Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, the Prophet Isaiah, even 26 centuries ago, was discouraged as he looked at the public scene. Hear what he said in Chapter 59 (vv. 14-15):
"Justice is turned back, and righteousness
stands afar off;
For truth has fallen in the public squares,
and uprightness cannot enter.
Truth is lacking, and he who departs
from evil makes himself a prey."
Let us pray.

Heavenly Father, sometimes we as public servants are tempted with Isaiah to cynicism as we look out upon our world with the desire to serve it.

Through Your Word, and the prophets, You have caused the light to shine in the darkness. Yet mankind continues to walk in the ethical shadows.

We yearn to be able to live with our fellow human beings on the highest level of trust and brotherhood. Help us not to lose heart in the enterprise.

We pray in the Name of Him who put discipleship in terms of cross-bearing!

Amen.

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

The following was received:

Document No. 1682
Promulgated by Department of Health and Environmental Control
Hazardous Waste Management
Received by Lt. Governor December 17, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 11, 1994
Withdrawn and resubmitted April 28, 1994
Revised expiration date May 18, 1994

On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.

Columbia, S.C., April 28, 1994

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 28, 1994

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 28, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 28, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 28, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4630 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.

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

There was no objection.

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

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

On motion of Senator BRYAN, S. 1269 was ordered to receive a third reading on Friday, April 29, 1994.

S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

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

H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.

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

There was no objection.

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

The following were introduced:

S. 1391 -- Senator Mescher: A BILL TO AMEND CHAPTER 1, TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-250 SO AS TO PROVIDE THAT THE STATE THROUGH ITS AGENCIES SHALL IMPLEMENT A PROGRAM SO THAT WOMEN WHO ARE RESIDENTS OF SOUTH CAROLINA AT OR BELOW 185 PERCENT ABOVE THE POVERTY LEVEL SHALL HAVE THE OPPORTUNITY FOR VOLUNTARY INSERTION OR INJECTION OF LONG-TERM IMPLANTS OR INJECTABLE METHODS OF CONTRACEPTION AT NO COST AND THAT WOMEN AT 186 TO 250 PERCENT ABOVE THE POVERTY LEVEL SHALL VOLUNTARILY HAVE THE OPPORTUNITY FOR THESE FORMS OF CONTRACEPTIVES ON A SLIDING FEE SCALE.

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

S. 1392 -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE AUGUST 13, 1994, AS "NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA DAY."

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

S. 1393 -- Senator Leventis: A CONCURRENT RESOLUTION URGING CONGRESS TO ELIMINATE UNFUNDED FEDERAL MANDATES WHICH REQUIRE PUBLIC WATER SUPPLY SYSTEMS TO EXPEND THEIR RESOURCES TO COMPLY WITH FEDERAL SAFE DRINKING WATER STANDARDS WHICH PROVIDE LITTLE OR NO BENEFIT TO PUBLIC HEALTH.

Whereas, the protection of the public health and welfare is the primary concern of public water supply systems; and

Whereas, the ability of public water supply systems to protect the health and welfare of its citizenry has been greatly reduced by unfunded federal mandates contained in the Safe Drinking Water Act; and

Whereas, public water systems cannot afford to commit limited resources on federal mandates which provide little or no benefit to public health but must rather be permitted to focus their resources on protections which ensure the highest safety for public health; and

Whereas, H.R. 3392, the Safe Drinking Water Act amendments of 1993, introduced by Representative Jim Slattery of Kansas and Representative Thomas Bliley of Virginia, would amend the Safe Drinking Water Act to allow public water supply systems greater ability to effectively protect the public health and welfare by ensuring that limited public resources can be sensibly focused on the most serious risks presented by contaminants in drinking water. Now, therefore,

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

That the General Assembly of South Carolina, by this resolution, hereby urges Congress to amend the Safe Drinking Water Act in such a manner as will permit public water supply systems to focus their resources on issues which threaten public health and which will provide flexibility in meeting the real health needs of its citizenry.

Be it further resolved that a copy of this resolution be forwarded to the Speaker of the United States House of Representatives, the President of the United States Senate, all members of the congressional delegation from the State of South Carolina, the Administrator of the United States Environmental Protection Agency, and the Regional Administrator, Region IV of the United States Environmental Protection Agency.

Referred to the Committee on Agriculture and Natural Resources.

S. 1394 -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT INTERSTATE HIGHWAY 95 AND INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY AS THE FRANK L. CULBERTSON, JR. INTERCHANGE.

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

S. 1395 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE LEGISLATIVE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, forty-two states have successful Youth in Government programs; and

Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and

Whereas, more than one thousand high school students in the State participated in the program's Model Legislature in 1993. Now, therefore, Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly authorize the Greenville Young Men's Christian Association to use the Senate Chamber and the Chamber of the House of Representatives, subject to the renovation of the State House and the upgrading of such temporary facility as the General Assembly may commission,and to use such hearing rooms as may be available in the legislative office buildings, on Thursday, December 1, 1994, and Friday, December 2, 1994, to conduct a Youth in Government program.

Be it further resolved that the offices of the Sergeant at Arms of the Senate and of the House of Representatives shall provide assistance and access as necessary for this meeting in accordance with applicable procedures, Rules of the Senate, and Rules of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director, YMCA Youth in Government and the Honorable James R. Melton and the Honorable Mitchell G. Dorman, Sergeants at Arms of the Senate and House of Representatives, respectively.

Referred to the Committee on Invitations.

S. 1396 -- Senator Washington: A JOINT RESOLUTION TO AMEND ARTICLE X, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT OF PROPERTY FOR TAXATION, SO AS TO PROVIDE THAT RESIDENTIAL REAL PROPERTY THAT IS USED AS A TAXPAYER'S PRIMARY RESIDENCE SHALL BE TAXED BASED ON ITS ASSESSED VALUE IN THE BASE YEAR.

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

H. 5176 -- Reps. McLeod, Keegan, Quinn and Shissias: A CONCURRENT RESOLUTION COMMENDING THE COLLEGE OF CRIMINAL JUSTICE OF THE UNIVERSITY OF SOUTH CAROLINA FOR TWO DECADES OF OUTSTANDING SERVICE TO THE FIELD OF CRIMINAL JUSTICE IN THE PALMETTO STATE, AND ENCOURAGING THE COLLEGE TO KEEP UP ITS GOOD WORK.

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

H. 5177 -- Reps. Scott, J. Brown, Neal, Byrd, Shissias, Waites, Quinn, Harrison, Corning and Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE THE BOOKER T. WASHINGTON HIGH SCHOOL CLASS OF 1944 AS THEY GATHER IN CELEBRATION OF THEIR FIFTIETH HIGH SCHOOL REUNION JUNE 10, 1994, AND TO WISH THEM A SUCCESSFUL AND ENJOYABLE REUNION AND BEST WISHES FOR THE FUTURE.

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

H. 5178 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING DR. NORMAN P. PEARSON, SR. ON HIS SILVER ANNIVERSARY AS PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH OF WILLIAMSTON.

