4535 an Act of 1994 bearing the Ratification No. 299, delayed the filing and primary and runoff election dates for 1994 only in anticipation that the Bills concerning reapportionment would require additional time to be precleared prior to any enforcement or administration. H. 4535 has been expeditiously precleared by the Department of Justice subject to further consideration during the sixty-day period. See Exhibit 7.
(l) Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change. Not applicable.
(m) A statement of the reasons for the change. See answer in (c) above.
(n) A statement of the anticipated effect of the change on members of racial or language minority groups. H. 4332 will enhance the opportunity for minorities to elect their candidates of choice in South Carolina. It provides for a majority-minority district (District 6) with a total minority population percentage of 62.187 and a black voting age population percentage of 58.315. The entire plan splits only thirteen counties and six precincts. See Exhibit 8.
(o) A statement identifying any past or pending litigation concerning the change or related voting practices. Currently, the South Carolina General Assembly is still subject to the three-judge panel's jurisdiction in Statewide Reapportionment Advisory Committee v. Theodore. A status conference was held in this case on March 31, 1994. At this proceeding, the panel ordered that the parties, as well as the Department of Justice, file briefs relating to a variety of issues and further ordered the parties to submit status letters by May 2, 1994.
(p) A statement that the prior practice has been precleared (with the date) or is not subject to preclearance and a statement that the procedure for the adoption of the change has been precleared (with the date) or is not subject to the preclearance requirement, or an explanation of why such statements cannot be made. The prior practice is the election under the court-drawn plan of 1982 which is not subject to preclearance procedures.
(q) For redistrictings, items listed in 28 C.F.R. Section 51.28(a)(1) and (b)(1) must be included. See references below submitted pursuant to 28 C.F.R. Section 51.28.
(r) Other information that the Attorney General determines is required for an evaluation of the purpose or effect of the change. Because this item indicates that the items listed in 28 C.F.R. Section 51.28 would most likely be needed for consideration in the submissions of redistrictings and that in the interest of time such information should be furnished with the initial submission, please see the information listed below.

Pursuant to 28 C.F.R. Section 51.28, the following supplemental information is provided in connection with this submission:
(a) Demographic information. See Exhibits 9, 10, 11, and 12.
(b) Maps. See Exhibit 13.
(c) Annexations. Not applicable.
(d) Election returns: Where a change may affect the electoral influence of a racial or minority language group, returns of primary and general elections conducted by or in the jurisdiction may be included in the submission:
(1) Name of each candidate.
(2) Race or language group of each candidate, if known.
(3) Position sought by each candidate.
(4) Number of votes received by each candidate, by voting precinct.
(5) Outcome of each contest.
(6) Number of registered voters, by race and language group, for each voting precinct for which election returns are furnished. Information with respect to elections held during the last ten years will normally be sufficient.
(7) Election related data containing any of the information described above shall conform to the requirements set out for disks and tapes. Election related data that cannot be accurately presented in terms of census blocks may be identified by county and by precinct.
The above information is contained in Exhibit 14.
(e) Language usage. Not applicable.
(f) Publicity and participation: For submissions involving controversial or potentially controversial changes, evidence of public notice, of the opportunity for the public to be heard, of the opportunity for interested parties to participate in the decision to adopt the proposed change, and an account of the extent to which such participation, especially by minority group members, in fact took place. Examples of materials demonstrating public notice or participation include:
(1) Copies of newspaper articles discussing the proposed change. See Exhibit 15.
(2) Copies of public notices that describe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to identified individuals or groups). See Exhibit 16.
(3) Minutes or accounts of public hearings concerning the proposed change. See Exhibit 17.
(4) Statements, speeches, and other public communications concerning the proposed change. The Senate Judiciary Committee's Subcommittee on Reapportionment and Redistricting adopted criteria which were used consistently throughout the reapportionment process. See Exhibit 18. Also enclosed are two tapes which include the debate on Congressional reapportionment occurring on the House floor, as well as an index of the material included on these tapes. See Exhibit 19.
(5) Copies of comments from the general public. Although requested and encouraged, no copies of comments from the general public were received.
(6) Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose. See Exhibit 20.
(g) Availability of the submission:
(1) Copies of public notices that announce the submission to the Attorney General, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite comments for the consideration of the Attorney General and statements regarding where such public notices appeared. See Exhibit 21.
(2) Information demonstrating that the submitting authority, where a submission contains magnetic media, made the disks or tapes available to be copied, or, if so requested, made a hard copy of the data contained on the disk or tape available to be copied. See Exhibit 21.
(h) Minority group contacts: For submissions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process. See Exhibit 22.

