Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 9:30 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT Pro Tempore.

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

Beloved, special times require special thoughts. Hear words recorded in the 9th Chapter of St. Luke (v.62):

"And Jesus said unto him, `No man, having

put his hand to the plough, and looking

back, is fit for the Kingdom of God'."
Let us pray.

Our Father, if we are ever tempted to escape difficult tasks and assignments, help us to remember the words about STEADFASTNESS and LOYALTY in the Kingdom of God.

As the farmer dreams of fruitful crops, we know that there are many things that must precede the harvest. The soil must be thoroughly prepared. The rows must be drawn correctly. The appropriate seed must be sown. Cultivation is done with stamina and patience... all with a full measure of faith.

Help us to see the lesson for us in the words of Jesus, that it is better that we stay on our cots in the shade if we are not prepared to see a difficult task through to the end.

Help us in the Name of the God that has blessed us with "grace upon grace." Amen.

Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Jackson
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

On motion of Senator DRUMMOND, at 9:30 A.M., Senator SALEEBY was granted a leave of absence for today.

At 9:55 A.M., on motion of Senator DRUMMOND, the Senate receded from business subject to the Call of the Chair.

At 10:25 A.M., the Senate resumed.

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

The following was received and referred to the appropriate committee for consideration:

Document No. 1765
Promulgated by The Board of Education
South Carolina Minimum Specifications Guide for Relocatable Classrooms
Received by Lt. Governor May 6, 1994
Referred to Senate Committee on Education
120 day review expiration date April 12, 1995

Senator DRUMMOND rose to a Point of Personal Interest.

The PRESIDENT appointed Senators J. VERNE SMITH, HOLLAND, MOORE, McCONNELL, MATTHEWS, LAND and SHORT to the PRESIDENT Pro Tempore Portrait Committee.

The following were introduced:

S. 1405 -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ESTABLISH GOALS WHICH EACH STATE AGENCY AND DEPARTMENT ARE ENCOURAGED TO MEET IN TERMS OF MAKING PROCUREMENTS FROM MINORITY BUSINESS ENTERPRISES (MBE'S) AND WOMEN'S BUSINESS ENTERPRISES (WBE'S) AND TO PROVIDE FOR AN INCREASE IN THE APPROPRIATION AN AGENCY OR DEPARTMENT RECEIVES IN THE ANNUAL GENERAL APPROPRIATIONS ACT IF IT MEETS OR EXCEEDS THE GOALS ESTABLISHED; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT MBE'S AND WBE'S SHALL RECEIVE A FIVE PERCENT "DISADVANTAGED" PREFERENCE IN THESE BIDS; TO AMEND SECTION 11-35-1550, AS AMENDED, RELATING TO SMALL PURCHASE PROCUREMENT PROCEDURES, SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL ESTABLISH PROCEDURES WHEREBY SMALL PURCHASES NOT EXCEEDING ONE THOUSAND FIVE HUNDRED DOLLARS SHALL BE PROCURED FROM MBE'S AND WBE'S ON A RECURRING BASIS WHERE THE DISADVANTAGED VENDOR CAN SUPPLY THE NEEDED ITEMS; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO REQUIRE PRIME CONTRACTORS SUBMITTING A BID TO INCLUDE A PLAN FOR UTILIZATION OF MBE'S AND WBE'S AS SUBCONTRACTORS ON THAT CONTRACT OR PROCUREMENT AND TO PROVIDE THAT ANY BID WHICH DOES NOT CONTAIN SUCH A UTILIZATION PLAN MAY NOT BE ACCEPTED BY THE PROCURING AGENCY; AND TO AMEND ARTICLE 21, CHAPTER 35 OF TITLE 11 OF THE 1976 CODE, RELATING TO ASSISTANCE TO MINORITY BUSINESSES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DEFINE THE TERMS "MINORITY BUSINESS ENTERPRISE" (MBE'S) AND "WOMEN'S BUSINESS ENTERPRISE" (WBE'S), AND FURTHER PROVIDE FOR PROCUREMENT PROCEDURES APPLICABLE TO MBE'S AND WBE'S, TO PROVIDE THAT THE TOTAL DOLLAR VALUE OF SUCH PROCUREMENTS SHALL BE SEPARATELY STATED AS TO PROCUREMENTS BY MBE'S AND BY WBE'S, TO INCREASE THE INCOME TAX CREDIT THAT FIRMS WITH STATE CONTRACTS THAT SUBCONTRACT WITH MINORITY OR FEMALE FIRMS ARE ENTITLED TO RECEIVE, TO PROVIDE THAT ANY FIRM CERTIFIED BY THE FEDERAL SMALL BUSINESS ADMINISTRATION UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT AS AN ETHNIC OR FEMALE MINORITY FIRM AUTOMATICALLY SHALL BE CERTIFIED BY THE STATE SMALL AND MINORITY BUSINESS ASSISTANCE OFFICE AS A MINORITY OR WOMEN'S BUSINESS ENTERPRISE RESPECTIVELY, AND TO REQUIRE THE STATE SMALL AND MINORITY BUSINESS ASSISTANCE OFFICE TO COMPLETE A STATEWIDE DISPARITY STUDY TO DETERMINE THE REASONS WHY MBE'S AND WBE'S ARE NOT ABLE TO MORE FULLY PARTICIPATE IN THE STATE'S PROCUREMENT PROCESS.

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

S. 1406 -- Senators Giese, J. Verne Smith and Richter: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.

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

H. 3094 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-735 SO AS TO PROVIDE THAT BUNGY JUMPING AND REVERSE BUNGY JUMPING ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR VIOLATION.

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

H. 4031 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION OF DRIVER'S LICENSE, RENEWAL, VISION TESTS, AND REEXAMINATIONS, SO AS TO CHANGE THE MANNER OF PROOF THAT A PERSON ON ACTIVE MILITARY DUTY OUTSIDE THE STATE MUST PRESENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO QUALIFY FOR RENEWAL OF HIS DRIVER'S LICENSE.

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

H. 4330 -- Reps. Fair, Corning, Snow and Harvin: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION FOR POSTAL SERVICE CARRIERS OR BUSINESSES PROVIDING MAIL, PARCEL, OR PACKAGE DELIVERY THAT MAKE FREQUENT STOPS FOR SHORT PERIODS OF TIME.

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

H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.

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

H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.

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

H. 4941 -- Reps. Robinson, Stone, Marchbanks, Govan, Littlejohn, Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford, Wright, Sharpe, Harrell, Huff, Wells, Haskins, Riser, Jaskwhich and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1644 SO AS TO PROVIDE THAT LICENSED FOSTER FAMILY CARE PROVIDERS ARE NOT LIABLE FOR LOSSES RESULTING FROM ACTS MADE IN GOOD FAITH WITHIN THE SCOPE OF THEIR OBLIGATIONS AS FOSTER PARENTS; BY ADDING SECTION 43-1-90 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN INTERNAL REVIEW SYSTEM FOR CASES IN WHICH A CHILD KNOWN TO THE DEPARTMENT HAS DIED; BY ADDING SECTION 62-2-805 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PARENT MAY NOT INHERIT FROM A DECEASED CHILD; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO GOVERNMENTAL IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE IMMUNITY FOR LOSSES RESULTING FROM ACTS OR OMISSIONS WITHIN THE SCOPE OF DUTY OF THOSE PERSONS PERFORMING CHILD PROTECTIVE OR CHILD WELFARE RELATED FUNCTIONS; TO AMEND SECTION 15-78-170, RELATING TO ACTIONS OR CLAIMS FOR DEATH OF A PERSON AND THE DIVISION OF RECOVERY SO AS TO PROVIDE THAT ANYONE PRECLUDED FROM INHERITING FROM THE ESTATE OF A DECEASED CHILD MAY NOT ACT AS PERSONAL REPRESENTATIVE NOR BENEFIT FROM ANY PROCEEDING BASED ON INJURY TO OR DEATH OF THE CHILD; AND TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO PERSONS NOT QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE SO AS TO INCLUDE PARENTS PRECLUDED FROM INHERITING FROM THE ESTATE OF THEIR DECEASED CHILD IN THE LEGAL CUSTODY OF THE STATE.

