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.

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

Beloved, St. James can be counted on to take the practical approach to the issues of our common life. Hear him speak in the New International Version rendering Chapter 1 (v.2f):

"Consider it pure joy, my brothers, whenever

you face trials of many kinds, because you

know that the testing of your faith develops

perseverance. Perseverance must finish

its work so that you may be mature and

complete..."
Let us pray,

Dear Lord, whether in the world of unsophisticated evil in Somalia and the tribes of Africa or in the more sophisticated evil world of America the raw side of human nature comes bursting through in patterns of selfishness, greed and violence.

Help us to understand that some basic changes must be made in human nature because the law and armed force cannot make a man or a woman good.

We need a higher wisdom which the Bible calls love.

We know that if our kind of world is to become Your kind of world we must learn to persevere in the spirit of St. James when he spoke of being "peace-loving, considerate, open to reason, straightforward and sincere."

Make us wise and clever in Your realm for Jesus' sake.

Amen.

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

April 22, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1989, and to expire March 15, 1995:

1st Congressional District:

Ms. Wanda E. Hendricks-Bellamy, 1208 13th Avenue, Conway, S.C. 29526 VICE Willie E. Givens, Jr.

Referred to the Committee on Corrections and Penology.

May 2, 1994
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, South Carolina Mental Health Commission, with term to commence March 14, 1994, and to expire March 14, 1998:

6th Congressional District:

Laura R. Dawson, Ed.D., Route 2, Box 545, Denmark, S.C. 29042 VICE Elizabeth L. Forrester (as 6th Congressional District member)

Referred to the Committee on Medical Affairs.

May 6, 1994
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, Insurance Commission, with term to commence June 30, 1994, and to expire June 30, 2000:

4th Congressional District:

Mr. John P. Edwards, 112 West Round Hill Road, Greenville, S.C. 29609 VICE William S. Jones

Referred to the Committee on Banking and Insurance.

Initial Appointment, Member, South Carolina Foster Care Review Board, with term to commence June 30, 1994, and to expire June 30, 1998:

4th Congressional District:

Ms. Mary Lynn Melton, 470 Carolina Drive, Spartanburg, S.C. 29306-4538 VICE Carolyn M. Lee (resigned)

Referred to the General Committee.

Initial Appointment, Member, State Athletic Commission, with term to commence June 30, 1994, and to expire June 30, 1998:

3rd Congressional District:

Mr. Paul H. Kennemore, Jr., 814 Fairforest Drive, Greenwood, S.C. 29646 VICE Kenneth Russell Witt

Referred to the General Committee.

Senator WALDREP introduced Drs. J. Halford, Jr. and M.J. Strickland of Anderson, S.C., Doctors of the Day.

At 10:00 A.M., Senator O'DELL requested a leave of absence from 11:00 A.M. - 5:00 P.M.

At 10:05 A.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 10:30 A.M.

There was no objection and a message was sent to the House accordingly.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 1347 by a vote of 3 to 0:
(R434) S. 1347 -- Senator Peeler: AN ACT TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4919 -- Reps. T.C. Alexander and Graham: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4974 -- Reps. Boan and Hodges: A JOINT RESOLUTION PROVIDING THE USE OF FUNDS AND MAKING APPROPRIATIONS FROM PRUDENTIAL BACHE SETTLEMENT REVENUES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators MOORE, STILWELL and WASHINGTON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., May 11, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Wilkins, Hodges and Jennings of the Committee of Conference on the part of the House on:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
Speaker of the House

Received as information.

H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

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

There was no objection.

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

H. 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.

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

There was no objection.

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

The following were introduced:

S. 1408 -- Senator Courtney: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THAT COUNTY, AND TO ABOLISH THE COUNTY BOARD; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR ITS COMPOSITION AND CHAIRMAN, AND PROVIDE FOR ITS POWERS, FUNCTIONS, AND DUTIES; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY AND THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS OF THE COUNTY BY THE COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE FORMULA GUIDELINES AS DIRECTED BY THE OVERSIGHT COMMITTEE; AND TO REQUIRE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY BE SOLD AND THE PROCEEDS FROM THE SALE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY ATTENDANCE IN EACH OF THE SEVEN SCHOOL DISTRICTS IN THE COUNTY.