You will note that this submission bears my signature alone. The Senate requested and invited the Speaker of the House of Representatives to join in this submission. On the basis that the Senate refused to delete language in Item (h) on page three asserting the Voting Rights Act of 1962, as amended, governs those changes made in redistricting and the procedures that South Carolina was required to follow in undertaking such changes, and on that basis alone, the Speaker refused to sign the submission.

The Senate believes this to be a valid and complete submission, and implores the Justice Department to receive it and review it on that basis and respectfully requests that it be given expedited consideration.

Respectfully submitted,
/s/Marshall B. Williams
President Pro Tempore of the South Carolina Senate

Robert J. Sheheen
Speaker of the South Carolina House of Representatives

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

Document No. 1758
Promulgated by The Board of Chiropractic Examiners, Department of Labor, Licensing and Regulation
Correction of Terminology Inconsistencies Regarding Therapeutic Modalities
Received by Lt. Governor April 11, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date March 18, 1995

Document No. 1767
Promulgated by Department of Transportation
Specific Information Service Signing
Received by Lt. Governor April 7, 1994
Referred to Senate Committee on Transportation
120 day review expiration date March 14, 1995

On motion of Senator MARTIN, at 12:00 Noon, Senator O'DELL was granted a leave of absence until 1:30 P.M.

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

The following were introduced:

S. 1334 -- Senator Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-4-75 SO AS TO RESTRUCTURE THE OFFICE OF CHILD SUPPORT ENFORCEMENT BY TRANSFERRING THE OFFICE FROM THE DEPARTMENT OF SOCIAL SERVICES TO THE DEPARTMENT OF REVENUE AND TAXATION AND TO TRANSFER THE FUNCTIONS, POWERS, AND DUTIES OF THE OFFICE; TO PROVIDE FOR THE SURVIVAL OF CLAIMS AND ACTIONS; AND TO PROVIDE FOR A TRANSITION PLAN TO BE APPROVED BY THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.

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

S. 1335 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING, AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO DETERMINE A BENCHMARK LOSS RATIO OF APPROXIMATELY FIFTY PERCENT TO DETERMINE THE PREMIUM RATE CHARGED FOR CREDIT LIFE INSURANCE.

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

S. 1336 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.

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

S. 1337 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING MARTHA L. WALTMAN OF GREENWOOD COUNTY ON HER INSTALLATION AS GOVERNOR OF THE SOUTH CAROLINA DISTRICT OF PILOT INTERNATIONAL.

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

S. 1338 -- Senators G. Smith, Hayes, Martin, Short, Thomas, Ryberg, Courtney, Holland, Gregory, Ford, Giese, Drummond, Lander, Rankin, Mescher, Moore, Richter, Rose and Macaulay: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1994 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1995, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1995, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1994 TAKES EFFECT OCTOBER 1, 1995.

Senator GREG SMITH spoke on the Bill.

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

H. 5044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMDEN HIGH SCHOOL GIRLS VOLLEYBALL TEAM FOR WINNING THE 1993 STATE CLASS AAA VOLLEYBALL CHAMPIONSHIP, AND TO GRANT SPECIAL LEAVE OF THE HOUSE TO ADMIT THE TEAM, ITS COACH, AND SCHOOL OFFICIALS TO THE FLOOR OF THE HOUSE ON THURSDAY, APRIL 14, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THIS OUTSTANDING ACCOMPLISHMENT.