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

H. 5181 -- Reps. Mattos, Vaughn, Stuart, Kelley, Snow, McMahand, Stille, Wells, Shissias, Harvin, McCraw, Breeland, Chamblee, Keegan, Inabinett, Anderson, J. Brown, Thomas, Jaskwhich, Meacham, Waites, Harrelson, Rhoad, Koon, Lanford, Rudnick, McTeer and R. Young: A CONCURRENT RESOLUTION TO URGE OBSERVANCE OF THE INTERNATIONAL YEAR OF THE FAMILY AND THE INTERNATIONAL DAY OF FAMILIES AND TO HONOR DISTINGUISHED VISITORS TO A SYMPOSIUM ON THE RIGHT TO A FAMILY ENVIRONMENT.

Whereas, the United Nations General Assembly has proclaimed 1994 to be the International Year of the Family and May 15, 1994, to be the first International Day of Families; and

Whereas, the initiation of the International Year of the Family and the International Day of Families was based on concern for the family as the fundamental unit of society, acknowledgment of the extraordinary changes that have taken place in family life around the world in the last generation, and recognition of the need to foster community support for families, often in the face of increased isolation of families, decreased commitment to family life, and increased social and economic stressors for young families; and

Whereas, the Governor and directors of relevant state agencies have recognized "a crisis situation both here and nationally" that necessitates diligent application of a philosophy that puts "Families First" and that requires "work in concert with families and local communities to ensure the best services for children and their families"; and

Whereas, the General Assembly on May 5, 1992, affirmed its support for the Convention on the Rights of the Child, as adopted by the United Nations General Assembly on November 20, 1989, and urged state agencies to ensure that their programs achieve the goals of the convention; and

Whereas, the convention on the Rights of the Child, now ratified by most nations of the world, affirms "that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love, and understanding"; and

Whereas, the convention further declares "that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community"; and

Whereas, the Institute for Families in Society of the University of South Carolina has convened a distinguished group of scholars, diplomats, public officials, and administrators of nongovernmental organizations from around the world to study the meaning of the right to a family environment under the convention; and

Whereas, the institute has acted in collaboration with the Columbia World Affairs Council, the Medical University of South Carolina, the Alliance for South Carolina's Children, and the National Consortium on Children, Families, and the Law; and

Whereas, the institute's distinguished guests have contributed their expertise to assist legislators, agency administrators, human service professionals, faculty, students, and concerned citizens as they plan implementation of the principles of the Convention on the Rights of the Child in South Carolina. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, urges all agencies in South Carolina, especially those concerned with housing, nutrition, education, protection, health and mental health care, recreation, and economic opportunity for children and families, to use the International Year of the Family and the International Day of Families as opportunities to learn about the challenges facing families in South Carolina and around the world, to strengthen the agencies' commitment to support families in their role as the natural environment for the growth and well-being of all people, especially children, and to plan and implement programs to assist the state's communities in support for the families within them.

Be it further resolved that the General Assembly urges civic, religious, education, and local government leaders to observe the International Year of the Family and the International Day of Families and to use those observances as opportunities to strengthen communities' commitment to support the families within them.

Be it further resolved that the General Assembly recognizes the support that the Institute for Families in Society of the University of South Carolina is giving to the General Assembly and state and local agencies in the implementation of the Convention on the Rights of the Child in South Carolina.

Be it further resolved that the General Assembly welcomes the institute's distinguished visitors to South Carolina, thanks them for their assistance, and honors their work to enhance the welfare of the world's children and families.

Be it further resolved that a copy of this resolution be published in the next issue of the State Register.

Referred to the General Committee.

H. 4033 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTIONS 16-3-740 AND 16-15-255, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING OF CERTAIN CONVICTED SEX OFFENDERS, SO AS TO INCLUDE ADJUDICATED JUVENILE SEX OFFENDERS, TO REQUIRE THESE TESTS BE CONDUCTED UPON REQUEST OF THE VICTIM RATHER THAN WHEN A VICTIM IS EXPOSED TO BODY FLUIDS, TO REQUIRE THE SOLICITOR TO PROVIDE TEST RESULTS TO THE PARENTS OF A VICTIM WHO IS A MINOR OR MENTALLY RETARDED OR MENTALLY INCAPACITATED, TO REQUIRE THE SOLICITOR TO PROVIDE THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT OF YOUTH SERVICES WITH POSITIVE HIV TEST RESULTS FOR THE SOLE PURPOSE OF PROVIDING TREATMENT AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE COUNSELING TO THESE OFFENDERS WHO TEST POSITIVELY FOR HIV.

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

H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES.

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

H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.

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

H. 4814 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138 SO AS TO ESTABLISH A NO WAKE ZONE IN CHARLESTON COUNTY.

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

H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.

Read the first time and on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.

H. 4966 -- Reps. Barber, Worley, Harrelson, Keyserling, Inabinett, G. Bailey, Richardson, Fulmer, Holt, A. Young, J. Bailey, Witherspoon, Breeland, Waites and Kelley: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA COASTAL FUTURES PLANNING ACT OF 1994; TO ESTABLISH THE SOUTH CAROLINA COASTAL FUTURES TASK FORCE AND TO PROVIDE FOR ITS MEMBERSHIP, PURPOSE, POWERS, DUTIES, AND DISSOLUTION.

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

H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod, and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER 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.

H. 4971 -- Reps. Hallman, Walker, Simrill, Harrell, Beatty, Moody-Lawrence, Robinson, Trotter, Graham, Stuart, D. Wilder, Phillips, Marchbanks, McTeer, Holt, J. Bailey, Fair, Wells, Davenport, J. Wilder, Gamble and Kirsh: A JOINT RESOLUTION TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1993-94 APPROPRIATIONS FOR THE EDUCATION FINANCE ACT TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS.

Read the first time and on motion of Senator RICHTER, with unanimous consent, ordered placed on the Calendar without reference.

H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5030 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE 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 referred to the Committee on Medical Affairs.

H. 5078 -- Reps. Cato, Mattos, Clyborne, Vaughn, Baker, Wilkins, Anderson, McMahand, Haskins, Fair and Jaskwhich: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AS TO WHETHER OR NOT THE SCHOOL DISTRICT OF GREENVILLE COUNTY SHOULD BE SUBDIVIDED INTO NOT LESS THAN THREE NOR MORE THAN FIVE SEPARATE SCHOOL DISTRICTS IF A MAJORITY OF THE ELECTORS OF THE DISTRICT AT A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1994 GENERAL ELECTION VOTE IN FAVOR OF ESTABLISHING THE TASK FORCE.

Read the first time and on motion of Senator STILWELL, with unanimous consent, ordered referred to the Greenville Delegation.

Senator CORK from the Committee on Judiciary submitted a majority favorable with amendment and Senator WILSON a minority unfavorable report on:

S. 1019 -- Senators Reese and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT LEVY A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY EXCEPT WHERE AUTHORIZED SPECIFICALLY BY GENERAL LAW.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation polled out S. 1254 with no report:

S. 1254 -- Senator Greg Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2155 SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE CHARLESTON COUNTY AND GEORGETOWN COUNTY PILOTAGE COMMISSIONS.

Land Leventis Mitchell
Patterson O'Dell Passailaigue
Rose Courtney Elliott
Lander Rankin Richter

Williams Leatherman Wilson
Russell Ryberg

Senator GREG SMITH asked unanimous consent to give the Bill a second reading today and ordered that it receive a third reading on Friday, April 29, 1994.

There was no objection.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

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

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

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

The Judiciary Committee proposed the following amendment (JUD4323.003), which was adopted:

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

/SECTION 1. Section 16-1-20(B) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Section Sections 16-1-90 and 16-1-100 unless the offense refers to a mandatory minimum sentence or the offense prohibits suspension of any part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."