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

S. 1409 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

On motion of Senator PASSAILAIGUE, S. 1409 was ordered to receive a second and third reading on the next two consecutive legislative days.

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

S. 1410 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 1994, AS THE TIME TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE ERNEST A. FINNEY, JR., UPON HIS ELECTION AS CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO ELECT A FAMILY COURT JUDGE FROM THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM J. CRAINE, JR., WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM OF THE HONORABLE MARC H. WESTBROOK, WHOSE TERM EXPIRES JUNE 30, 1995, TO ELECT A FAMILY COURT JUDGE FROM THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THE HONORABLE DAVID N. WILBURN, JR., WHOSE TERM EXPIRES JUNE 30, 1998, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, TO SERVE FOR A FIVE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, TO SERVE FOR A THREE-YEAR TERM TO BEGIN FEBRUARY 1, 1995, AND TO ELECT A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, TO SERVE FOR A ONE-YEAR TERM TO BEGIN FEBRUARY 1, 1995.

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

S. 1411 -- Senators Wilson and Land: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE TO HIS EXCELLENCY NELSON MANDELA ON HIS ENTERING OFFICE AS EXECUTIVE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA, AND EXTENDING TO PRESIDENT MANDELA AND THE PEOPLE OF SOUTH AFRICA THE SENATE'S BEST WISHES FOR PEACE AND PROSPERITY.

The Senate Resolution was adopted.

S. 1412 -- Senators Macaulay and Giese: A CONCURRENT RESOLUTION TO COMMEND ALL OF THOSE WHO ARE INVOLVED IN PROVIDING EMERGENCY MEDICAL SERVICES TO THE CITIZENS IN THIS STATE AND TO REQUEST THE GOVERNOR TO PROCLAIM THE WEEK OF MAY 15-21, 1994, AS EMERGENCY MEDICAL SERVICES WEEK IN SOUTH CAROLINA IN THEIR HONOR.

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

H. 4758 -- Rep. Fulmer: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE I-526 BETWEEN GENERAL WESTMORELAND BRIDGE AT THE ASHLEY RIVER AND U.S. HIGHWAY 17 THE THEODORE TOBIAS MAPPUS, JR., EXCHANGE.

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

H. 4930 -- Reps. Davenport, Wilkes, Witherspoon, Harrelson, Stone, G. Brown, Hallman, Spearman, T.C. Alexander, Corning, McKay, Riser, Thomas, Kelley, Stille, Walker, R. Smith, Baker, Wofford, Littlejohn, Gamble, Cato, Robinson, Kirsh, Graham, Waites, Anderson and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE FEDERAL GOVERNMENT FROM INCREASING COSTS OF THE STATES BY REDUCING THE PROPORTION OF FEDERAL FUNDS TO THE STATES OR REQUIRING NEW OR INCREASED COSTS FOR MANDATED ACTIVITIES OR SERVICES WITHOUT FUNDING.

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

That pursuant to Article V of the Constitution of the United States, the General Assembly of the State of South Carolina memorializes the Congress of the United States of America, at its session, to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit the federal government from reducing the federally financed proportion of the necessary costs of any existing activity or service required of the states by federal law or from requiring a new activity or service or an increase in the level of an activity or service beyond that required of the states by existing federal law unless the federal government pays for any necessary increased costs.

Be it resolved that copies of this resolution be forwarded to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of this state's delegation to the Congress.

Referred to the Committee on Finance.

H. 4964 -- Reps. Davenport, Wilkes, Townsend, G. Brown, Stille, Moody-Lawrence, Inabinett, Harvin, Richardson, Lanford, Corning, Simrill, Haskins, Allison, D. Wilder, McElveen, Neal, Beatty, Stuart, Klauber, Law, Witherspoon, Baxley, Delleney, Canty, J. Bailey, McTeer and Riser: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE FINDINGS OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JANUARY 1, 1995, AND MUST INCLUDE RECOMMENDATIONS TO ELIMINATE OUT-DATED, DUPLICATIVE, OR UNNECESSARY REGULATIONS IMPOSED ON SCHOOLS.