Read the first time and referred to the General Committee.

H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

Read the first time and referred to the General Committee.

H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.

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

H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.

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

H. 5079 -- Rep. Boan: A BILL TO AMEND SECTIONS 8-11-700, 8-11-720, AS AMENDED, 8-11-730, AS AMENDED, 8-11-740, AND 8-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EMPLOYEE LEAVE-TRANSFER PROGRAM, SO AS FURTHER TO DEFINE WHAT CONSTITUTES A PERSONAL EMERGENCY FOR WHICH TRANSFERRED LEAVE MAY BE USED, AND TO MAKE OTHER TECHNICAL CHANGES FOR THE OPERATION OF THE PROGRAM.

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

H. 5106 -- Reps. Sheheen and Marchbanks: A BILL TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA AND SECTION 20-7-5030, RELATING TO THE BOARD OF TRUSTEES OF THE TRUST FUND, SO AS TO PROVIDE THAT THE PURPOSE OF THE FUND AND THE POWERS AND DUTIES OF THE BOARD ARE FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT RATHER THAN FOR A BROAD ARRAY OF PREVENTION AND TREATMENT PROGRAMS FOR CHILDREN.

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

H. 5121 -- Reps. Mattos, Hallman, Marchbanks, Trotter and M.O. Alexander: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO TRANSFER CERTAIN MONIES FROM THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL "SUPERB ACCOUNT" FOR THE PURPOSE OF MEETING THE DEPARTMENT'S OBLIGATIONS UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT.

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

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 4373 -- Reps. Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-153 SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A PRESCRIPTION DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE PRESCRIPTION DRUG IN PARENTHESES.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 4407 -- Rep. Hutson: A BILL TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 4763 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS OF CHAPTER 33, TITLE 40, THE NURSE PRACTICE ACT, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT PROHIBIT THE PRACTICE OF NURSING BY GRADUATES OF NURSING SCHOOLS AWAITING LICENSING EXAMINATION RESULTS, AND TO AMEND SECTION 40-33-920, AS AMENDED, RELATING TO LICENSING REEXAMINATION, SO AS TO REVISE THE REQUIREMENTS FOR REEXAMINATION.

Ordered for consideration tomorrow.

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

H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE NURSING HOME TO PERFORM CERTAIN SERVICES AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 5192 favorable:

H. 5192 -- Reps. Cobb-Hunter, Trotter and Byrd: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.

Courson Peeler Wilson
Matthews Thomas Stilwell
O'Dell Passailaigue

Patterson Russell

H. 5192 -- Reps. Cobb-Hunter, Trotter and Byrd: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.

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

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

On motion of Senator DRUMMOND, with unanimous consent, the uncontested Bills and Resolutions on the second and third reading Calendar were carried over.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4820, THE GENERAL APPROPRIATION BILL.

Senator RICHTER renewed a Parliamentary Inquiry as to what rule allows the General Appropriation Bill to be placed at the beginning of the Calendar.

The PRESIDENT stated that he asked the Clerk to search and find the Journal entry that both the Clerk and I remember (as I believe many of you do) that it is the precedent of the Senate, through longstanding custom and practice, that the Annual General Appropriation Bill - when reported by the Finance Committee - takes a preeminent position on the Senate Calendar and yields only to the Morning Hour and the call of the uncontested Calendar during the pendency of its consideration on the floor of the Senate. Although a specific precedent has not been found, it is my ruling that the Annual General Appropriation Bill takes a preeminent position on the Senate Calendar when reported by the Finance Committee and yields only to the Morning Hour and the call of the uncontested Calendar.

The Senate proceeded to a consideration of the Bill. The question being the appeal by Senator DRUMMOND of the President's Ruling on the Point of Order raised by Senator McCONNELL on May 5, 1994, whereby Part II, Section 7B of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill was ruled out of order.

Senator DRUMMOND spoke on the Bill.

Senator GIESE spoke on the Bill.

Senator MACAULAY spoke on the Bill.

Senator McCONNELL asked unanimous consent to make a motion to carry over the appeal, receive the Rulings by the PRESIDENT on all previously raised Points of Order and then return to the consideration of the appeal with all members reserving their rights.

The motion was adopted.

On motion of Senator McCONNELL, debate was interrupted by a recess.

At 12:20 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed fifteen minutes.

At 1:00 P.M., the Senate resumed.

S. 1134 -- Senators Greg Smith, Rose, Washington, Ford, Mescher, Glover, Short, Jackson, Waldrep, Richter, Mitchell, Patterson, Rankin, Hayes, Leatherman and Thomas: A BILL TO AMEND SECTION 12-27-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE TAX ON GASOLINE SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, AND SECTION 12-29-325, RELATING TO EXEMPTIONS FROM THE TAX ON FUEL, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM.

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

There was no objection.

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

The Senate resumed consideration of the Bill.

On motion of Senator DRUMMOND, with unanimous consent, the motion to appeal the PRESIDENT'S Ruling on the Point of Order raised by Senator McCONNELL on May 5, 1994, whereby Part II, Section 7B of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was ruled out of order, was withdrawn.

The PRESIDENT took up the Point of Order raised by Senator PASSAILAIGUE that Part II, Section 3 was violative of Sections 12-7-435 and 11-11-440 of the S. C. Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator PASSAILAIGUE that Part II, Section 4 was violative of Section 11-11-440 of the S. C. Code of Laws, 1976, as amended.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 8 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 22 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 28 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 31 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 35 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 38 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 42 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 44 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 53 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 54 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 61 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 64 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 64 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it is violative of Sections 48-48-80(g) and 48-48-90 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 65 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 66 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 67 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 68 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 72 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator PASSAILAIGUE that Part II, Section 80 was violative of Sections 11-11-440 and 42-2-90(b) of the S.C. Code of Laws, 1976, as amended.

Senator LEATHERMAN spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator J. VERNE SMITH spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 81 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 85 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 87 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 88 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it is violative of Section 58-17-4095 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator LAND that Part II, Section 89 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it related to expenditures beyond Fiscal Year 1994-95.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 90 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 91 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 93 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part II, Section 96 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

Senator SETZLER spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator REESE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part I, Proviso 14.1 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator PATTERSON that Part I, Proviso 19.83 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Part I, Proviso 129.59 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

Senator PASSAILAIGUE raised a Point of Order that Part II, Section 6 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was violative of Section 11-11-440 of the S. C. Code of Laws, 1976, as amended.

The PRESIDENT took the Point of Order under advisement.

Senator DRUMMOND appealed the Ruling by the PRESIDENT on the Point of Order raised by Senator McCONNELL whereby Part II, Section 64 was violative of Section 48-48-80(g) of the S.C. Code of Laws, 1976, as amended, and was ruled out of order.

Senator McCONNELL spoke on the motion.

At 1:15 P.M., Senator MOORE assumed the Chair.

Senator LEVENTIS spoke on the motion.

Senator LAND spoke on the motion.