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

H. 5045 -- Reps. Cromer and Neal: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOWER RICHLAND HIGH SCHOOL GIRLS BASKETBALL TEAM, STAFF, AND COACHES FOR AN UNFORGETTABLE SEASON ON WINNING THE 1994 CLASS AAAA STATE CHAMPIONSHIP, AND TO GRANT COACH DEBBIE STROMAN AND THE LADY DIAMONDS' TEAM CAPTAIN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 21, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER.

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

H. 5046 -- Rep. Anderson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND WALTER E. DAVIS OF GREENVILLE COUNTY FOR TWENTY-FIVE YEARS OF DEDICATED SERVICE AS THE SPIRITUAL LEADER OF ANTIOCH BAPTIST CHURCH AND EXTENDING TO HIM BEST WISHES FOR MANY MORE YEARS OF SERVICE TO HIS CONGREGATION AND THE GREENVILLE COMMUNITY.

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

H. 3233 -- Reps. Rudnick, Harrison, Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-970 AND 38-77-980 SO AS TO PROVIDE THAT NO INSURANCE COMPANY AND NO AGENT OR ADJUSTER FOR THE COMPANY THAT ISSUES OR RENEWS ANY POLICY OF INSURANCE COVERING ANY MOTOR VEHICLE MAY REQUIRE OR RECOMMEND THAT ANY PERSON INSURED UNDER THAT POLICY USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF AUTOMOBILE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED BY THAT POLICY, AND PROVIDE FOR RELATED MATTERS.

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

H. 4493 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO INCREASE THE MINIMUM CHARGE, AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES.

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

H. 4554 -- Reps. Kirsh, Haskins, Harvin, Davenport, Robinson, Barber, Vaughn and Wells: A BILL TO AMEND SECTION 55-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES AND REGULATIONS GOVERNING THE USE OF ROADS, STREETS, AND PARKING FACILITIES ON LANDS OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO DELETE A REFERENCE TO A REQUIREMENT TO FILE SUCH RULES AND REGULATIONS IN THE OFFICE OF THE SECRETARY OF STATE.

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

H. 4561 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-45 SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS ON POST CONVICTION RELIEF APPLICATIONS AND TO PROVIDE FOR APPLICATIONS SEEKING RETROACTIVE APPLICATION OF JUDICIAL DECISIONS.

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

H. 4596 -- Rep. Hodges: A BILL TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO ADD TO THE DEFINITION OF "PUBLIC UTILITY" BY PROVIDING THAT THE TERM INCLUDES EVERY CORPORATION AND PERSON DELIVERING NATURAL GAS DISTRIBUTED OR TRANSPORTED BY PIPE, AND DELETE THE WORD "GAS" FROM THE DEFINITION; AND TO AMEND SECTION 58-5-240, AS AMENDED, RELATING TO GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, FILING SCHEDULES OF PROPOSED RATES, AND THE EFFECTIVE DATE THE SAME, SO AS TO PROVIDE THAT WHEN CERTAIN CONDITIONS EXIST OR THE PUBLIC SERVICE COMMISSION MAKES CERTAIN DETERMINATIONS, A RATE OF RETURN DOES NOT HAVE TO BE CALCULATED IF THE RATE IS DETERMINED TO BE JUST AND REASONABLE.

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

H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT ANY NUMBER OF HOURS OF CONTINUING INSURANCE EDUCATION EARNED BY AN AGENT IN A TWELVE-MONTH PERIOD MUST BE CARRIED FORWARD, AT THE DESIGNATION OF THE AGENT, TO THE ENSUING TWELVE-MONTH PERIOD, WITHOUT LIMITATION, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD.

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

H. 4795 -- Reps. M.O. Alexander, Cato, Sharpe, R. Smith and A. Young: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THIS FUND ENSURES PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, PROVIDE THAT THIS FUND, UNDER CERTAIN CONDITIONS, ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

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

H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

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

H. 4826 -- Reps. Allison and Lanford: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, SO AS TO AUTHORIZE A SUBSISTENCE ALLOWANCE EQUAL TO THE LESSER OF ACTUAL EXPENSES OR ONE HUNDRED DOLLARS A DAY.