Whereas, it is clear that public education in South Carolina must comply with substantial amounts of paperwork as a result of local and state regulations imposed on the schools; and

Whereas, the members of the General Assembly believe that to reduce or eliminate unnecessary paperwork and regulations would allow classroom teachers and administrators to focus more on classroom teaching and learning. Now, therefore,

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

That the members of the General Assembly direct the State Department of Education to compile a list of state and local regulations imposed on schools which it considers as unnecessarily burdensome. The findings of the department shall be reported to the General Assembly by January 1, 1995, and must include recommendations to eliminate out-dated, duplicative, or unnecessary regulations imposed on schools.

Be it further resolved that a copy of this resolution be forwarded to the State Department of Education.

Referred to the Committee on Education.

H. 5036 -- Reps. Gonzales, Cromer, A. Young, Hallman, Harwell, Quinn, R. Young, Holt, Fulmer, Richardson, Harrison, McKay, Wright, G. Bailey, Kelley, Koon, Stille, Witherspoon, Corning, Barber, Thomas, McCraw, Riser, McTeer, R. Smith, Lanford, Fair, Kirsh, G. Brown, Vaughn, Robinson, Haskins, Gamble, Jaskwhich, Wells, Meacham, Baker, Trotter, Moody-Lawrence, Littlejohn, Allison, Farr, Stoddard, Davenport, Stuart, Stone, Spearman, Wofford, Neilson, Clyborne and Harrelson: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE IMPOSITION OF RETROACTIVE TAXES.

Whereas, retroactive taxation is unfair to all taxpayers as it imposes tax consequences on previous transactions which cannot be altered and it unfairly burdens individuals by removing their ability to anticipate their tax liabilities and plan financially; and

Whereas, the imposition of retroactive taxes impairs the ability of employees and their employers both private and public to withhold sufficient funds to meet their tax obligations and creates an undue hardship on all elements of the national economy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, hereby urge the Congress of the United States to propose an amendment to the United States Constitution to prohibit the imposition of retroactive taxes.

Be it further resolved that a copy of this resolution be forwarded to the Secretary of the United States Senate, the Clerk of the United States House of Representatives, and each member of the South Carolina Congressional Delegation.

Referred to the Committee on Finance.

H. 5064 -- Reps. Clyborne and Mattos: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF PINE KNOLL DRIVE AND HIGHWAY 29 IN GREENVILLE COUNTY AS THE "LEVIS GILSTRAP INTERSECTION" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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

H. 5112 -- Rep. Boan: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.

Whereas, it has come to the attention of the members of the General Assembly that S.1114, presently pending before the United States Senate, attempts to change the allocation system for State Revolving Fund capitalization grants; and

Whereas, these allocations, as proposed, will significantly and adversely affect the state's ongoing efforts to remediate water quality issues facing many states; and

Whereas, it will be necessary to modify long range plans which were developed based on a presumption of funding levels consistent with the present allocation formula. Now, therefore,

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

That the members of the General Assembly urge the members of Congress to consider maintaining the current allocation system, and to oppose enacting legislation such as S.1114, which would impose a hardship on South Carolina and provide unexpected windfalls to other states.

Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation.

Referred to the Committee on Finance.

H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".

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

That the General Assembly of South Carolina requests the Department of Transportation to designate and name South Carolina Highway 23 beginning one mile east of the city limits of Ridge Spring and continuing one mile west of the city limits of Ridge Spring as "R. Clark Dubose Highway". The department also is requested to install appropriate markers and signs on the highway.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

H. 5122 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A CROSSING IN BEAUFORT COUNTY AS THE "MARINE CORPS MEMORIAL CROSSING".

Whereas, the citizens of Beaufort County and South Carolina wish to recognize all the men and women of the United States Marine Corps who have and will receive recruit training at the Marine Corps Recruit Depot at Paris Island as well as the Navy and Marine Corps personnel who provide this training, which is the finest in the world; and

Whereas, the citizens desire to express their gratitude and appreciation for the long and meaningful friendship between South Carolina's military and civilian communities. Now, therefore,

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

That the members of the General Assembly of South Carolina request the Department of Transportation to designate and name the crossing from Port Royal, over Battery Creek, and to Parris Island as the "Marine Corps Memorial Crossing". The department also is requested to install appropriate markers and signs on the crossing.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

H. 5123 -- Reps. Davenport, Littlejohn, Walker, Sharpe, Allison, Wells, D. Smith, Beatty, Phillips and Lanford: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ACT TO PRESERVE CONGRESSIONAL PREROGATIVES AND NATIONAL SOVEREIGNTY IN CONSIDERATION OF THE URUGUAY ROUND AGREEMENT.