Senator WILLIAMS spoke on the motion.

Senator MACAULAY spoke on the motion.

Senator ROSE spoke on the motion.

The question then was, "Shall the decision of the PRESIDENT be upheld?"

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

Cork Courson Courtney
Elliott Gregory Hayes
Leventis Macaulay McConnell
Mitchell Passailaigue Peeler
Richter Rose Short
Smith, G. Stilwell Wilson

Bryan Drummond Ford
Giese Glover Jackson
Land Lander Leatherman
Martin Matthews McGill
Mescher Moore O'Dell
Patterson Rankin Reese
Russell Ryberg Setzler
Smith, J.V. Thomas Waldrep
Washington Williams

The decision of the PRESIDENT was reversed.

It is well established that the actions of the Senate are governed by the Constitution of this State and the rules and precedents of the Senate which derive from the Constitutional authority conferred on the Senate. I voted to overturn the Ruling of the PRESIDENT because I did not find that his decision was based on a transgression of this authority.

At 1:55 P.M., Senator ROSE requested a leave of absence beginning at 4:00 P.M., for the balance of the day.

At 1:55 P.M., Senator McGILL requested a leave of absence for Friday and Saturday, May 13 and 14, 1994.

The PRESIDENT assumed the Chair.

Senator DRUMMOND proposed the following Amendment No. 7 (006.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 3H, REORGANIZATION COMMISSION, page 0021, line 19 by:

COLUMN 7 COLUMN 8
STRIKING: (15.00) (15.00)
INSERTING: (17.00) (17.00)

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 33 (N05\7875BDW.94), which was adopted:

Amend the bill, as and if amended, Part IA, Section 5, Administrative Law Judges, page 33, line 27 by:

COLUMN 7 COLUMN 8
STRIKING: 123,581 123,581

( ) ( )
INSERTING: 223,581 223,581

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 40 (N05\7876BDW.94), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 55, Public Service Commission, page 608 left column, by adding a new proviso to read:

/55.__ (Temporary Cash Loan)

The Budget and Control Board's Office of State Budget may transfer a temporary cash loan up to $500,000 to the Public Service Commission for startup purposes as an Other Funded agency for Fiscal Year 1994-95 from funds which the Office of State Budget manages in Section 17. These funds must be repaid by the Public Service Commission as soon as practical but not later than December 31, 1994./

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 11 (004.SD), which was adopted:

Amend the bill, as and if amended, Part IA, Section 18, Francis Marion University, page 0154, line 15 by inserting:

COLUMN 7 COLUMN 8
NEW POSITIONS - INSTRUCTORS (7.00)

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 10 (002.SD), which was adopted:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0254, line 15 by:

COLUMN 7 COLUMN 8
STRIKING: 505,274

( ) ( )
INSERTING: 5,274

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0254, line 13 by:

COLUMN 7 COLUMN 8
STRIKING: 1,953,237
INSERTING: 2,453,237

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0254, line 17 by:

COLUMN 7 COLUMN 8
STRIKING: 83,439,957

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0254, line 19 by:

COLUMN 7 COLUMN 8
INSERTING: 83,439,957

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 0255, line 21 by:
STRIKING: 4,111,421
INSERTING: 3,611,421

Amend the bill further, as and if amended, Part IA, Section 18, Department of Education, page 0261, line 25 by:
STRIKING: 5,356,158
INSERTING: 5,856,158

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 21 (4820R210.ASM), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 17R, Retirement Division, page 552, right column, by adding an appropriately numbered paragraph to read:

17R. . (BCB/RET: SCRS - Option) Pursuant to a request in writing filed with the system which may be made only in the current fiscal year, the surviving spouse of a deceased member of the South Carolina Retirement System who:

(1) retired after December 31, 1991, with more than twenty-five years service credit;

(2) was at least sixty-five on the retirement date;

(3) selected to receive maximum benefits; and

(4) died less than six months after the effective date of retirement

may revoke the payment selection made by the deceased spouse and, upon repayment to the system of all contributions made by the deceased member plus interest, elect a method of payment under Option 2.

Amend sections, totals and title to conform.

Senator MACAULAY explained the amendment.

Senator GIESE spoke on the amendment.

Senator MACAULAY moved that the amendment be adopted.

Senator GIESE moved to lay the amendment on the table.

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

Drummond Giese Glover
Gregory Hayes Lander
Leatherman Leventis Martin
McGill Mescher O'Dell
Patterson Rankin Richter
Ryberg Saleeby Setzler
Smith, J.V. Stilwell Thomas
Washington Williams

Courson* Courtney Elliott
Ford Land Macaulay
McConnell Mitchell Passailaigue
Reese Rose Smith, G.
Waldrep Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

On motion of Senator LAND, at 2:15 P.M., Senator MOORE was granted a leave of absence for the balance of the day.

On motion of Senator STILWELL, at 2:15 P.M., Senator BRYAN was granted a leave of absence for the balance of the day.

Senator SETZLER proposed the following Amendment No. 9 (001.SD), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 19, Department of Education, page 572, Proviso 19A.21, left column, line 42 by striking the line in its entirety and inserting: /shall be transferred to the Commission on Higher/

Amend the bill further, as and if amended, Part 1B, Section 19, Department of Education, page 571, Proviso 19A.16, right column, line 32, by striking /under Section X.K./ and inserting /under Section X.M./;

Amend the bill further, as and if amended, Part IB, Section 19, Department of Education, page 571, Proviso 19A.17, right column, line 38, by inserting the word /competitive/ after the word /for/ and before the word /grants/;

Amend the bill further, as and if amended, Part IB, Section 19, Department of Education, page 573, Proviso 19A.28, left column, line 13, by inserting after the word used, /to continue technical assistance sites; the remaining funds in these two line items shall be used to/;

Amend the bill further, as and if amended, Part IB, Section 19, Department of Education, page 575, Proviso 19A.39, left column, line 3, by adding

/Funds appropriated for Impaired School Districts/In Need of Technical Assistance and allocated to the school districts in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current year./ after the word /purposes./;

Amend the bill further, as and if amended, Part IB, Section 19, Department of Education, page 575, Proviso 19A.42, left column, line 23, by striking /$44,000/ and inserting /$49,000/;

Amend the bill further, as and if amended, Part IB, Section 19, Department of Education, page 575, Proviso 19A.41, left column, line 13, by striking /$1,175,000/ and inserting /$1,292,500/;

Amend the bill further, as and if amended, Part IB, Section 19, Department of Education, page 575, Proviso 19A.45, right column, line 33, by striking /$1,328,396/ and inserting /$1,391,076/ and line 36 by striking /$886,396/ and inserting /$949,076/;

Amend the bill further, as and if amended, Part IB, Section 19, Department of Education, page 578, Proviso 19A.71, right column, line 9, by striking /Academic Assessment/ and inserting /Professional Development/

Amend the bill further, as and if amended, Part IB, Section 19, Department of Education, page 571, Proviso 19A.11, left column, line 27, by striking /Of/ and inserting /Not withstanding any other provisions of law, of/

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 13 (009.DLR), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 31, Department of Mental Health, page 595, Proviso 31.13, right column, line 17, by striking the proviso in its entirety.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 45 (JUD4820.009), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 35, Department of Social Services, page 599, Proviso 35.23, right column, by striking line 39 and inserting the following:

/under Section 43-35-10(9), et seq. of the S.C. Code of Laws,/

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 14 (007.DLR), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 39, Human Affairs Commission, page 600, Proviso 39.3, right column, line 21, by striking the proviso in its entirety.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 43 (N05\7874THC.94), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 17R - Retirement Division, page 552, right column, by adding a new proviso to read:

/17R.__ (BCB/RET:SCRS - Reduced Purchase Price)

A member of the South Carolina Retirement System eligible during the current fiscal year to receive up to five years' additional service credit pursuant to Section 9-1-1850 of the 1976 Code may purchase the years of service necessary to have thirty years' service at a cost equal to ten percent of the member's current salary or the highest fiscal year salary in the member's work career, whichever is greater. A member must elect to exercise this reduced payment option by filing written notice with the Retirement System after June 30, 1994, and before January 1, 1995. The member must make the appropriate payment and retire before July 1, 1995./

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 47 (N05\7883SD.94), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 49, Parks, Recreation and Tourism, page 606, by striking Proviso 49.11, left column, lines 6-9.