SECTION 2. Section 16-1-57 of the 1976 Code, as added by Act 184 of 1993, is amended to read:

"Section 16-1-57. A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense, for such violation involving the value of property in an equal or greater amount, be fined, imprisoned, or both based upon the classification above the punishment provided for the principal offense be punished as prescribed for a Class E felony."

SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-1-60. (A) For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330); drug trafficking as defined in Section Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); burglary in the first degree (Section 16-11-311); and burglary in the second degree (Section 16-11-312(B)), engaging a child for a sexual performance (16-3-810); accessory before the fact to commit any of the above offenses (16-1-40); and attempt to commit any of the above offenses (16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses.

(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime."

SECTION 4. Section 16-11-330 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon must be imprisoned not for a mandatory minimum term of not less than ten years nor more than thirty years, no part of which may be suspended or probation granted. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.

(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.

(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).

(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon must be imprisoned not more than twenty years."

SECTION 5. Section 16-13-10 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-13-10. (A) It is unlawful for a person to:

(1) falsely make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully act or assist in the false making, forging, or counterfeiting of any writing or instrument of writing;

(2) utter or publish as true any false, forged, or counterfeited writing or instrument of writing;

(3) falsely make, forge, counterfeit, alter, change, deface, or erase; or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any record or plat of land; or

(4) willingly act or assist in any of the premises, with an intention to defraud any person.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the amount of the forgery is five thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than five thousand dollars. but more than one thousand dollars;

(3) misdemeanor triable in magistrate's court if the amount of the forgery is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."

SECTION 6. Section 16-13-210 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-13-210. It is unlawful for an officer or other person charged with the safekeeping, transfer, and disbursement of public funds to embezzle these funds. A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of the embezzlement, and imprisoned not more than ten years if the amount of the embezzled funds is five thousand dollars or more;

(2) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of embezzlement, and imprisoned not more than five years if the amount of the embezzled funds is more than one thousand dollars but less than five thousand dollars;

(3) misdemeanor triable in magistrate's court if the amount of the embezzled funds is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

The person convicted of a felony is disqualified from holding any office of honor or emolument in this State; but the General Assembly, by a two-thirds vote, may remove this disability upon payment in full of the principal and interest of the sum embezzled."

SECTION 7. Section 16-13-385 of the 1976 Code, as last amended by Section 176, Act 184 of 1993, is further amended to read:

"Section 16-13-385. (A) It is unlawful for a an unauthorized person to alter, tamper with, or bypass a meter which has been installed for the purpose of measuring the use of electricity, gas, or water.

A meter found in a condition which would cause electricity, gas, or water to be diverted from the recording apparatus of the meter or to cause the meter to inaccurately measure the use of electricity, gas, or water or the attachment to a meter or distribution wire of any device, mechanism, or wire which would permit the use of unmetered electricity, gas, or water or would cause a meter to inaccurately measure the use is prima facie evidence that the person in whose name the meter was installed or the person for whose benefit electricity, gas, or water was diverted caused the electricity, gas, or water to be diverted from going through the meter or the meter to inaccurately measure the use of the electricity, gas, or water.

(B) A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than one five hundred dollars or imprisoned not more than thirty days. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both."

SECTION 8. Section 16-13-425 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-13-425. A person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of:

(1) petit larceny if the dollar amount of the video or cassette tape lease or rental agreement is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned as provided for petit larceny;

(2) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not less more than five years, or both, if the dollar amount of the video or cassette tape lease or rental agreement is more than one thousand dollars but less than five thousand dollars;

(3) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the original dollar amount of the video or cassette tape lease or rental agreement is five thousand dollars or more."

SECTION 9. Section 16-14-20 of the 1976 Code is amended to read:

"Section 16-14-20. (a) A person is guilty of financial transaction card theft when he:

(1) He takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder;

(2) He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, or to sell it, or to transfer it to a person other than the issuer or the cardholder;

(3) He, is not being the issuer, and sells a financial transaction card or buys a financial transaction card from a person other than the issuer;

(4) He, is not being the issuer, and during any twelve-month period, receives financial transaction cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and Section 16-14-60(a)(3) and subdivision (3) of subsection (a) of this section.

(b) Taking, obtaining or withholding a financial transaction card without consent is included in conduct defined as grand larceny.

Conviction of A person who commits financial transaction card theft is punishable as provided in Section 16-14-100(b) guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(b)."

SECTION 10. Section 16-14-40(e) of the 1976 Code, as added by Act 184 of 1993, is amended to read:

"(e) A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both."

SECTION 11. Section 16-14-60 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-14-60. (a) A person is guilty of financial transaction card fraud when, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, he:

(1) uses for the purpose of obtaining money, goods, services, or anything else of value a financial transaction card obtained or retained, or which was received with knowledge that it was obtained or retained, in violation of Sections 16-14-20 or 16-14-40 or a financial transaction card which he knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of Section 16-14-40(c);

(2) obtains money, goods, services, or anything else of value by:

a. representing without the consent of the specified cardholder that he has permission to use it;

b. presenting the financial transaction card without the authorization or permission of the cardholder;

c. representing that he is the holder of a card and the card has not in fact been issued;

d. using a financial transaction card to knowingly and wilfully exceed:

(i) the actual balance of a demand deposit account or time deposit account;

(ii) an authorized credit line in an amount which exceeds the authorized credit line by five hundred dollars or fifty percent of the authorized credit line, whichever is greater, if the cardholder has not paid to the issuer of the financial transaction card the total amount of the excess over the authorized credit line within ten days after notice to the cardholder by certified mail to the last known address that the credit line has been exceeded. Failure to pay the amount in excess of the authorized credit line after the notice, is prima facie evidence of an intent to defraud;

(3) obtains control over a financial transaction card as security for debt;

(4) deposits into his account or any account, by means of an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document not his lawful or legal property;

(5) receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other document having been deposited into an account by means of an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document deposited was false, fictitious, forged, altered, or counterfeit or that the above deposited item was not his lawful or legal property.

A person who violates the provisions of this subsection except subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, a person is guilty of a felony and, upon conviction, a person must be fined not less than three thousand dollars or more than five thousand dollars or imprisoned not more than three five years, or both.

A person who violates the provisions of subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder, or any agent or employee of such person is guilty of a financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he:

(1) furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Section 16-14-20, or a financial transaction card which he knows is forged, expired, or revoked;

(2) fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished.

A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, if the value of all money, goods, services, and other things of value furnished in violation of this section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed five hundred dollars in any six-month period. If the value exceeds five hundred dollars in a six-month period, then, a person is guilty of a felony and, upon conviction, a person must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both.

(c) A person is guilty of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, financial condition, assets, or liabilities; or wilfully and substantially overvalues any assets, or wilfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. A person who violates the provision provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(d) A cardholder is guilty of financial transaction card fraud when he wilfully, knowingly, and with an intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, submits, verbally or in writing, to the issuer or any other person, any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

(e) In any prosecution for violation of Section 16-14-60, the State is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this State or within one city, county, or local jurisdiction.

(f) For purposes of this section, revocation is construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card or personal identification code was issued. Notice of revocation is immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to the person at his last address known to the issuer, is prima facie evidence that the notice was duly received after seven days from the date of the deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice is presumed to have been received ten days after mailing by registered or certified mail.