Whereas, the Uruguay Round of the General Agreement on Tariffs and Trade has been negotiated and is scheduled for signature in Marrakesh, Morocco; and

Whereas, implementation of the Uruguay Round Agreement will require approval of the Congress of the United States; and

Whereas, the Uruguay Round Agreement focuses on both tariff and nontarriff barriers to trade, and as such, nations party to the agreement must conform service sector regulations, environmental and safety standards, and food service requirements to the agreement's provision or face mandatory sanctions; and

Whereas, these "nontarriff" barriers impact on the regulatory authority and legislature of this State in the same manner that the Congress is so limited; and

Whereas, implementation costs of the agreement, including revenue losses from tariff reductions, are estimated by Rep. Richard Gephart to cost forty billion dollars over the first ten years thus requiring spending cuts or tax increases, or both, in order to avoid increasing the federal deficit; and

Whereas, the agreement establishes the World Trade Organization that has significantly greater powers and broader functions than the existing GATT; and

Whereas, the agreement would deny the United States the right to impose unilaterally many of our most successful market opening tools, including Section 301; and

Whereas, it is essential that the Congress act to preserve national sovereignty and congressional and state prerogatives in any agreement governing the international trading system. Now, therefore,

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

That the Congress of the United States is memorialized to act to preserve congressional prerogatives and national sovereignty in the consideration of the Uruguay Round Agreement.

Be it further resolved that a copy of this resolution be forwarded to the members of the United States House of Representatives and United States Senate representing this State.

Referred to the Committee on Judiciary.

H. 5141 -- Reps. Harvin, Askins, Baxley, G. Brown, Canty, Cobb-Hunter, Harrelson, Harwell, Hines, Houck, Inabinett, McKay, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO RENAME THE "JOHN C. LAND LANDING" AT THE END OF SOUTH CAROLINA HIGHWAY 260 BELOW THE LAKE MARION DAM AS THE "BORROW PIT LANDING" AND TO RENAME THE "LOG JAM LANDING" ON TAWCAW CREEK ON LAKE MARION AS THE "LOG JAM LANDING-JOHN C. LAND SPORTSFISHING AND BOATING CENTER".

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

H. 5161 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROMPTLY ENACT LEGISLATION TO PROVIDE FOR MEDICAL CARE SAVINGS ACCOUNTS.

Whereas, thirty-seven million Americans are without health insurance and many more are under-insured because of the effects of rising health care costs. The costs of health care are escalating by as much as seventeen percent each year. This has forced employers to trim the level and availability of health care benefits to their employees; and

Whereas, polling of citizens shows that a substantial majority feel that affordable health care is the number one economic issue facing them; and

Whereas, over-utilization of medical services for relatively small claims is one of the most significant causes of health care cost increases. More than two-thirds of all insurance claims for medical spending are less than three thousand dollars each year for families in this country; and

Whereas, the concept of medical savings accounts has developed in response to the runaway cost increases of health care in this country. This initiative is designed to bring market forces to bear on health care and its financing. It is predicated on providing incentives to eliminate unnecessary medical treatment and encourage competition in seeking health care; and

Whereas, through employer-funded medical care savings and reduced cost catastrophic insurance policies, millions of Americans could insure themselves for both routine and major medical services. Under the concept of medical care savings accounts, an employer making annual premium payments of four thousand five hundred dollars per employee each year, the national average, would invest three thousand into a medical care bank account for each employee. From this amount, the employee would pay the first three thousand dollars of medical expenses. The remaining one thousand five hundred dollars of the employer's contribution would go toward the purchase of a group policy to cover catastrophic medical costs up to a specified limit. Any of the three thousand dollars not used to pay incurred medical bills belongs to the employee. This would be a strong incentive for people not to abuse health expenditures, and this concept also makes it more feasible for low income workers to seek preventive care and early intervention which they might otherwise be forced to forego due to high deductibles in traditional policies; and

Whereas, by making medical care decisions the employee's prerogative, individuals have a strong stake in reducing costs. This simple financial mechanism also will expand health insurance options to others who presently have no insurance. Most importantly, this move to decrease health care cost burdens in this country would require no new federal bureaucracy and would be revenue neutral to employers. Now, therefore,

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

That the members of the General Assembly of South Carolina hereby memorialize the Congress of the United States to promptly enact legislation to enable Americans to establish medical care savings accounts.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the South Carolina Congressional Delegation.