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator LEVENTIS spoke on the amendment.

Senator LEVENTIS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator DRUMMOND proposed the following Amendment No. 6 (001.BBH), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 56, WORKERS COMPENSATION COMMISSION, page 608, right column, line 14, by adding a new proviso to read:

56.3 (WCC: Commissioners Out-of-State Allowance) When out-of-state, Workers Compensation Commission commissioners are allowed $50.00 per diem or actual expenses.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

The amendment was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 16 (001.CHP), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 129, page 621, Proviso 19, right column, line 9 by striking line 9 and inserting the following:
\ client's permission to share data. The Human Services Coordinating Council shall assume the duties and responsibilities of the Aging Coordinating Council and the Long Term Care Council as specified in Sections 43-21-120 through 43-21-140. The council shall establish a long term care standing committee and include on the committee a representative of the long term care industry, a representative of the insurance industry, and a representative of the general public. \

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendment was adopted.

Having voted on the prevailing side, Senator GIESE asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 21 (9232HTC.94), proposed by Senator MACAULAY, was laid on the table.

The motion to reconsider was adopted.

The question then was the adoption of the amendment.

Senators GIESE, J. VERNE SMITH and PATTERSON spoke on the amendment.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 52 (4820.002), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 19, Department of Education, page 571, Proviso 19A.16, right column, line 35 by striking line 35 and inserting the following:

/University and $125,000 must be used for the Accelerated Schools Project at the College of Charleston./

Amend sections, totals and title to conform.

Senators MACAULAY and SETZLER spoke on the amendment.

The amendment was adopted.

Senator RICHTER proposed the following Amendment No. 60 (4820R006.LER), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 35, Department of Social Services, page 600, Proviso 35.24, left column, line 7, by inserting:

/(DSS: Transfer Food Stamp Fraud Unit to Attorney General's Office) On January 1, 1995, the Food Stamp Fraud Unit of the Department of Social Services is hereby transferred to the Attorney General's office, and the duties, powers, and functions of the Food Stamp Fraud Unit, as provided by law, are devolved upon the office of the Attorney General on this date. On January 1, 1995, the employees, appropriations, and property of the Food Stamp Fraud Unit of the Department of Social Services also are transferred to and become a part of the office of the Attorney General in the manner the Budget and Control Board shall provide./

Amend sections, totals and title to conform.

Senator RICHTER explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator WILLIAMS proposed the following Amendment No. 27 (JUD4820.008), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 32, by adding a new section to read:

TO AMEND SECTION 39-41-255 OF THE 1976 CODE RELATING TO THE POSTING OF GASOLINE PRICES SO AS TO ALLOW THE POSTING OF THE PRICE ON THE PUMP PRICE MECHANISM TO SATISFY THE POSTING REQUIREMENTS OF THIS SECTION.
Section 39-41-255 is amended to read:

"Section 39-41-255. Every retail motor fuel outlet shall post in a conspicuous place the self-service pump price for each type of gasoline it has available; provided, that such posted price must include either the cash or the credit price but need not include both such prices. The manner in which the prices are posted must not conflict with any state or local laws or ordinances that regulate the size, use, or placement of billboards or signs. The posting on the pump price mechanism of the price of the type of gasoline available at that pump shall satisfy the requirement of this section."/

Amend sections, totals and title to conform.

Senator WILLIAMS explained the amendment.

Senator WILLIAMS moved that the amendment be adopted.

The amendment was adopted.

Senator MARTIN proposed the following Amendment No. 65 (027.DLR), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 30, Department of Health and Environmental Control, page 591, Proviso 30.23, right column, line 2, by striking line 2 and inserting:

the State as a result of the fees. In providing monitoring and laboratory analytical services, DHEC will consider least cost alternatives including contracting with private laboratories when appropriate. DHEC shall include all applicable direct and indirect costs in developing cost comparisons with private laboratories.

Amend sections, totals and title to conform.

Senator MARTIN explained the amendment.

Senator J. VERNE SMITH spoke on the amendment.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 8 (005.SD), which was adopted:

Amend the bill, as and if amended, Part II, Section 15, page 641, left column, line 29 through left column, lines 2, by striking:

Subsection E. in its entirety.

Amend the bill further, as and if amended, Part II, Section 15, page 642, right column, lines 37 through 42, by striking:

Paragraph (c) of Subsection I. in its entirety.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 41 (JUD4820.006), which was adopted:

Amend the bill, as and if amended, Part II, Section 24, page 647, right column, line 21, by striking line 21 in its entirety and inserting therein the following:

/State, excluding the General Assembly, Senate, House of Representatives, local political subdivisions, special/

Amend sections, totals and title to conform.

Senator STILWELL explained the amendment.

The amendment was adopted.

At 3:30 P.M., Senator MARTIN assumed the Chair.

At 3:30 P.M., Senator GIESE requested a leave of absence for the balance of the day.

Senators STILWELL, MOORE and JACKSON proposed the following Amendment No. 31 (JUD4820.003), which was adopted:

Amend the bill, as and if amended, Part II, Section 59, page 673, left column, line 16, by striking line 16 through line 5, right column on page 675 and inserting:

TO AMEND SECTION 1-30-75 OF THE 1976 CODE, RELATING TO THE COMPOSITION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CORRECT REFERENCES TO THE WILDLIFE AND MARINE RESOURCES COMMISSION, WILDLIFE AND FRESHWATER FISHERIES DIVISION, AND GEOLOGICAL SURVEY OF THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO DELETE A REFERENCE TO THE DIVISION OF GEOLOGICAL MAPPING AND STATE GEOLOGIST; TO AMEND CHAPTER 2 OF TITLE 27 BY ADDING SECTION 27-2-85, SO AS TO PROVIDE FOR THE DUTIES OF THE SOUTH CAROLINA GEODETIC SURVEY, SECTION 27-2-95, SO AS TO ENSURE STATE MAPPING PRODUCTS ARE COMPATIBLE WITH THE COORDINATE SYSTEM, AND SECTION 27-2-105, SO AS TO REQUIRE THE SURVEY TO ASSIST IN DEFINING MONUMENTING COUNTY BOUNDARIES; TO AMEND SECTION 48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION AND TO DELETE A REFERENCE TO THE STATE GEOLOGIST AND GEOLOGICAL MAPPING DIVISION; AND TO AMEND CHAPTER 22, TITLE 48, RELATING TO THE STATE GEOLOGIST AND GEOLOGICAL MAPPING DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO MAKE THE DIVISION A UNIT AND PROVIDE FOR THE GEODETIC SURVEY TO REMAIN WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES.