(g) (1) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any employee of that person, who presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by that person or employee, violates this subsection and is guilty of a misdemeanor, felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both.

(2) A person without the acquirer's express authorization, employs, or solicits authorized merchants, or any agent or employee of the merchant, to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by the merchant, his agent, or employee, is guilty of a felony and, upon conviction, is punishable as provided in Section 16-14-100(b)."

SECTION 12. Section 16-14-70 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-14-70. (A) A person is guilty of criminal possession of financial transaction card forgery devices when:

(1) he is a person other than the cardholder and possesses two or more incomplete financial transaction cards, with intent to complete them without the consent of the issuer;

(2) he possesses, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be financial transaction cards of an issuer who has not consented to the preparation of such financial transaction cards.

(B) A financial transaction card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the financial transaction card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, encoded, or written upon it.

A person who violates the provisions of this section is guilty of a misdemeanor felony and, upon conviction, must be fined not less than three thousand dollars nor more than five thousand dollars or imprisoned not more than three five years, or both."

SECTION 13. Section 16-15-305(H) of the 1976 Code, as added by Act 168 of 1987, is amended to read:

"(H) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than three five years or fined not more than ten thousand dollars, or both."

SECTION 14. Chapter 25, Title 16 of the 1976 Code is amended by adding:

"Section 16-25-90. Notwithstanding any provisions of Chapter 21 of Title 24, and notwithstanding any other provisions of law, an inmate shall be eligible for parole after serving one-fourth of his prison term when the inmate at the time he pled guilty to, nolo contendere to, or was convicted of an offense against his spouse presented credible evidence of a history of criminal domestic violence, as provided in Section 16-25-20, suffered at the hands of the spouse."

SECTION 15. The 1976 Code is amended by adding:

"Section 17-23-170. (A) Evidence that the actor was suffering from the battered spouse syndrome is admissible in a criminal action on the issue of whether the actor lawfully acted in self-defense, defense of another, defense of necessity, or defense of duress. This section does not preclude the admission of testimony on battered spouse syndrome in other criminal actions. This testimony is not admissible when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.

(B) Expert opinion testimony on the battered spouse syndrome shall not be considered a new scientific technique the reliability of which is unproven.

(C) Lay testimony as to the actions of the batterer and how those actions contributed to the facts underlying the basis of the criminal charge shall not be precluded as irrelevant or immaterial if it is used to establish the foundation for evidence on the battered spouse syndrome.

(D) The foundation shall be sufficient for the admission of testimony on the battered spouse syndrome if the proponent of the evidence establishes its relevancy and the proper qualifications of the witness.

(E) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice with the court before trial."

SECTION 16. Section 22-3-545(A) of the 1976 Code, as last amended by Act 174 of 1993, is further amended to read:

"(A) Notwithstanding the provisions of Sections 22-3-540 and 22-3-550 and effective from July 1, 1993, until July 1, 1994, a criminal case, the penalty for which the crime in the case does not exceed five thousand dollars or one-year imprisonment, or both, may be transferred from general sessions court if the provisions of this section are followed."

SECTION 17. The last three paragraphs of Section 44-53-370(e) of the 1976 Code, as last amended by Act 184 of 1993, are further amended to read:

"Sentences for a violation of the provisions of this subsection may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710. Notwithstanding Section 44-53-420, any a person convicted of conspiracy pursuant to this subsection must be sentenced as provided herein in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.

The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.

The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection."

SECTION 18. Section 44-53-375(D) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710."

SECTION 19. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed after the effective date of this act. The provisions of this act apply prospectively to all sentences pronounced on or after the effective date of this act, except where a penalty greater than the one in effect on the date the offense was committed would be required. Notwithstanding the provisions of this section, Section 16-1-60 applies retroactively and prospectively.

SECTION 20. Chapter 25 of Title 2 of the 1976 Code is repealed.

SECTION 21. This act takes effect upon approval by the Governor./.

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senator HOLLAND asked unanimous consent to give the Bill a second reading with notice of general amendments.

There was no objection.

Senator HOLLAND asked unanimous consent to make a motion that the Bill be made a Special Order.

The Bill was made a Special Order.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

H. 4511 -- Reps. Snow and D. Smith: A BILL TO PROVIDE THAT AN ASSIGNMENT OF A MORTGAGE GIVEN TO A FARM CREDIT SYSTEM INSTITUTION NEED NOT BE RECORDED IN ORDER TO PERFECT THE ASSIGNMENT IF THE UNDERLYING NOTE HAS BEEN ASSIGNED OR TRANSFERRED ACCORDING TO STATE LAW AND IS IN THE POSSESSION OF THE ASSIGNEE, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN COLLATERAL ASSIGNMENTS OF NOTES AND MORTGAGES ARE VALID, ENFORCEABLE, AND PERFECTED.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

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.

Ordered for consideration tomorrow.

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

The House returned the Bill with amendments.

On motion of Senator WASHINGTON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody-Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.

The House returned the Bill with amendments.

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

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

The following Bill and Joint Resolution 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. 4482 -- Reps. Snow, Riser and Law: A BILL TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES, LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.

H. 5002 -- 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.

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

S. 1357 -- Senators Leventis and Greg Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

S. 1370 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.

S. 1154 -- Senators Lander, Matthews and Setzler: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION OF PUBLIC BUILDINGS FOR ACCESS BY HANDICAPPED PERSONS, SO AS TO ADOPT THE REQUIREMENTS FOR ACCESSIBILITY FOR PEOPLE WITH PHYSICAL DISABILITIES IN THE STANDARD BUILDING CODE AND TO REVISE VARIOUS PROVISIONS IN THIS ARTICLE TO CONFORM; TO REVISE THE EX OFFICIO MEMBERS OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN; TO PROVIDE THAT THE BOARD IS EXEMPT FROM REVIEW UNDER CHAPTER 20, TITLE 1; TO PROVIDE THAT THE BOARD IS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION WHICH MUST PROVIDE CERTAIN SERVICES AND FACILITIES; TO AUTHORIZE THE BOARD TO DELEGATE ENFORCEMENT TO COUNTY BUILDING OFFICIALS OR TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AUTHORIZE A PERSON WHO IS DEPRIVED OF RIGHTS UNDER THIS CHAPTER TO SEEK AN INJUNCTION; AND TO AMEND SECTION 1-20-50, AS AMENDED, RELATING TO DATES FOR TERMINATION OF CERTAIN BOARDS UNDER REVIEW BY THE REORGANIZATION COMMISSION, SO AS TO DELETE THE BOARD FOR BARRIER-FREE DESIGN.

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

Senator LANDER proposed the following amendment (CYY\16130AC.94), which was adopted:

Amend the bill, as and if amended, Section 10-5-220(B), by adding an appropriately numbered item to read:

/( ) `alteration' means a change to a governmental or public building that affects the usability of the building or any part of the building./

Amend the bill, further by deleting Section 10-5-230(B) and inserting:

/(B) The Board for Barrier-Free Design is exempt from review under Chapter 20, Title 1./

Amend further, Section 10-5-253, by adding at the end:

/In addition, all provisions of Titles II and III of the Americans with Disabilities Act are adopted. In the event of conflict between the provisions of the Americans with Disabilities Act and this chapter, the more stringent requirement shall govern./

Amend further, by deleting Section 10-5-270 and inserting:

/Section 10-5-270. The board may waive or modify any part of the standards and the specifications established pursuant to this article upon request, on a case by case basis, if the board determines:

(a) the purpose of this article can be fulfilled by an acceptable alternative to the particular standard;

(b) the incremental construction cost to conform to the standards exceeds seven percent of the total construction or renovation cost;

(c) occupancy and employment practices would generally exclude the use of a structure by handicapped persons due to hazards and employment requirements;

(d) usage or size of structures would have minimal impact in facilitating the handicapped; or

(e) the building involved is identified or classified by national or state jurisdictions as an `historic building' in which case no more than one accessible entrance may be required except that no accessible entrance may be required for so-called museum houses.