Referred to the Committee on Medical Affairs.

H. 5189 -- Reps. Phillips, McCraw, Farr, Littlejohn, Walker, Wells, Lanford, Allison and D. Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO DEVELOP AND APPROVE QUICKLY THE NATIONAL HIGHWAY SYSTEM NO LATER THAN SEPTEMBER 30, 1994.

Whereas, a modern, well maintained, efficient, and interconnected transportation system is vital to the economic growth and health and the global competitiveness of our State and the entire nation; and

Whereas, the highway network is the backbone of a transportation system for the movement of people, goods, and internodal connectivity; and

Whereas, it is critical to effectively address highway transportation needs through appropriate transportation plans and program investments; and

Whereas, the 1991 Internodal Surface Transportation Efficiency Act (ISTEA) established the concept of a one hundred fifty-five thousand mile National Highway System which includes the Interstate System; and

Whereas, on December 9, 1993, the United States Department of Transportation transmitted to Congress a one hundred fifty-nine thousand mile proposed National Highway System which identified one hundred four port facilities, one hundred forty-three airports, one hundred ninety-one rail-truck terminals, three hundred twenty-one Amtrack stations, and three hundred nineteen transit terminals; and

Whereas, ISTEA requires that the National Highway System and interstate maintenance funds not be released to the states if the system is not improved by September 30, 1994; and

Whereas, the uncertainty associated with the future of the National Highway System precludes the possibility of the State to effectively undertake the necessary and properly developed planning and programming activities. Now, therefore,

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

That the members of the General Assembly memorialize the Congress of the United States to develop and approve quickly the National Highway System no later than September 30, 1994.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Clerk of the United States House of Representatives, the President of the United States Senate, and the South Carolina Congressional Delegation.

Referred to the Committee on Transportation.

H. 5208 -- Reps. Townsend, P. Harris, Chamblee, Cooper, Stille and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE W.N. "BILL" CLINKSCALES OF BELTON, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 5209 -- Rep. Harrell: A CONCURRENT RESOLUTION CONGRATULATING MIDDLETON HIGH SCHOOL OF CHARLESTON ON WINNING THE STATE FINALS OF THE SOUTH CAROLINA BAR'S MOCK TRIAL COMPETITION.

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

H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.

Read the first time and referred to the General Committee.

S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.

The House returned the Bill with amendments.

Senator RICHTER explained the amendment.

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

S. 1281 -- Senator Martin: A CONCURRENT RESOLUTION URGING THE CITIZENS STAMP ADVISORY COMMITTEE TO HONOR THE LATE HENRY MARTYN ROBERT, ORIGINAL AUTHOR OF "ROBERT'S RULES OF ORDER".

Returned with concurrence.

Received as information.

S. 1282 -- Senator Moore: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CHANGE THE NAME OF THE JOHN L. HIXON BRIDGE IN THE NORTH AUGUSTA AREA TO THE JOHN L. HIXON INTERCHANGE.

Returned with concurrence.

Received as information.

S. 1353 -- Senator Drummond: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.

Returned with concurrence.

Received as information.

S. 1355 -- Senator Washington: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE CROSSWALK AT SECONDARY ROAD S-428 OVER INTERSTATE HIGHWAY I-95 IN RIDGELAND, JASPER COUNTY, AS THE "JUANITA M. WHITE CROSSWALK" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Returned with concurrence.

Received as information.

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

Returned with concurrence.

Received as information.

S. 1398 -- Senator Setzler: A CONCURRENT RESOLUTION PROCLAIMING THE MONTH OF MAY AS "CERTIFIED INTERNAL AUDITOR MONTH".

Returned with concurrence.

Received as information.

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

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

H. 4143 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF NOVEMBER 30-DECEMBER 3, 1992, MISSED BY THE STUDENTS OF BARR STREET JUNIOR HIGH SCHOOL IN LANCASTER COUNTY, AND THE SCHOOL DAYS OF DECEMBER 3, 4, AND 7 OF 1992 MISSED BY THE STUDENTS OF THE DOBSON ELEMENTARY SCHOOL IN LANCASTER COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(By prior motion of Senator GREGORY)

H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: A BILL TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.