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

H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.

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

H. 5020 -- Reps. Houck, Harwell, McKay and Hines: A BILL TO AMEND ACT 92 OF 1924, AS AMENDED, RELATING TO THE PARK COMMISSION FOR THE CITY OF FLORENCE, SO AS TO DECREASE THE MEMBERSHIP FROM SIXTEEN TO SEVEN AND TO PROVIDE FOR THEIR ELECTION AND STAGGERED TERMS.

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

H. 5032 -- Reps. Boan and Hodges: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 7, 1993, MISSED BY THE STUDENTS OF KERSHAW ELEMENTARY SCHOOL AND BUFORD HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT AND THE SCHOOL DAYS OF SEPTEMBER 7 AND 8, 1993, MISSED BY STUDENTS OF CLINTON ELEMENTARY SCHOOL AND LANCASTER HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO CONSTRUCTION DELAYS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

Senator MITCHELL from the Committee on Corrections and Penology submitted a favorable report on:

S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.

Ordered for consideration tomorrow.

Senator MITCHELL from the Committee on Corrections and Penology submitted a favorable report on:

H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND TWENTY-ONE; TO REQUIRE THESE AGENCIES TO EVALUATE FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO DIVERT FUNDS AND STAFFING FROM TRADITIONAL COMMITMENT AND INCARCERATION TO THIS PROGRAM.

Ordered for consideration tomorrow.

Senator MITCHELL from the Committee on Corrections and Penology submitted a favorable report on:

H. 4464 -- Rep. Waldrop: A BILL TO AMEND SECTION 24-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO PERMIT THE SALE OF HOGS.

Ordered for consideration tomorrow.

S. 1331 -- Senator Matthews: A CONCURRENT RESOLUTION CONGRATULATING CHAD SKELTON OF DORCHESTER COUNTY ON ATTAINING THE RANK OF EAGLE SCOUT, THE HIGHEST RANK IN SCOUTING.

Returned with concurrence.

Received as information.

S. 1332 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. WILLIAM TALBERT KENNEDY OF MANNING WHO DIED SATURDAY, APRIL 2, 1994.

Returned with concurrence.

Received as information.

S. 1333 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. MONROE HOWELL HARPE OF WEST COLUMBIA UPON HIS DEATH.

Returned with concurrence.

Received as information.

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

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

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

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

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

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.

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.

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

S. 768 -- Senators Passailaigue, J. Verne Smith, Bryan, Wilson, Drummond, Waldrep, Thomas and Giese: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.

S. 887 -- Senator Courson: A BILL TO AMEND SECTION 44-96-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF THE DISPOSITION OF USED MOTOR OIL AND THE SOLID WASTE EXCISE FEE IMPOSED ON SALES OF MOTOR OIL AND SIMILAR LUBRICANTS FOR PURPOSES OF THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO EXEMPT SALES OF OIL TO THE FEDERAL GOVERNMENT FROM THE SOLID WASTE EXCISE FEE ON OIL.

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.

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.

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.

S. 976 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO INCREASE THE MINIMUM CHARGE, AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES.

S. 1250 -- Senators Peeler, O'Dell, Martin and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2680 SO AS TO AUTHORIZE THE SALES TAX EXEMPTION CERTIFICATE FOR CERTAIN ITEMS TO BE FILED WITH THE RETAILER RATHER THAN PRESENTED AT THE TIME OF EACH SALE, TO REQUIRE THE BUYER MAKING A TAX-EXEMPT PURCHASE PURSUANT TO A CERTIFICATE ON FILE WITH THE RETAILER TO NOTE ON THE PURCHASE INVOICE THE EXEMPT ITEMS, STATE THAT THE PURCHASES ARE FOR EXEMPT PURPOSES, AND SIGN THE PURCHASE INVOICE, AND TO PROVIDE THAT THE PURCHASER'S SIGNATURE ON SUCH AN INVOICE MAKES THE PURCHASER LIABLE FOR ANY TAX DETERMINED TO BE DUE ON THE SALE.