In areas of the State where building codes have been adopted and Building Boards of Adjustments and Appeals established to review construction related cases, these boards may carry out their normal function concerning code requirements for facilities for the handicapped. These Building Boards of Adjustments and Appeals shall consist of at least five members, including one architect, one engineer, one member at large from the building industry, one building contractor, and one member at large from the public. Should the Board for Barrier-Free Design determine that barrier-free design regulations are not being adequately enforced in any jurisdiction the board may withdraw the authority of that jurisdiction to make waivers or modifications and require that requests for these exceptions must thereafter be referred to the Board for Barrier-Free Design.

In areas of the State where there is no Building Board of Adjustments and Appeals, constituted as required by this section, all requests for waiver or modification must be submitted to the Board for Barrier-Free Design. However, the board may delegate authority to grant waiver of standards and specifications to local authorities, state officials, and municipal or county boards as it considers necessary and proper. Appeals from the decisions of the authorities listed above may be made to the Board for Barrier-Free Design.

If the Board for Barrier-Free Design denies a request for waiver or modification of the standards and specifications it shall notify the person or governmental entity requesting the waiver. Board action which denies a waiver or modification application may be appealed to an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1.

(A) The construction or alteration of a governmental building must be made in compliance with the standards and regulations adopted pursuant to this chapter unless undertaking compliance would result in an undue burden to the entity or individual who is responsible for the affected structure. As used in this section, `undue burden' means significant difficulty or expense.

(B) The construction or alteration of a public building must be made in compliance with the standards and regulations adopted pursuant to this chapter unless undertaking compliance is not readily achievable for the entity or individual who is responsible for the affected structure. As used in this section, `readily achievable' means easily accomplishable and able to be carried out without much difficulty or expense.

(C) In determining whether compliance would result in an undue burden or whether compliance is not readily achievable, additional factors to be considered include:

(1) the nature and cost of the compliance required under this chapter;

(2) the overall financial resources of the site or sites involved in the required compliance; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the compliance upon the operation of the site;

(3) the geographic separateness and the administrative or fiscal relationship of the site or sites in question to a parent corporation or entity;

(4) if applicable, the overall financial resources of a parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

(5) if applicable, the type of operation or operations of a parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity./

Renumber sections to conform.

Amend title to conform.

Senator LANDER explained the amendment.

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

S. 1296 -- Senators Jackson and Matthews: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.

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

Senator MARTIN proposed the following amendment (MARTIN.010), which was adopted:

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

/SECTION 1. Section 56-10-270(c) of the 1976 Code is amended to read:

"(c) Any person whose license plates and registration certificates which are suspended as provided in this section, which are not suspended for any other reason, may have them immediately restored, if he files proof of financial responsibility with the department. The administrative suspension that occurs as a result of a lapse of automobile insurance coverage does not require proof of financial responsibility, as required by Section 56-9-500, or thirty day suspension if there has not been a previous violation for operation of uninsured vehicle within the past three years or if the person was not driving under suspension."

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

Amend title to conform.

Senator MARTIN explained the amendment.

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

S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".

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

Senators MARTIN and STILWELL proposed the following amendment (1358.001), which was adopted:

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

/SECTION 1. Subarticle 6, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:

Section 20-7-1200. To be enforced pursuant to this part of Subarticle 6, a court order which requires a parent to provide health coverage for a child must:

(1) clearly specify:

(a) the name, social security number, and last known mailing address, if any, of the parent and the name, social security number, date of birth, and mailing address of each child covered by the order;

(b) a reasonable description of the type of coverage to be provided by the plan to each child or the manner in which the type of coverage is to be determined;

(c) the period to which the order applies;

(d) each plan to which the order applies; and

(2) not require a plan to provide a type or form of benefit or an option, not otherwise provided under the plan, except to the extent necessary to meet the requirements of this part of Subarticle 6.

Section 20-7-1210. If a court order requiring a parent to provide health coverage to a child is received by an employer or a health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20:

(1) the employer or health insurer promptly shall notify the parent and each child of the receipt of the order and the employer's or insurer's procedures for determining whether the order is covered by this part of Subarticle 6;

(2) within a reasonable period after receipt of the order, the employer or insurer shall determine whether the order is covered by this part of Subarticle 6 and notify the parent and each child of the determination;

(3) shall establish reasonable procedures to determine whether the order is covered by this part of Subarticle 6 and to administer the provision of benefits under qualified orders. The procedures must:

(a) be in writing;

(b) provide for the notification of each person specified in the order as eligible to receive benefits, at the address included in the order, of these procedures promptly upon receipt by the employer or insurer of the order; and

(c) permit the court or the child's legal guardian to designate a representative for receipt of copies of notices that are sent with respect to a medical child support order.

Section 20-7-1220. (A) If a parent is required by a court order to provide health coverage for a child and the parent is eligible for family health coverage through an employer in this State, notice and a copy of the order must be sent to the employer. The notice and copy of the order may be sent by first class mail. The notice must explain all of the employer's legal obligations under this part of Subarticle 6. Upon receipt of notice and the order, the employer shall:

(1) permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;

(2) if the parent is enrolled but fails to make application to obtain coverage for the child, enroll the child under family coverage upon application of:

(a) the child's other parent;

(b) the state agency administering the Medicaid program; or

(c) the state agency administering 42 U.S.C. Sections 651 to 669, the child support enforcement program; and

(3) continue coverage of the child unless the employer:

(a) is provided satisfactory written evidence that the court order is no longer in effect or that the child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment; or

(b) has eliminated family health coverage for all of its employees.

(B) An employer who has received a copy of a court order pursuant to this section is bound by the order until further notice by the court. The employer shall notify the court within twenty days after the parent named in the order is no longer employed and shall provide the parent's last known address and the name and address of the parent's new employer, if known.

Section 20-7-1230. If a court order requires a parent to provide and maintain health coverage for a child and the parent is eligible for family health coverage through an employer, the order shall include a provision directing the employer to withhold from money, income, or periodic earnings due the parent an amount which is sufficient to provide for premiums for the health coverage offered through the employer unless:

(1) the court finds that under regulations promulgated by the Secretary of the Department of Health and Human Services, circumstances exist warranting withholding less than the employee's share of the premiums; or

(2) the amount withheld exceeds the maximum amount permitted to be withheld under the federal Consumer Credit Protection Act.

Income withholding takes effect immediately upon completion of enrollment requirements.

Section 20-7-1240. To the extent necessary to reimburse the state agency administering the Medicaid program for expenditures on behalf of a child, the agency may petition the court seeking withholding of employment income or State tax refunds from a person who:

(1) is required by a court order to provide and maintain health coverage for a child who is eligible for medical assistance under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act;

(2) has received payment from a third party for the costs of health care items or services; and

(3) has not used the payment to reimburse, as appropriate, either the other parent or guardian of the child or the provider of the items or services.