(By prior motion of Senator ROSE)

H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

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.

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.

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

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

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.

Senator MACAULAY explained the Bill.

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.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

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

The Education Committee proposed the following amendment (4036.01), which was adopted:

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

/SECTION 1. Title 59 of the 1976 Code is amended by adding:

Section 59-50-10. There is established the South Carolina Governor's School for the Arts and Humanities to provide training for exceptional artistically talented students and serve as a research and resource center for all students and teachers in South Carolina. The school is dedicated to serving talented students in South Carolina who show exceptional talent, promise, aptitude, and interest in creative writing, dance, music, theater, and the visual arts. This residential school shall provide intensive preprofessional and professional instruction in the arts and a strong academic and humanities program which will lead to a high school diploma and college credits.

Section 59-50-20. The school is governed by a board of directors composed of not more than fifteen members, as follows:

(1) one member from each congressional district, appointed by the Governor;

(2) four members from the State at large, appointed by the Governor;

(3) the Chairman of the Joint Legislative Committee on Cultural Affairs who serves ex officio;

(4) the State Superintendent of Education who serves ex officio;

(5) the Executive Director of the Commission on Higher Education who serves ex officio;

(6) two other members may be appointed at the discretion of the Governor and the chief administrative officer of the school if determined to be beneficial to the development of the school.

Members appointed by the Governor serve for terms of four years and until their successors are appointed and qualify, except that of those first appointed, the members representing the First, Second, and Third Congressional Districts and two at-large members serve for terms of two years and until their successors are appointed and qualify. Members receive mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions.

In making the appointments, the Governor shall seek to obtain the most qualified persons from business, industry, and the educational and arts communities.

The board of directors shall explore renovating or building appropriate facilities for the school.

Section 59-50-30. The board shall establish and approve the curriculum of study. The curriculum shall include intensive, in-depth, preprofessional instruction in the arts as well as a broad based innovative academic and humanities program which constitutes the Southern Association and the state department approved courses of study and requirements for graduation. The program also must include advanced academic studies.

Section 59-50-40. The school shall admit students in accordance with the admission criteria, standards, and procedures as established and approved by the board. To be eligible for admission to the school, an applicant must be a legal resident of South Carolina unless a special exemption is established to accept out-of-state or international exchange students or until the Governor and board change the requirement. Students must be identified as artistically talented and possess a high level of commitment, motivation, and maturity. The board shall assure, as far as possible and without jeopardizing admission standards, that an equal number of students are admitted from each of the state's congressional districts.

Section 59-50-50. The chief administrative officer of the school is the executive director, who is appointed by the board, serves at its pleasure, and administers all affairs of the school, subject to policies, rules and regulations adopted by the board. The executive director or his designee serves as secretary of the board of directors and reports at all board meetings and annually to the board on the status of the school, its needs and recommendations to carry the school forward to fulfill its mission.

Section 59-50-60. The board of directors may adopt policies and regulations necessary for the operation and management of the school.

Section 59-50-70. The board shall establish a foundation and maintain an endowment fund for the school."

SECTION 2. There is created a study committee which shall determine the desirability and feasibility of providing additional state funding to establish a year-round Governor's School for the Arts and Humanities, recommend the location of such a school, and review the issue of access for students from all geographic locations within the State and with limited economic means. The study committee consists of seven members as follows:

(1) one member of the House Ways and Means Committee appointed by the Speaker of the House;

(2) one member of the House Education and Public Works Committee appointed by the Speaker of the House;

(3) one member of the Senate Finance Committee appointed by the chairman of the committee;

(4) one member of the Senate Education Committee appointed by the chairman of the committee;

(5) the State Superintendent of Education or the superintendent's designee;

(6) the chairman of the Commission on Higher Education or the chairman's designee; and

(7) one member appointed by the Governor.

The study committee shall report its findings to the General Assembly no later than February 1,1995, and the study committee terminates when the report is made.

SECTION 3. SECTION 1 of this act takes effect on July 1, 1995, and SECTION 2 takes effect upon approval of this act by the Governor./

Amend title to conform.

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

H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed by Senator GIESE.