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.

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

Senator SHORT proposed the following amendment (891R001.LHS), which was adopted:

Amend the bill, as and if amended, page 1, line 27, after the word /planning/, by inserting the following:

/, excluding abortion counseling/

Amend title to conform.

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

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.

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

The Transportation Committee proposed the following amendment (DKA\3341BDW.94), which was adopted:

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

/SECTION 1. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 164 of 1993, is further amended to read:

"Section 12-27-400. (A) The monies collected pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway System for construction, improvements, and maintenance, together with any other funds made available for the purpose, for purposes set forth in this section. The monies must be apportioned among the counties of the State in the following manner:

(1) one-third in the ratio which the land area of the county bears to the total land area of the State;

(2) one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and

(3) one-third in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation. The Tax Commission Department of Revenue and Taxation shall add a line in the sales, use, and local option sales tax return form for the collection of information regarding the number of gallons of gasoline sold in each county for use in making allocations of `C' funds as provided in this section. The Tax Commission Department of Revenue and Taxation shall submit the percentage of the total represented by each county to the commission each county transportation committee by the twenty-fifth day of the month following the end of the calendar quarter.

(B) A county transportation committee that provides its own engineering, contracting, and project supervision may elect to receive its allocation directly from the commission on an annual basis. However, Upon request of a county transportation committee, the Department must of Transportation shall continue to administer the funds allocated to the county.

(C) (B) The funds expended must be approved by and used in furtherance of a countywide transportation plan adopted by a county transportation committee. The county transportation committee must be appointed by the county legislative delegation and must be made up of fair representation from municipalities and unincorporated areas of the county. County transportation committees may join in approving a regional transportation plan, and the funds must be used in furtherance of the regional transportation plan. This subsection may does not be construed as prohibiting prohibit the county legislative delegation from making project recommendations to the county transportation committee. A maximum of three hundred dollars from a county's apportionment of `C' funds may be expended annually by its county transportation committee for administrative expenses.

(C) At least fifty percent of a county's apportionment of `C' funds must be expended on the state highway system for construction, improvements, and maintenance. An amount not to exceed fifty percent of a county's apportionment of `C' construction funds may be expended for local paving or improving county roads for street and traffic signs and other paving projects. Roads constructed of rock that are constructed using the fifty percent `C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.

(D) The funds allocated to the county also may be used to issue county bonds or state highway bonds as provided in subsection (J) of this section, pay directly for appropriate projects, including engineering, contracting, and project supervision, and match federal funds available for appropriate projects.

(E) All unexpended `C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.

(F) The countywide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation. Prior to Before the expenditure of funds by the a county transportation committee, the committee must shall adopt specifications for local road projects. In counties electing to receive expend their allocation directly pursuant to subsection (B) (A), specifications of roads built with `C' funds are to be established by the countywide or regional transportation committee. In counties electing in which the county transportation committee elects to have their `C' funds administered by the Department of Transportation, primary and secondary roads built using `C' funds must meet Department of Transportation specifications.

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

(H) For purposes of this subsection, `donor county' means a county that contributes to the `C' fund an amount in excess of what it receives under the allocation formula as stated in subsection (A) of this section. In addition to the allocation to the counties pursuant to subsection (A) of this section, the Department of Transportation annually shall transfer from the state highway fund to the donor counties an amount equal to nine and one-half million dollars in the ratio of the individual donor county's contribution in excess of `C' fund revenue allocated to the county under subsection (A) of this section is to the total excess contributions of all donor counties. Funds received by donor counties pursuant to this subsection must be expended as provided in subsection (C) and in accord with other provisions of this section.

(I) In expending funds under this section, counties that elect to provide for engineering, contracting, and project supervision must shall use a procurement system which requires competitive sealed bids and public advertisement of all projects. All bids for contracts in excess of one hundred thousand dollars must be accompanied by certified bid bonds, and all work awarded under such the contracts must be covered by performance and payment bonds for one hundred percent of the contract value. Bid summaries must be published in a newspaper of general distribution following each award.