Claims for current or past due child support take priority over claims filed pursuant to this section.

Section 20-7-1250. (A) A court order which requires income withholding pursuant to this part of Subarticle 6 has priority over all other legal processes under state law against money, income, or periodic earnings of the noncustodial parent except an order of income withholding for child support.

(B) A person under a court order to provide and maintain health care coverage as of July 1, 1994, is subject to the income withholding for health coverage provisions of this part of Subarticle 6. The only ground to contest an order of income withholding for health coverage is a mistake of fact. If the person contests the withholding because of a mistake of fact, the court shall provide the person an opportunity to present his or her case. The court shall determine whether to order withholding and shall notify the person of the determination and, if appropriate, the time period in which withholding will commence.

Section 20-7-1260. Within thirty days after receipt of an order requiring the obligated parent to provide health care coverage for a child, the parent or employer must provide the child's other parent written proof that the insurance has been obtained or that an application for insurance has been made. Proof of insurance coverage consists of, at a minimum:

(1) the name of the insurer;

(2) the policy number;

(3) an insurance card;

(4) the address to which claims must be mailed;

(5) a description of any restriction on usage including, but not limited to, prior approval for hospital admission and the manner in which to obtain prior approval;

(6) description of all deductibles;

(7) five copies of claim forms.

Section 20-7-1270. An employer is prohibited from discharging, refusing to employ, or taking other disciplinary action against a person because of an income withholding order for health coverage. The person has the burden of proving that income withholding for health coverage was the sole reason for the employer's action.

Section 20-7-1280. An employer or insurer who violates any provision of this part of Subarticle 6 is subject to the contempt power of the court issuing the order and may be fined up to fifty dollars per day."

SECTION 2. The 1976 Code is amended by adding:

"Section 38-71-143. (A) If an individual or group health plan provides coverage for dependent children of participants or beneficiaries, the plan shall provide benefits to dependent children placed with participants or beneficiaries for adoption under the same terms and conditions as apply to the natural, dependent children of the participants and beneficiaries, irrespective of whether the adoption has become final.

(B) A group health plan may not restrict coverage under the plan of a dependent child adopted by a participant or beneficiary or placed with a participant or beneficiary for adoption solely on the basis of a preexisting condition of the child at the time that the child would otherwise become eligible for coverage under the plan, if the adoption or placement for adoption occurs while the participant or beneficiary is eligible for coverage under the plan.

(C) For the purposes of this section:

(1) `child' means, in connection with an adoption or placement for adoption of the child, an individual who has not attained age eighteen as of the date of the adoption or placement for adoption;

(2) `placement for adoption' means the assumption and retention by a person of a legal obligation for total or partial support of a child in anticipation of the adoption of the child. The child's placement with a person terminates upon the termination of the legal obligations."

SECTION 3. The 1976 Code is amended by adding:

"Section 38-71-245. No health insurer, including a group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20, may deny enrollment of a child under the health plan of the child's parent on the grounds that the child:

(1) was born out of wedlock;

(2) is not claimed as a dependent on the parent's federal tax return; or

(3) does not reside with the parent or in the insurer's service area.

Section 38-71-250. If, pursuant to a court order which meets the specifications of Section 20-7-1200, a parent is required to provide health coverage for a child and the parent is eligible for family health coverage through a health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20, the insurer shall:

(1) permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;

(2) if the parent is enrolled but fails to make application to obtain coverage for the child, enroll the child under family coverage upon application of:

(a) the child's other parent;

(b) the state agency administering the Medicaid program; or

(c) the state agency administering 42 U.S.C. Sections 651 to 669, the child support enforcement program; and

(3) continue coverage of the child unless the insurer is provided satisfactory written evidence that the:

(a) court order is no longer in effect;

(b) child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment; or

(c) employer has eliminated family health coverage for all of its employees.

Section 38-71-255. A health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20, may not impose requirements on a state agency, which has been assigned the rights of an individual eligible for medical assistance under Medicaid who is also covered under a plan issued by the health insurer, that are different from requirements applicable to an agent or assignee of any other individual so covered.

Section 38-71-260. If a child has health coverage through the health insurer including a group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20, of a noncustodial parent, the insurer shall:

(1) provide information to the custodial parent as may be necessary for the child to obtain benefits through that coverage;

(2) permit the custodial parent or the health care provider, with the custodial parent's approval, to submit claims for covered services without the approval of the noncustodial parent; and

(3) make payments on claims submitted in accordance with item (2) directly to the custodial parent, the provider, or the state Medicaid agency.

Section 38-71-265. (A) In enrolling a person or in making any payments for benefits to a person or on behalf of a person, no health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20, may take into account that the person is eligible for or is provided medical assistance under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act.

(B) In a case where a health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20, has a legal liability to make payments for medical assistance to or on behalf of a person, to the extent that payment has been made under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act for health care items or services furnished to the person, the State is considered to have acquired the rights of the person to the payment for the health care items or services."

SECTION 4. The 1976 Code is amended by adding:

"Section 43-7-460(A). The State Health and Human Services Finance Commission shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who:

(1) at the time of death was an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution if the individual is required, as a condition of receiving services in the facility under the state plan, to spend for costs of medical care all but a minimal amount of the person's income required for personal needs; or

(2) was fifty-five years of age or older when the individual received medical assistance consisting of any item or service provided under the state plan.

(B) Recovery under this section may be made only after the death of the decedent's surviving spouse, if any, and only at a time when the decedent has no surviving child under age twenty-one or no child who is blind or permanently and totally disabled as defined in Title XVI of the Social Security Act.

(C) This section may be waived by the commission upon proof of undue hardship as established by the Secretary of Health and Human Services pursuant to 42 U.S.C. 1396p(b)(3).

(D) Recovery of medical assistance payments under this section applies to medical assistance paid after June 30, 1994.

(E) Claims against an estate under this section have priority as established in Section 62-3-805(a)(2)(ii).

(F) For purposes of this section:

(1) `estate' means all real and personal property and other assets included within the individual's estate as defined in Section 62-1-201(11);

(2) the `state plan' means Title XIX State Plan for Medical Assistance in effect at the decedent's death."

SECTION 5. Section 43-7-410(F) of the 1976 Code is amended to read:

"(F) `Private insurer' means:

(1) any a commercial insurance company offering health or casualty insurance to individuals or groups, (including both experienced-rated contracts and indemnity contracts);

(2) any a profit or nonprofit prepaid plan offering either medical services or full or partial payment for the diagnosis or treatment of an injury, disease, or disability; or

(3) any an organization administering health or casualty insurance plans for professional associations, unions, fraternal groups, employer-employee benefit plans, and any similar organization offering these plans or services, including self-insured and self-funded plans.; or

(4) a group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, a service benefit plan, or a health maintenance organization."

SECTION 6. Section 43-7-440(C) of the 1976 Code is amended by adding at the end:

"In enrolling a person or in making payments for benefits to a person or on behalf of a person, no private insurer may take into account that the person is eligible for or is provided medical assistance under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act."

SECTION 7. Section 43-7-440(D) of the 1976 Code is amended by adding at the end:

"In a case where a third party has a legal liability to make payments for medical assistance to or on behalf of a person, to the extent that payment has been made under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act for health care items or services furnished to the person, the State is considered to have acquired the rights of the person to payment by any other party for the health care items or services."