Senator GIESE proposed the following amendment (JIC\5905HTC.94), which was adopted:

Amend the bill, as and if amended, in the second unnumbered paragraph of Section 9-1-1140, as contained in SECTION 1, page 1, line 41, by striking the quotation mark and inserting:

/For purposes of this paragraph, maternity leave includes paternity leave."/

Amend title to conform.

Senator GIESE explained the amendment.

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

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

S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.

(By prior motion of Senator GREGORY)

S. 1112 -- Senator Ryberg: A BILL TO AMEND SECTION 59-63-240 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPULSION FROM SCHOOL FOR THE REMAINDER OF THE YEAR, SO AS TO PROVIDE THAT THE IDENTITY OF A STUDENT WHO INFORMS A TEACHER OR AN ADMINISTRATOR THAT ANOTHER STUDENT IS IN POSSESSION OF A FIREARM ON SCHOOL PROPERTY OR AT A SCHOOL-SPONSORED EVENT SHALL BE DEEMED CONFIDENTIAL.

S. 1133 -- Senator Washington: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.

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

S. 1325 -- Senators Moore, Short and Jackson: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.

H. 3603 -- Reps. P. Harris, Sturkie, Carnell, Harrison, Corning, Shissias, Cooper, Stille, Tucker, Neal, McAbee, Snow, Townsend, Riser, Byrd, J. Bailey, J. Brown and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-175 SO AS TO AUTHORIZE THE DIVISION OF GENERAL SERVICES TO ENACT A MEMORIAL ON THE STATE HOUSE GROUNDS TO HONOR STATE OR LOCAL LAW ENFORCEMENT OFFICERS WHO HAVE LOST THEIR LIVES IN THE LINE OF DUTY.

H. 5076 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION AND RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment (4971.01) proposed by Senators PASSAILAIGUE, RICHTER and SETZLER and previously printed in the Journal of Wednesday, May 11, 1994.

On motion of Senator PASSAILAIGUE, the Resolution was recommitted to the Committee on Education.

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

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

The Transportation Committee proposed the following amendment (DKA\3380BDW.94):

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

/SECTION 1. Chapter 23, Title 57 of the 1976 Code is amended by adding:

Section 57-23-50. There is created a Scenic Highways Committee composed of eleven members as follows:

(1) the Director of the Department of Transportation, or his designee;

(2) the Chairman of the South Carolina Department of Parks, Recreation and Tourism Commission, or his designee;

(3) two representatives of the outdoor advertising industry who are active members of an organization such as the Outdoor Advertising Association of South Carolina;

(4) a representative of the South Carolina hotel and motel industry;

(5) a representative of the agricultural industry who is active in an organization such as the State Farm Bureau;

(6) a representative of the petroleum marketing industry;

(7) a representative of the tourism industry in South Carolina;

(8) a representative of highway beautification efforts, such as South Carolina Clean and Beautiful;

(9) a representative involved with parks and recreation, such as the South Carolina Recreation and Park Association;

(10) a member of the general public appointed by the Governor.

Section 57-23-60. The committee shall select a chairman at its first meeting and meet at least twice annually. A majority of the members present constitute a quorum for purposes of conducting business. The committee shall recommend criteria for a scenic highway which must be forwarded to the General Assembly for approval. In developing the criteria the committee shall consider the scenic, cultural, historic, commercial, and economic significance of the road and area. The committee shall coordinate development of these criteria in conjunction with the criteria for scenic highways being developed by the federal highway administration.

Section 57-23-70. A written request for designating a scenic highway must be sent to the Director of the Department of Transportation who shall forward the request to other members of the committee. The committee shall review the request and make a recommendation based on the criteria established by it to the General Assembly regarding the request. A majority of the members may call for a public hearing to be held at the location where the scenic highway is proposed.

Section 57-23-80. After the committee recommends designating a road as a scenic highway, the recommendation must be transmitted to the General Assembly."

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

Amend title to conform.

Senator MARTIN explained the amendment.

On motion of Senator GIESE, the committee amendment, along with the Bill was carried over.

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

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

H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.