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

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

Amend title to conform.

Senator BRYAN explained the amendment.

Senators J. VERNE SMITH, BRYAN and LEVENTIS proposed the following amendment (N05\7783BDW.94), which was adopted:

Amend the committee amendment, as and if amended, by striking Section 12-47-400(C), page 961-2, beginning on line 31, and inserting:

/(C) At least twenty-five percent of a county's apportionment of `C' funds must be expended on the state highway system for construction, improvements, and maintenance. The county transportation committee, at its discretion, may expend up to seventy-five percent of `C' construction funds for activities including, but not limited to, local paving or improving county roads, for street and traffic signs, and for other paving projects. Roads constructed of rock must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent./

Amend further, Section 12-47-400(H), page 961-3, by deleting lines 32-34.

Amend title to conform.

Senator J. VERNE SMITH 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.

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

S. 413 -- Senator Land: A BILL TO AMEND SECTION 12-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTIONS 34-19-50, 34-19-70, 34-19-80, AND 34-19-100, RELATING TO ACCESS TO A DECEDENT'S SAFETY DEPOSIT BOX, OPENING A SAFETY DEPOSIT BOX WITH RENT IN ARREARS, SALE OF UNCLAIMED CONTENTS OF A SAFETY DEPOSIT BOX AND DESTRUCTION OF PRIVATE DOCUMENTS OF NO APPARENT VALUE, SO AS TO ALLOW MILITARY DISCHARGE PAPERS TO BE REMOVED FROM A DECEDENT'S BOX, TO PROVIDE FOR THE RELEASE OF THE BOX CONTENTS TO THE PERSONAL REPRESENTATIVE OF THE DECEDENT, AND TO DELETE REQUIRED NOTICES TO THE TAX COMMISSION FOR REMOVAL OF BOX CONTENTS, TO ALLOW A BOX TO BE OPENED FOR UNPAID RENT AFTER NINETY DAYS RATHER THAN ONE YEAR, TO ALLOW THE SALE OF UNCLAIMED CONTENTS AFTER ONE YEAR RATHER THAN TWO YEARS, AND TO ALLOW DESTRUCTION OF VALUELESS PRIVATE DOCUMENTS AFTER ONE YEAR RATHER THAN TWO YEARS; AND TO REPEAL SECTION 12-16-1520, RELATING TO THE REQUIRED NOTICE TO THE TAX COMMISSION BEFORE TRANSFER OF CERTAIN ASSETS OF DECEDENTS.

Senator LEATHERMAN explained the Bill.

S. 1330 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE PRACTICE OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1729, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1001 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL DISTRICT BOARDS ARE NOT PROHIBITED FROM MAKING SCHOOL DISTRICT FACILITIES SMOKE FREE; TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT IN GOVERNMENTAL BUILDINGS BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

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\15979AC.94), which was adopted:

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

/SECTION 1. Section 44-95-20 of the 1976 Code, as last amended by Act 289 of 1994, is further amended to read:

"Section 44-95-20. It is unlawful for any a person to smoke, or possess lighted smoking material in any form, in the following public indoor areas except where a smoking area is designated as provided for herein in this chapter:

(1) public schools, including preschools, except in enclosed private offices and teacher lounges; however, nothing in this chapter prohibits or precludes a local school board from making any school district facility smoke free;

(2) child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7, Title 20;

(3) health care facilities as defined in Section 44-7-130 of the 1976 Code, except where smoking areas are designated in employee break areas. No section of; however, nothing in this chapter shall prohibit prohibits or preclude precludes a health care facility from being smoke free;

(4) government buildings, (except health care facilities and public schools as provided for herein) in this section, except that smoking shall be is allowed in enclosed private offices and designated areas of employee break areas; provided that however, smoking policies in the State Capitol and Legislative Office Buildings shall must be determined by the office of government having control over that its respective area of the buildings. `Government buildings' shall mean means buildings or portions thereof of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions thereof of buildings which are leased to other organizations or corporations;

(5) elevators;

(6) public transportation vehicles, except for taxicabs; and

(7) arenas and auditoriums of public theaters or public performing art centers; except that smoking areas may be designated in foyers, lobbies, or other common areas; and smoking is permitted as part of a legitimate theatrical performance."