SECTION 8. Section 62-3-805(a) of the 1976 Code is amended to read:

"(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(1) costs and expenses of administration, including attorney's fees, and reasonable funeral expenses;

(2)(i) reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him the decedent;

(ii) medical assistance paid under Title XIX State Plan for Medical Assistance as provided for in Section 43-7-460;

(3) debts and taxes with preference under federal law;

(4) debts and taxes with preference under other laws of this State, in the order of their priority;

(5) all other claims."

SECTION 9. As of July 1, 1995, references to the Health and Human Services Finance Commission as contained in this act mean the State Department of Health and Human Services and the Code Commissioner is directed to change these references in the 1976 Code subject to the availability of funds.

SECTION 10. Sections 20-7-1315 through 20-7-1329 are designated as Part II, Subarticle 6, Article 9, Chapter 7, Title 20, entitled "Income Withholding to Enforce Support Obligations and Subarticle 6, Article 9, Chapter 7, Title 20, is renamed "Income Withholding".

SECTION 11. This act takes effect upon approval by the Governor./ Amend title to conform.

Senators MARTIN and STILWELL explained the amendment.

Senator LEATHERMAN spoke on the Bill.

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

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

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.

Senator WILLIAMS explained the Bill.

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.

Senator COURTNEY explained the Bill.

H. 4659 -- Reps. Hodges, Gonzales, Cromer and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 68 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS.

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

The Judiciary Committee proposed the following amendment (JUD4659.001), which was carried over:

Amend the bill, as and if amended, page 15, beginning on line 8, by striking SECTION 23 in its entirety and inserting therein the following:

/SECTION 23. Regardless of when the costs, fees, fines, penalties, forfeitures, other revenues, and assessments were imposed, if the revenue from these costs, fees, fines, penalties, forfeitures, other revenues, and assessments is received by the State Treasurer beginning on January 1, 1995, then it must be disbursed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208.

SECTION 24. Upon approval by the Governor this act takes effect January 1, 1995./

Amend title to conform.

Senators COURTNEY, WILSON and STILWELL spoke on 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, carrying over all amendments.

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

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.

On motion of Senator GREGORY, H. 5032 was ordered to receive a third reading on Friday, April 29, 1994.

S. 1348 -- Senator Gregory: A BILL TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION 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.

On motion of Senator GREGORY, S. 1348 was ordered to receive a third reading on Friday, April 29, 1994.

S. 764 -- Senators Land and Mitchell: A BILL TO AMEND SECTION 20-7-2115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE AFTERCARE PROGRAMS, SO AS TO PROVIDE THAT THE JUVENILE PAROLE BOARD IS INDEPENDENT OF THE COMMISSIONER FOR DEPARTMENT OF YOUTH SERVICES.

Senator BRYAN explained the Bill.

On motion of Senator BRYAN, S. 764 was ordered to receive a third reading on Friday, April 29, 1994.

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.

Senator SHORT explained the Bill.

S. 1344 -- Senators Greg Smith and Rankin: A BILL TO AMEND SECTION 15-39-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDER FOR DISCOVERY OF PROPERTY, SO AS TO ALLOW A MAGISTRATE TO HOLD SUPPLEMENTAL PROCEEDINGS FOR THE COLLECTION OF JUDGMENTS WHERE THE JUDGMENT WAS OBTAINED IN THE SUMMARY COURT AND TO MAKE OTHER TECHNICAL AND GRAMMATICAL CHANGES.

Senator COURTNEY explained the Bill.

On motion of Senator COURTNEY, S. 1344 was ordered to receive a third reading on Friday, April 29, 1994.

S. 1363 -- Senator Drummond: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

Senator COURTNEY explained the Bill.

On motion of Senator COURTNEY, S. 1363 was ordered to receive a third reading on Friday, April 29, 1994.

H. 4347 -- Reps. Neilson, Corning and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1555 SO AS TO ABOLISH THE "TENDER YEARS DOCTRINE" REGARDING THE PREFERENCE FOR AWARDING CUSTODY TO A MOTHER OF A CHILD OF TENDER YEARS.

H. 4749 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO LIABILITY INSURANCE FOR MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1324 -- Senator Mescher: A BILL TO AMEND ARTICLE 9, CHAPTER 25, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF PUBLICATIONS, BY ADDING SECTION 11-25-630 SO AS TO AUTHORIZE READING AND DISCUSSION FROM THE SENATE JOURNAL IN EDUCATIONAL INSTITUTIONS, LIBRARIES, AND PUBLIC BUILDINGS.

Senator MESCHER explained the Bill.

On motion of Senator MESCHER, S. 1324 was ordered to receive a third reading on Friday, April 29, 1994.

S. 530 -- Senator Peeler: A BILL TO AMEND SECTION 3-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEDERAL SURPLUS PROPERTY, SO AS TO AUTHORIZE THE DIVISION OF GENERAL SERVICES TO ENTER INTO AGREEMENTS WITH FEDERAL AGENCIES TO CONDUCT AND DIRECT THE DISPOSAL OF SURPLUS PROPERTY OF THOSE FEDERAL AGENCIES, AND TO PROVIDE THAT NO OTHER STATE OR LOCAL AGENCY MAY PERFORM THIS FUNCTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-35-715 SO AS TO REQUIRE ALL STATE GOVERNMENTAL BODIES TO COMPLY WITH PROVISIONS OF LAW REQUIRING THE USE OF THE DIVISION OF GENERAL SERVICES WHEN DISPOSING OF SURPLUS PROPERTY REGARDLESS OF OTHER EXEMPTIONS WHICH HAVE BEEN GRANTED TO THE CONSOLIDATED PROCUREMENT CODE; TO AMEND SECTION 11-35-3820, RELATING TO THE ALLOCATION OF THE PROCEEDS OF THE SALE OF SURPLUS PROPERTY, SO AS TO PROVIDE THAT ALL PROCEEDS MUST BE APPLIED TO THE CREDIT OF THE GOVERNMENTAL BODY OWNING THE PROPERTY FOR THE PURCHASE OF LIKE ITEMS; TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO THE SEIZURE, FORFEITURE, AND SALE OF PROPERTY USED IN ILLEGAL DRUG TRANSACTIONS, SO AS TO PROVIDE THAT PUBLIC AUCTIONS OF THIS PROPERTY MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES, AND THE DIVISION OF GENERAL SERVICES MUST BE NOTIFIED ANNUALLY OF THE PROPERTY WHICH HAS BEEN RETAINED BY THE SEIZING AGENCY; TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-115 SO AS TO PROVIDE THAT PUBLIC AUCTIONS OF PERSONAL PROPERTY SEIZED AND FORFEITED TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES AND TO REQUIRE THE DIVISION TO BE NOTIFIED BY THE DEPARTMENT OF CERTAIN PROPERTY RETAINED BY IT FOR ITS OWN USE; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND SALE OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO PROVIDE THAT THE DIVISION OF GENERAL SERVICES ACTING FOR THE DIRECTOR OF THE DEPARTMENT SHALL CONDUCT THE PUBLIC AUCTIONS AT WHICH THIS PROPERTY IS SOLD; AND TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1992-93, SO AS TO DELETE AND REVISE CERTAIN PROVISOS RELATING TO THE SALE OR DISPOSAL OF SURPLUS STATE PROPERTY BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE INFORMATION TECHNOLOGY PROCUREMENT OFFICE SO THAT THESE SALES OR DISPOSALS MUST BE CONDUCTED BY THE DIVISION OF GENERAL SERVICES IN THE MANNER REQUIRED BY LAW.