A. Section 1-30-75 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-30-75. Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in, and shall must be administered as part of the Department of Natural Resources to. The department must be initially divided initially into divisions for Geological Mapping and State Geologist, Land Resources and Conservation Districts, Water Resources, Marine Resources, Wildlife and Freshwater Fish Fisheries, and State Natural Resources Enforcement; Provided. The South Carolina Wildlife and Marine Resources Commission Board, as constituted on June 30, 1993, and thereafter after that time, under the provisions of Section 50-3-10 et. et seq. shall be is the governing authority for the department:

(A)(1) Geological Mapping Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;

(B)(2) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;

(C)(3) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;

(D)(4) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;

(E)(5) South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq."

B. Chapter 2 of Title 27 of the 1976 Code is amended by adding:

"Section 27-2-85. The South Carolina Geodetic Survey established within the Division of Research and Statistical Services of the Budget and Control Board shall establish horizontal and vertical geodetic control within the State at a density that will effectively provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary."

C. Chapter 2 of Title 27 of the 1976 Code is amended by adding:

"Section 27-2-95. To the extent possible, the South Carolina Geodetic Survey of the Division of Research and Statistical Services of the Budget and Control Board shall utilize the office's responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the office shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina."

D. Chapter 2 of Title 27 of the 1976 Code is amended by adding:

"Section 27-2-105. Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey shall act as a mediator between counties to resolve county boundary disputes."

E. Section 48-4-10, as added by Act 181 of 1993, is amended to read:

"Section 48-4-10. (A) The South Carolina Department of Natural Resources is created to administer and enforce the laws of this State relating to wildlife, marine resources, and natural resources, and other laws specifically assigned to it. The department shall must be comprised of a Natural Resources Enforcement Division, a Wildlife and Freshwater Fish Fisheries Division, a Marine Resources Division, a Water Resources Division, and a Land Resources and Conservation Districts Division, and a State Geologist and Geological Mapping Division. Each division of the department shall must have such the functions and powers as provided by law.

(B) All functions, powers, and duties provided by law to the South Carolina Wildlife and Marine Resources Department, the Geological Mapping Survey Division of the Budget and Control Board, to include the State Geologist, and the South Carolina Migratory Waterfowl Committee are hereby transferred to the Department of Natural Resources. All nonregulatory functions, powers, and duties provided by law to the South Carolina Water Resources Commission and the State Land Resources Conservation Commission are hereby transferred to the Department of Natural Resources. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.

(C) All divisions shall be are directly accountable to and subject to the Department of Natural Resources.

(D) The Wildlife and Marine Resources Commission, the Land Resources Conservation Commission, and the Water Resources Commission are abolished."

F. Chapter 22, Title 48 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

Section 48-22-10. The State Geologist and South Carolina Geological Mapping Division, Survey Unit is hereby created and shall be established under the direction of the Department of Natural Resources. The State Geologist shall must be appointed by the Director of the Department of Natural Resources. He shall must have graduated from an accredited college or university with a full curriculum in geology and shall have had at least five years of practical work experience, academic, governmental, or industrial, in geology.

Section 48-22-20. The powers and duties provided for the State Geologist and South Carolina Geological Mapping Survey of the Division of Research and Statistical Services of the Budget and Control Board are devolved upon the Department of Natural Resources. All property, equipment and personal services monies, including all employee contributions and other fringe benefits used by the Geological Survey within the Division of Research and Statistical Services of the Budget and Control Board prior to the adoption of before this section shall be takes effect are transferred to the Department of Natural Resources. The South Carolina Geodetic Survey must remain with the Division of Research and Statistical Services as the South Carolina Geodetic Survey. All property, equipment, and personal services monies, including all employee contributions and other fringe benefits used by the Geodetic Survey, must remain with the Division of Research and Statistical Services.

Section 48-22-30. (A) The State Geologist shall have supervision of the entire work of the division and shall be responsible for its accuracy. He shall:

(1) travel throughout the State so as to make himself familiar with the geology and mineral resources of each section, and supervise work in progress;

(2) shall undertake such field and laboratory work as his time will permit permits;

(3) and shall perform such other duties as that properly pertain to his office.

(B) He may, As directed by the The department, may employ geologists, technicians, and such other personnel as may be necessary to conduct the objectives of the division unit.

Section 48-22-40. In addition to such other duties as may be assigned to it, the division shall unit:

(1) shall conduct field and laboratory studies in geologic reconnaissance, mapping, prospecting for mineral resources, and related gathering of surface and subsurface data. Investigative areas shall include offshore, as well as all and onshore, lands in this State.;

(2) shall provide geologic advice and assistance to other state and local governmental agencies engaged in environmental protection, or in industrial or economic development projects. In addition, the division shall unit must be involved actively involved in geologic aspects of regional planning and effective land use in the State.;

(3) shall encourage economic development in the State by disseminating published geologic information as bulletins, maps, economic reports, and related series, and also open-file reports, to appropriate governmental agencies and private industry. The division unit is further encouraged further to initiate and maintain appropriate industrial contacts, to promote both the extraction and conservation of South Carolina's earth raw materials, and their manufacture, to the economic improvement of the State.;

(4) shall provide unsolicited advice, when appropriate, to the Mining Council and its associated state regulatory agency, on geologic and related mining matters in keeping with the intent of the South Carolina Mining Act.;

(5) shall operate and maintain a central, statewide repository for rock cores, well cuttings and related subsurface samples, and all associated supplemental data. Private firms and public agencies are encouraged to notify the division prior to any unit before exploratory or developmental drilling and coring.;

(6) must be the state's official cooperator on topographic mapping; provided, that. The federal expenditure for such purposes shall this purpose at least must equal that of the State, and. The unit may conduct cooperative work with appropriate agencies of the United States Government in its geologic activities and investigations.;

(7) shall provide a minerals research laboratory, related to the identification, extraction, and processing of industrial minerals and minerals of economic potential wherever found throughout the onshore and offshore areas of the State. The minerals research laboratory is encouraged to accept mineral research projects from South Carolina businesses or citizens on a per cost, per unit basis and to encourage expended use of the raw materials of the State. The minerals research laboratory may accept public and private gifts or funds and may enter into cooperative agreements for the purpose of applied research in the metallic and nonmetallic minerals of this State.

Section 48-22-50. The division unit shall maintain all unpublished information in its files which shall must be open to the public, except in cases where the investigator still has work in progress on a project leading to a publication; or where an industrial firm, interested in possibly locating in the State, asks temporary confidential status for oral and written geologic related information supplied by them or obtained on their properties. In the latter instance such the information may be held in confidence by the division unit for not more than one year from the date such the information was obtained.

Section 48-22-60. The division unit shall work impartially for the benefit of the public, and no person, firm, or governmental agency may call upon or require the State Geologist or his unit staff to enter upon any a special survey for his or their special benefit.

Section 48-22-70. The South Carolina Geodetic Survey established within the Division of Research and Statistical Services of the Budget and Control Board is hereby transferred to the Department of Natural Resources. The Geodetic Survey is constituted as part of the State Geologist and Geological Mapping Division. The division shall establish horizontal and vertical geodetic control within the State at a density that will effectively provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary.

Section 48-22-80. The division, under the auspices of the department, shall have the responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the division shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina.

Section 48-22-90. Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey shall act as a mediator between counties to resolve county boundary disputes."

G. This section takes effect July 1, 1994./

Amend sections, totals and title to conform.