SECTION 2. Act 503 of 1990, the Clean Indoor Air Act of 1990, is designated Chapter 95 of Title 44 of the 1976 Code, entitled the "Clean Indoor Air Act of 1990", and the various sections of that act are designated sections of the 1976 Code as follows:

Section 1. Section 44-95-10;

Section 2. Section 44-95-20;

Section 3. Section 44-95-30;

Section 4. Section 44-95-40;

Section 5. Section 44-95-50;

Section 6. Section 44-95-60.

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

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

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

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.

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

On motion of Senator MARTIN, the Bill was tabled.

H. 4711 -- Rep. Harvin: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

Senator THOMAS moved to recall the Bill from the Committee on Medical Affairs.

Senator MACAULAY, Chairman of the Committee on Medical Affairs, spoke on the motion.

Senator THOMAS spoke on the motion.

Senator WILLIAMS spoke on the motion.

Senator WILLIAMS moved to table the motion to recall the Bill.

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

Cork Drummond Ford
Giese Glover Gregory
Holland Jackson Land
Macaulay Matthews McConnell
Mescher Mitchell Passailaigue
Patterson Rankin Saleeby
Short Smith, G. Smith, J.V.
Washington Williams

Bryan Courson Courtney
Hayes Lander Leventis
Martin McGill Moore
O'Dell Peeler Reese
Richter Rose Ryberg
Stilwell Thomas Wilson

The motion to recall the Bill was laid on the table.

We voted to table the motion to recall H. 3267 because the Committee Chairman, Senator MACAULAY, indicated that the subcommittee had not been given an ample opportunity to hold hearings on the legislation and it was not the committee's intent to "bottle up" the Bill in committee (another hearing is scheduled for Thursday, April 14). Therefore, based on the Committee Chairman's statement, we voted to keep the Bill in committee for a final hearing.

H. 4493 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO INCREASE THE MINIMUM CHARGE, AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES.

Senator SALEEBY moved to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

On motion of Senator SALEEBY, the Bill was ordered placed on the Calendar without reference.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

H. 3442 -- Rep. Cromer: A BILL TO ALLOW SCHOOL ADMINISTRATORS AND OFFICIALS TO CONDUCT SEARCHES OF STUDENT AREAS ON SCHOOL PROPERTY WITHOUT PROBABLE CAUSE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (10939JM.94) proposed by Senator MITCHELL and previously printed in the Journal of Wednesday, March 30, 1994.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 1157 -- Judiciary Committee: A BILL TO AMEND SECTION 2-25-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO STUDY CRIMINAL LAWS, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE; TO AMEND SECTION 16-1-57, RELATING TO THE CLASSIFICATION OF REPEAT OFFENDERS FOR CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT THIRD OR SUBSEQUENT OFFENSES ARE CLASS E FELONIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO ADD THE OFFENSE OF TRAFFICKING IN CRACK COCAINE; TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO AS TO REQUIRE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS THAN TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES; AND TO PROVIDE FOR THE PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE PROVISIONS OF THIS ACT. (ABBREVIATED TITLE)

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

Senator HOLLAND spoke on the Bill.

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

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (4691R002.ELP) proposed by Senators PASSAILAIGUE, McCONNELL, GIESE, McGILL, PEELER, LANDER, ROSE, MESCHER, LEVENTIS, GREGORY, THOMAS, COURSON and RYBERG on March 9, 1994.

Senator J. VERNE SMITH spoke on the Bill.

Senator McCONNELL spoke on the Bill.

Senator PASSAILAIGUE spoke on the Bill.

At 1:45 P.M., on motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business not to exceed five minutes, with Senator PASSAILAIGUE retaining the floor.

At 1:50 P.M., the Senate resumed.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was read the second time, carrying over all amendments to third reading, retaining its status on the Special Order Calendar.

At 1:52 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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