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

There was no objection.

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

Senator PEELER asked unanimous consent to withdraw the minority report.

There was no objection.

The Finance Committee proposed the following amendment (GJK\20318SD.94), which was adopted:

Amend the bill, as and if amended, by striking Section 3-9-10(f) of the 1976 Code as contained in SECTION 1 and inserting:

/(f) The Division of General Services is authorized to act as clearinghouse of information for the public and private nonprofit institutions, organizations, and agencies referred to in subparagraph item (a) of this section and other institutions eligible to acquire federal excess and surplus personal property, to locate both real and personal property available for acquisition from the United States of America, to ascertain the terms and conditions under which such the property may be obtained, to receive requests from the above-mentioned these institutions, organizations, and agencies and to transmit to them all available information in reference to such the property, and to aid and assist such these institutions, organizations, and agencies in every way possible in the consummation of acquisitions or transactions hereunder.

The Division of General Services is further authorized to enter into agreements with any federal agency pursuant to federal law or authorization whereby the division shall conduct and direct the disposal of excess and surplus property of that agency or the federal government. No other state agency that receives state appropriated funds or local governmental agency or department may perform these functions or enter into agreements to dispose of federal government excess and surplus property./

Amend the bill further, as and if amended, by striking Section 11-35-715 of the 1976 Code, as contained in SECTION 2 and inserting:

/Section 11-35-715. Notwithstanding any other provision of law or the fact that particular state governmental bodies as defined in Section 11-35-310(18) may have been granted certain exceptions from procurement code provisions under Section 11-35-710, all state governmental bodies receiving state appropriated funds on and after the effective date of this section, including the Department of Transportation, must comply with the provisions of Section 11-35-3820 requiring the use of the Division of General Services when disposing of surplus property./

Amend the bill further, as and if amended, in SECTION 4 by adding after /property/ on line 9, page 4, /including cash/.

Amend the bill further, as and if amended, in Section 50-3-115 of the 1976 Code as contained in SECTION 5 by adding a new paragraph at the end of the section to read:

/The provisions of this section requiring the sales of confiscated property to be conducted by the Division of General Services do not apply to perishable goods, commodities, or products seized and confiscated as provided by law./

Amend the bill further, as and if amended, in Section 50-11-740 of the 1976 Code as contained in SECTION 6 by striking the paragraph which begins on line 3, page 6 and inserting:

/The director or his authorized agent acting through the Budget and Control Board Division of General Services as his authorized agent shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. The sale must be conducted by the Division of General Services in the same manner surplus property is sold at public auction under the Consolidated Procurement Code. Upon sale, the director Division of General Services shall pay over the net proceeds, after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the game protection fund. When the device is of greater value than one thousand dollars, the owner may at any time before sale redeem it by paying to the director division the sum of one thousand dollars. When the device is of lesser value than one thousand dollars, the owner may at any time before sale redeem it by paying to the director division the retail market value. The sums received by the director division must be deposited in the game protection fund pursuant to the provisions of this section./

Amend the bill further, as and if amended, by striking SECTION 8 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator PEELER proposed the following amendment (GJK\20865SD.94), which was adopted:

Amend the bill, as and if amended, by striking SECTION 4 and inserting:

/SECTION 4. Section 44-53-530 of the 1976 Code, as last amended by Act 604 of 1990, is amended by adding a new subsection to be appropriately numbered to read:

"( ) Where seized and forfeited property, including cash, held by a state or local law enforcement agency under this section is required to be sold at public auction by the seizing agency, the sale must be conducted by the Budget and Control Board Division of General Services if the property is held by a state law enforcement agency and may be conducted by the Division of General Services if the property is held by a local law enforcement agency. These sales shall be conducted by the Division of General Services in the same manner surplus property is sold at public auction under the Consolidated Procurement Code. The proceeds of such sale after the expenses of sale must be used in the manner required by this section. Where seized and forfeited property under this section is retained by a state law enforcement seizing agency for its own use or the use of another agency, that state agency must provide the Division of General Services before the first day of March of each year with a list of such property retained by it or transferred to another agency during the previous calendar year."/

Renumber sections to conform.

Amend totals and title to conform.

Senator PEELER explained the amendment.

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

On motion of Senator PEELER, S. 530 was ordered to receive a third reading on Friday, April 29, 1994.

S. 959 -- Senators Short and Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 17, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLERKS OF COURT, BY ADDING SECTION 14-17-375 SO AS TO REQUIRE THE CLERKS OF COURT TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS IN EXCESS OF ONE THOUSAND DOLLARS.

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

The Judiciary Committee proposed the following amendment (JUD959.003), which was adopted:

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

/SECTION 1. Article 5, Chapter 5, Title 43 of the 1976 Code is amended by adding:

"Section 43-5-585. The department shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have not made a payment on their child support obligation for two consecutive months.

The department shall establish procedures for notice and an opportunity for a review for obligors who contest the submission to the consumer credit reporting agency. The procedures shall limit the review to a dispute concerning the identity of the obligor or the existence or amount of the arrearage."

SECTION 2. This act takes effect January 1, 1996./.

Amend title to conform.

Senator COURTNEY explained the amendment.

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

On motion of Senator COURTNEY, S. 959 was ordered to receive a third reading on Friday, April 29, 1994.

H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.

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

The PRESIDENT sustained the Point of Order.

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.

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

S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.

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

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

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.

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. 4884 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO TWENTY-FIVE DOLLARS A TON ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.

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

There was no objection.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.

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

Senator HAYES proposed the following Amendment No. 1 (3812R001.RWH), which was adopted:

Amend the bill, as and if amended, page 17, by adding after line 19 the following:

/"Section 39-15-1190. (A) Whoever intentionally traffics or attempts to traffic in goods or services and knowingly uses or should have known a counterfeit mark on or in connection with such goods or services shall be deemed guilty of a misdemeanor, if an individual, be fined not more than five thousand dollars or imprisoned not more than one year, or both, and, if a person other than an individual, be fined not more than twenty thousand dollars.

(B) The term `counterfeit mark' in this section means:

(1) a spurious mark:

(a) that is used in connection with trafficking goods or services;

(b) that is identical with, or substantially indistinguishable from, a mark registered for those goods or services with the Secretary of State under this chapter and in use, whether or not the defendant knew such mark was so registered; and

(c) the use of which is likely to cause confusion, to cause mistake, or to deceive.

(2) `Counterfeit mark' does not include any mark or designation used in connection with goods or services of which the manufacturer or producer was, at the time of the manufacture or production in question authorized to use the mark for designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.

(C) `Traffic' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent so to transport, transfer, or dispose of."/

Amend title to conform.

Senator HAYES explained the amendment.

Senator HAYES moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Senator DRUMMOND moved that when the Senate adjourns next Thursday, May 5, 1994, it stand adjourned to meet on Monday, May 9, 1994, at 9:30 A.M., which motion was adopted.

Senator DRUMMOND moved that when the Senate adjourns on Friday, April 29, 1994, it stand adjourned to meet next Tuesday, May 3, 1994, at 12:00 Noon, which motion was adopted.

At 12:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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