Senator STILWELL explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senators PATTERSON, COURSON, JACKSON and GIESE proposed the following Amendment No. 1 (GJK\20892SD.94), which was tabled:

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

TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO A SALE AT WHOLESALE FOR PURPOSES OF THE SALES TAX, SO AS TO INCLUDE THE SALE OF CERTAIN COMPUTER SOFTWARE WITHIN THE MEANING OF A SALE AT WHOLESALE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE MAXIMUM SALES TAX OF THREE HUNDRED DOLLARS ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO PROVIDE THAT THE SALE OR LEASE OF MACHINERY USED FOR COMPUTER SOFTWARE RESEARCH AND DEVELOPMENT PURPOSES QUALIFIES FOR THIS LIMITATION.

(A) Section 12-36-120 of the 1976 Code, as last amended by Act 361 of 1992, is further amended by adding:

"(5) Computer software to a person or entity which sells, leases, or licenses such software for use by others including, but not limited to:

(a) software which is customized for otherwise modified prior to such sales, lease, or license to others, and

(b) software which is combined or otherwise integrated with other software prior to the sale, lease, or license to others of such combined or integrated software."

(B) Section 12-36-2110(D) of the 1976 Code, as last amended by Act 110 of 1991 is further amended to read:

"(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this subsection, "machinery for research and development" means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects. Notwithstanding any other provision of this subsection, the sale or use of machinery used for any computer software research and development purpose shall be entitled to the three hundred dollar limitation above provided for in this subsection."/

Renumber sections to conform.

Amend totals and title to conform.

Senator PATTERSON argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators ELLIOTT, GREG SMITH and RANKIN proposed the following Amendment No. 4 (JIC\6002HTC.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 61-5-185 SO AS TO AUTHORIZE THE ISSUE OF TEMPORARY MINIBOTTLE PERMITS TO BONA FIDE NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS ALREADY LICENSED TO SELL MINIBOTTLES WHEN LOCATED IN UNINCORPORATED AREAS EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY WHERE ANNUAL ACCOMMODATIONS TAXES EXCEED SIX MILLION DOLLARS AND TO SUCH LICENSEES IN UNINCORPORATED AREAS LOCATED EAST OF THE WATERWAY IN A CONTIGUOUS COUNTY, TO MAKE THE AUTHORIZATION CONTINGENT ON A FAVORABLE VOTE IN A REFERENDUM HELD IN THE UNINCORPORATED AREA OF THE COUNTY BASED ON A PETITION OF AT LEAST TEN PERCENT BUT NOT MORE THAN TWO THOUSAND FIVE HUNDRED OF THE QUALIFIED ELECTORS OF THE UNINCORPORATED AREA, TO PROVIDE THE PROCEDURE FOR THE REFERENDUM, AND TO PRESCRIBE THE QUESTION.

A. Chapter 5, Title 61 of the 1976 Code is amended by adding:

"Section 61-5-185. Permits authorized by Section 61-5-180 must be issued to bona fide nonprofit organizations and business establishments licensed under Section 61-5-50 when located east of the intracoastal waterway in a county where the annual accommodations tax collections exceed six million dollars, and in any land area between the intracoastal waterway and the Atlantic Ocean located in a county contiguous to such county, upon application and payment of the filing and permit fees.

Permits authorized by this section may be issued only in the unincorporated area of a county where a majority of the qualified electors of that area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures have been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:

`Shall the Department of Revenue and Taxation be authorized to issue temporary permits in the portion of the unincorporated area of the county for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.

The expenses of any such referendum must be paid by the county conducting the referendum."

B. If any provision or clause of this section or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application and to this end the provisions of this section are severable./

Amend title, totals, renumber sections to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

Senators THOMAS, J. VERNE SMITH and DRUMMOND desired to be recorded as voting against the adoption of the amendment.

Senators PATTERSON, WILSON and J. VERNE SMITH proposed the following Amendment No. 17 (CYY\16223HC.94), which was adopted:

Amend the report, as and if amended, Part II, by adding an appropriately numbered section to read:

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

Section 55-11-500(a) of the 1976 Code is amended to read:

"(a) an `air carrier hub terminal facility' is an airport terminal facility from which an air carrier certified or licensed by the Federal Aviation Administration shall or will operate either:

(1) at least twenty common carrier departing flights a day on which the general public may fly seven days a week, fifty-two weeks a year. No less than seventy percent of all seats on these aircraft arriving at or departing from an air carrier terminal facility must be on jet aircraft capable of carrying at least one hundred passengers on each flight.; or

(2) at least five common carrier departing flights a day for the purpose of transporting cargo and air freight at least five days each week."/

Amend sections, totals and title to conform.

Senator PATTERSON explained the amendment.

Senator PATTERSON moved that the amendment be adopted.

The amendment was adopted.

At 4:10 P.M., Senator WASHINGTON requested a leave of absence for the balance of the day.

Senators CORK, HAYES and GREGORY proposed the following Amendment No. 19 (BBM\9230JM.94), which was ruled out of order:

Amend the report, as and if amended, Part II, Permanent Provisions, by adding a new section to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2805, SO AS TO PROVIDE THAT NO COIN-OPERATED VIDEO GAMES WITH A FREE PLAY FEATURE MAY BE LOCATED ON A WATERCRAFT OR VESSEL LICENSED BY THE DEPARTMENT OF NATURAL RESOURCES OR BY THE UNITED STATES COAST GUARD.

Article 20, Chapter 21, Title 12 of the 1976 Code, as added by Section 19 of Part II of Act 164 of 1993, is amended by adding:

"Section 12-21-2805. No machine regulated pursuant to this article may be located on a watercraft registered with the Department of Natural Resources or on a vessel registered with the United States Coast Guard with this State as its home port."/

Amend sections, totals and title to conform.

Senator PASSAILAIGUE raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators McCONNELL, MACAULAY, CORK and LAND spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senators WILSON, DRUMMOND and WILLIAMS proposed the following Amendment No. 25A (PT\1244DW.94), which was carried over:

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

TO AMEND SECTION 7-13-40, AS AMENDED, OF THE 1976 CODE, RELATING TO PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTY TO THE COMMISSION.

Section 7-13-40 of the 1976 Code, as last amended by Act 253 of 1992, is further amended to read:

"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first, or if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for all candidates whose names are on ballots to be voted on filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."/

Amend sections, totals and title to conform.

Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators WILSON and DRUMMOND spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator WILSON argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senators DRUMMOND and WILLIAMS spoke on the amendment.

Senator LAND moved to lay the amendment on the table.

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

Elliott Glover Jackson
Land Lander Matthews
McGill Mitchell O'Dell
Patterson Rankin Reese
Saleeby Short Smith, G.
Smith, J.V. Waldrep

Cork Courson Courtney
Drummond Hayes Leatherman
Leventis Macaulay Martin
McConnell Mescher Passailaigue
Peeler Richter Russell
Ryberg Setzler Stilwell
Thomas Williams Wilson

The Senate refused to table the amendment. The question then was the adoption of the amendment.

At 4:34 P.M., the PRESIDENT assumed the Chair.

Senator LAND argued contra to the adoption of the amendment.

At 4:36 P.M., Senator MITCHELL requested a leave of absence beginning at 5:00 P.M. until 11:00 A.M., Tuesday, May 10, 1994.

Senator LAND continued arguing contra to the adoption of the amendment.

On motion of Senator J. VERNE SMITH, with unanimous consent, Amendment No. 25A was carried over.

At 4:45 P.M., Senator LANDER requested a leave of absence beginning at 5:00 P.M.

At 4:50 P.M., on motion of Senator LAND, the Senate receded from business not to exceed ten minutes.

At 5:07 P.M., the Senate resumed.

At 5:10 P.M., Senator WILLIAMS requested a leave of absence until 9:30 A.M., Tuesday, May 10, 1994.

Senator LEVENTIS proposed the following Amendment No. 39 (GJK\20795SD.94), which was ruled out order:

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

TO AMEND SECTION 59-19-340, AS AMENDED, OF THE 1976 CODE, RELATING TO CHILD DEVELOPMENT PROGRAMS; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE; AND TO AMEND SECTION 59-65-10, AS AMENDED, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL, SO AS TO CHANGE FROM SEPTEMBER FIRST TO NOVEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE OR PARTICIPATION BASED ON AGE; AND TO REPEAL SUBSECTION (D), PART II OF ACT 164 OF 1993 RELATING TO THE PHASING-IN BY GRADE OF EARLIER PROVISIONS CHANGING THE ABOVE DATE FROM NOVEMBER FIRST TO SEPTEMBER FIRST.

(A) Section 59-19-340 of the 1976 Code, as amended by Act 164 of 1993, is further amended to read:

"Section 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before September November first of the applicable school year in child development programs. The board of trustees of school districts having programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old children."

(B) Section 59-63-20 of the 1976 Code, as amended by Act 164 of 1993, is further amended to read:

"Section 59-63-20. It is not lawful unlawful for any person who is less than five or more than twenty-one years of age to attend any of the public schools of this State, including kindergarten, except that:

(1) persons over twenty-one years of age may attend night schools;

(2) when a pupil is in the graduating class and becomes twenty-one years of age before graduation, he is permitted to complete the term if otherwise qualified to do so;

(3) students may enter kindergarten in the public schools of this State if they will attain the age of five on or before September November first of the applicable school year or have substantially initiated a public school kindergarten program in another state that has a different attendance age requirement from South Carolina;

(4) students may not enter the first grade in the public schools of this State unless they will attain the age of six on or before September November first of the applicable school year or have substantially initiated a first grade program in another state that has a different attendance age requirement from South Carolina or have attended a public school kindergarten program for one full school year;

(5) the restrictions in this section may be waived by the local board of school trustees in any proper case. However, that if the provisions of items (3) and (4) of this section are not complied with, the school district is not entitled to receive any state aid for any students who fail to meet these requirements;

(6) four-year-olds may attend optional child development programs and all three-year-old, four-year-old, and five-year-old handicapped children may participate in early intervention programs."

(C) Section 59-65-10(A) of the 1976 Code, as amended by Act 164 of 1993, is further amended to read:

"(A) All parents or guardians shall cause their children or wards to attend regularly a public or private school or kindergarten of this State which has been approved by the State Board of Education or a member school of the South Carolina Independent Schools' Association or some similar organization, or a parochial, denominational, or church-related school, or other programs which have been approved by the State Board of Education from the school year in which the child or ward is five years of age before September November first until the child or ward attains his seventeenth birthday or graduates from high school. A parent or guardian whose child or ward is not six years of age on or before the first day of September November of a particular school year may elect for their child or ward not to attend kindergarten. For this purpose, the parent or guardian shall sign a written document making the election with the governing body of the school district in which the parent or guardian resides. The form of this written document must be prescribed by regulation of the Department of Education. Upon the written election being executed, that child or ward may not be required to attend kindergarten."

(D) Subsection (D), Part II of Act 164 of 1993 is repealed.

(E) Notwithstanding the above provisions of this section, those three-year-old students who began the 1993-94 school year based on a September first age cut-off date rather than a November first date may continue to matriculate in school in succeeding grades and years based on a September first date./

Renumber sections to conform.

Amend totals and title to conform.

Senator SETZLER raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator LEVENTIS spoke on the Point of Order.

Senator SETZLER spoke on the Point of Order.

Senator GREGORY spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator LAND proposed the following Amendment No. 44 (4820R022.JCL), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND SECTION 12-37-220(A)(8) OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS FOR POLLUTION CONTROL EQUIPMENT, SO AS TO SET THE VALUE ELIGIBLE FOR THE EXEMPTION FOR CERTAIN EQUIPMENT WHICH SERVES A DUAL PURPOSE.

A. Section 12-37-220(A)(8) of the 1976 Code, as found in Article 3, Chapter 37, Title 12 and as last amended by Section 200, Act 181 of 1993, is further amended to read:

"(8) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement, or control of water, air, or noise pollution, both internal and external, required by the state or federal government and used in the conduct of their business. At the request of the Department of Revenue and Taxation the Department of Health and Environmental Control shall investigate the property of any manufacturer or company, eligible for the exemption to determine the portion of the property that qualifies as pollution control property. Upon investigation of the property, the Department of Health and Environmental Control shall furnish the Department of Revenue and Taxation with a detailed listing of the property that qualifies as pollution control property. For equipment that serves a dual purpose of production and pollution control, the value eligible for the ad valorem exemption is the difference in cost between this equipment and equipment of similar production capacity or capability without the ability to control pollution; , except that the value eligible for the ad valorem exemption for equipment that serves a dual purpose of production of greige goods and pollution control is twenty percent of the cost of the equipment;"

B. This section takes effect upon approval by the Governor and applies for property for tax years beginning after 1993.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator J. VERNE SMITH raised a Point of Order that Part II, Section 69 of the Senate Finance Committee Report on H. 4820, the General Appropriation Bill, was out of order inasmuch as it was violative of Section 6-27-50 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT sustained the Point of Order.

Senator ELLIOTT proposed the following Amendment No. 50 (CYY\16225AC.94), which was ruled out order:

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

TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS.

In accordance with Section 1-20-60 of the 1976 Code, the South Carolina Board of Examiners in Opticianry is reauthorized for six years./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator ELLIOTT spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator ROSE proposed the following Amendment No. 54 (4820R201.MTR), which was ruled out of order:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND SECTION 4-29-67 RELATING TO THE FEE IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIRED FROM EIGHTY-FIVE MILLION DOLLARS TO TEN MILLION DOLLARS.

A. Section 4-29-67(B)(3) of the 1976 Code is amended to read:

"(3)The minimum level of investment must be at least eighty-five ten million dollars and must be invested within the time period provided in subsection (C)."

Amend sections, totals and title to conform.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator ROSE proposed the following Amendment No. 55 (4820R018.MTR), which was carried over:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY GOVERNMENT, SO AS TO ADD ARTICLE 15 WHICH ESTABLISHES A PROCEDURE WHEREBY UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED, INFERIOR ONLY TO AD VALOREM PROPERTY TAX LIENS.

A. Chapter 9, Title 4 of the 1976 Code is amended by adding:

Section 4-9-1300. (A) The term `governmental service fee or charge' shall mean any fee or charge imposed by any governing body of a county for services rendered with respect to a governmental service.

(B) The term `governmental service' shall mean any service or facility provided by a county for which a service fee or charge is imposed by the governing body of a county, including, but not limited to, drainage facilities, water treatment and distribution, sewage collection and treatment, police protection, fire protection or solid waste collection, disposal, or recycling.

Section 4-9-1310. (A) If the notice or notices prescribed by Section 4-9-1320 hereof shall have been given and any hearing requested pursuant thereto shall have been held, all service fees or charges, imposed by a county for governmental services and not paid when due and payable, shall be and constitute a lien upon the real estate to which the governmental service relates so long as the governmental service fees or charges remain unpaid.

(B) In addition to such other rights and remedies as may be available to a county in law or in equity for the collection of the governmental service fees or charges, the lien may be enforced by a county in the same manner and fashion as the lien of property taxes on real estate. The lien herein provided shall be superior to all other liens except liens for unpaid property taxes.

(C) The method provided in this article for the enforcement of the collection of past due governmental service fees or charges shall not be the exclusive method of enforcing such collections and a county is fully empowered to enforce the collection of any such governmental fees or charges in any other lawful manner.

Section 4-9-1320. (A) The county governing body shall determine on an annual basis the governmental service fees and charges which will, in accordance with Section 4-9-1310, constitute liens for that fiscal year.

(B) Prior to providing governmental services for which the prescribed governmental service fee or charge shall, pursuant to Section 4-9-1310, become a lien on the property affected, not less than ten days' written notice shall be given to each affected property owner notifying such property owner of the nature and amount of the governmental service fee or charge and providing such property owner an opportunity, if desired and requested, to appear and be heard in person or by counsel before such persons designated by the county governing body.

(C) Following such hearing, if such be requested and held, action shall be taken by the county and notice of its decision shall be given to the property owner concerned not less than ten days prior to the effective date of the governmental service fee or charge.

(D) Any property owner aggrieved by the action of the county may, under the provisions of Chapter 7, Title 18, appeal to the court of common pleas for the county in which the property affected lies to have such court review the action taken by the county, at which time the court will determine the validity and reasonableness of the governmental service fee or charge so made.

(E) The county governing body shall provide for reasonable notice of and a meaningful opportunity to be heard regarding any subsequent increase in governmental service fees or charges.

(F) Governmental service fees or charges not intended to become liens in the case of nonpayment can be imposed and subsequently increased upon any user in the county without such notice and hearing.

Section 4-9-1330. The county council of any county may request the county treasurer to include on each tax notice the amount of any fees or charges imposed by the county for governmental services and provide for the collection thereof in the manner prescribed by law.

Section 4-9-1340. The powers granted herein are intended to be supplementary to any powers now existing."

Amend sections, totals and title to conform.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

On motion of Senator LEATHERMAN, with unanimous consent, the amendment was carried over.

Senator PASSAILAIGUE proposed the following Amendment No. 78 (PT\1248JM.94), which was adopted:

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

TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT FOR THE SALE OF COMMERCIAL ADVERTISING SPACE, AND TO PROVIDE FOR INCIDENTAL AND RELATED MATTERS.

Article 1, Chapter 9 of Title 11 is amended by adding:

"Section 11-9-140. (A) A state agency may contract to sell commercial advertising space in locations such as its publications, buildings, facilities, and on its vehicles, in exchange for cash payment. All money received pursuant to a contract entered into under this section must be deposited to the credit of the advertising contract fund, which is hereby created in the state treasury. Of the money credited to the fund, the state agency that contracted to sell the advertising space must be given forty percent of the revenues generated from the selling of space and reimbursed for expenses incurred. The money not given to the agency or instrumentality must be transferred to the general revenue fund.

(B) An advertisement displayed in advertising space sold under this section must meet the following restrictions:

(1) it must not promote or oppose any political candidate, issue, or organization;

(2) it must not be libelous and must not promote alcohol or tobacco or any illegal product or service;

(3) it must be tasteful, inoffensive, and not pornographic and must maintain the dignity, decorum, and aesthetics of the place where the advertisement appears;

(4) it must not promote discrimination on the basis of the race, color, religion, national origin, handicap, age, sex, or ancestry of any person;

(5) it must comply with any controlling federal or state regulations or restrictions, and any applicable local zoning or outdoor graphics regulations;

(6) it must clearly indicate the advertiser's identity and state that the advertiser is not the State or any state agency or instrumentality; and

(7) it must clearly indicate that the State does not endorse the product or service promoted by the advertisement and makes no representations about the accuracy of the advertisement or the quality or performance of the product or service promoted by the advertisement.

(C) Contracts entered into under this section must be awarded only by competitive bidding and to the highest bidder. Such a contract may be entered into only if there is a reasonable anticipation that the contract will produce a profit for the State or the contracting state agency or instrumentality. No state agency shall publish any document, construct any building or facility, or purchase any vehicle for the purpose of displaying advertisements if the publication, construction, or purchase is unnecessary to the ordinary conduct of its official duties. No state agency or instrumentality shall erect any freestanding outdoor billboard or sign pursuant to this section, except that to the extent allowed by federal law the Department of Transportation may erect at each roadside rest area under its control not more than three freestanding outdoor signs, each having a surface area for advertising space not exceeding forty square feet.

(D) No state agency shall artificially inflate expenses in connection with any contract entered into under this section.

(E) No person has a cause of action against the State or any state agency because of the content of or any representation made in an advertisement authorized by a contract entered into under this section.

(F) Upon the filing of a written objection by any individual that an advertisement placed pursuant to this section violates the restrictions on advertisements set forth, the governing board or authority of the respective agency shall make a determination regarding the alleged violation. If the board or authority determines that the advertisement violates the restrictions, it shall notify the state agency that sold the advertising space of the violation. The agency or instrumentality shall then take appropriate steps to promptly correct the violation.

(G) Not later than the thirty-first day of January of each year, the governing board or authority of each agency selling advertising space shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives describing the opportunities for and results of sales of commercial advertising space by that agency.

(H) The institutions of higher education and the South Carolina Department of Parks, Recreation and Tourism are exempt from the provisions of this section.

(I) Advertising is not permitted in or on the State House, the State House grounds, the office buildings located on those grounds, or the area designated as the Capitol Complex."/

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading.

Senator McCONNELL objected.

Senator MARTIN proposed the following Amendment No. 46B (4820R200.LAM), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND CHAPTER 23, TITLE 1 OF THE 1976 CODE, RELATING TO RULE MAKING AND ADJUDICATIONS, BY ADDING SECTION 1-23-375, SO AS TO REQUIRE ALL STATE AGENCIES WITH THE AUTHORITY TO IMPOSE CHARGES, FINES, FEES, LEVIES, OR PENALTIES PURSUANT TO STATUTORY OR REGULATORY AUTHORITY TO GIVE WRITTEN NOTICE TO ALL PERSONS SUBJECT TO OR AFFECTED BY SUCH ASSESSMENTS.

"Section 1-23-375. All state administrative or executive agencies which have the authority to impose charges, fines, fees, levies, or penalties, of any nature, pursuant to statutory or regulatory authorization, shall give written notice if requested to any person affected by or subject to the assessment prior to collection. The notice required pursuant to this section shall include an appropriate citation to the relevant statutory or regulatory provision which authorizes the imposition of the assessment. No assessment made by a state administrative or executive agency against an affected person shall be valid, absent express statutory or regulatory authorization."

Amend sections, totals and title to conform.

Senator MARTIN explained the amendment.

Senator MARTIN moved that the amendment be adopted.

The amendment was adopted.

Senator COURTNEY proposed the following Amendment No. 79 (JUD4820.011), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 14, Commission on Indigent Defense, page 534, Proviso 14.1, left column, line 20 by striking lines 20 through 21 and inserting the following:

/funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, Sections 14-1-206(C)(4), 14-1-207(C)(6), and 14-1-208(C)(6) and the application fee/

Amend the bill further, as and if amended, Part 1B, Section 14, Commission on Indigent Defense, page 534, Proviso 14.1, left column, by striking line 37 and inserting the following:

/Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned/

Amend sections, totals and title to conform.

Senator COURTNEY explained the amendment.

Senator COURTNEY moved that the amendment be adopted.

The amendment was adopted.

At 6:30 P.M., Senator JACKSON requested a leave of absence for the balance of the day.

At 6:35 P.M., Senator MACAULAY assumed the Chair.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was read the second time with notice of amendments on third reading and carrying over all amendments to third reading with all members reserving their rights to offer further perfecting amendments to the Bill.

At 7:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 9:30 A.M.

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