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

H. 3692 -- Reps. Vaughn, Waldrop, J. Bailey, Hines, Farr, Kirsh, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Wofford, Chamblee, Corning, Cato, Holt, Harrelson, Davenport, Moody-Lawrence, P. Harris, Gonzales, Witherspoon, Cooper, Byrd, Riser, Wright, D. Wilder, Mattos, Houck, Jaskwhich and Klauber: A BILL TO AMEND SECTION 20-7-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ADOPTIONS, SO AS TO REVISE THE DEFINITION OF CHILD PLACING AGENCY.

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

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.

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

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 10:30 A.M. and the following Acts and Joint Resolutions were ratified:

(R445) S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS AND UNDER CERTAIN CONDITIONS AGAINST THE PARENTS OF MINORS WHO ARE SHOPLIFTERS.

(R446) S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: AN ACT TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS AND SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE MUST BE FILED WITH THE SECRETARY OF STATE AND THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

(R447) S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: AN ACT TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.

(R448) S. 1287 -- Senators Richter and Stilwell: AN ACT TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.

(R449) S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R450) S. 1330 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING, AND REGULATION, RELATING TO THE PRACTICE OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1729, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R451) H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET AND TO PROVIDE THAT PROVISIONS OF THIS ACT ARE REPEALED IN THREE YEARS.

(R452) H. 4347 -- Reps. Neilson, Corning and Rudnick: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1555 SO AS TO ABOLISH THE "TENDER YEARS DOCTRINE" REGARDING THE PREFERENCE FOR AWARDING CUSTODY TO A MOTHER OF A CHILD OF TENDER YEARS.

(R453) H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: AN ACT TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.

(R454) H. 4480 -- Reps. Snow, Inabinett and Law: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.

(R455) H. 4511 -- Reps. Snow and D. Smith: AN ACT TO PROVIDE THAT IT IS NOT NECESSARY IN ORDER TO PERFECT A VALID WRITTEN ASSIGNMENT OF A MORTGAGE OR OTHER AGREEMENT MORTGAGING REAL PROPERTY OR AN INTEREST IN REAL PROPERTY, WHICH IS PLEDGED AS SECURITY FOR AN OBLIGATION INVOLVING FARM CREDIT SYSTEM INSTITUTIONS, TO RECORD THE WRITTEN ASSIGNMENT IN THE OFFICE OF THE CLERK OF COURT OR OTHER RECORDING OFFICE IN THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED; TO PROVIDE THAT A TRANSFER OF THE PROMISSORY NOTE OR OTHER INSTRUMENT SECURED BY THE MORTGAGE OR OTHER SECURITY INSTRUMENT BY AN ASSIGNMENT OF NOTE TO A FARM CREDIT SYSTEM INSTITUTION CONSTITUTES AN EFFECTIVE ASSIGNMENT OF THE MORTGAGE OR OTHER SECURITY INSTRUMENT; AND TO PROVIDE FOR RELATED MATTERS.

(R456) H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: AN ACT TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT A MAXIMUM OF TWELVE CREDIT HOURS EARNED IN A TWELVE-MONTH PERIOD MAY BE CARRIED FORWARD TO THE NEXT BIENNIAL CONTINUING INSURANCE EDUCATION PERIOD, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD; AND TO PROVIDE THAT THIS ACT APPLIES TO ALL HOURS OF CONTINUING INSURANCE EDUCATION TAKEN BY AN INSURANCE AGENT WHO IS SUBJECT TO SECTION 38-43-106.

(R457) H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: AN ACT TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS, TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS, AND TO PROVIDE THAT APPOINTMENTS MUST BE WITH THE ADVICE AND CONSENT OF THE SENATE; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

(R458) H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: AN ACT TO AMEND SECTION 40-36-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE BOARD OF OCCUPATIONAL THERAPY, SO AS TO REQUIRE THAT THE GOVERNOR'S APPOINTMENTS TO THE BOARD MUST BE WITH THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 40-36-120, AS AMENDED, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION, ROSTERS, AND MAIL LIST FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

(R459) H. 4630 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: AN ACT TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT UPON THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.

(R460) H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: AN ACT TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD, LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS, AND PROVIDE THAT A MEMBER SERVING ON JULY 1, 1994, MAY SERVE UNTIL THE EXPIRATION OF THE TERM FOR WHICH HE WAS ELECTED AND MAY SERVE TWO ADDITIONAL TERMS.

(R461) H. 4749 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO LIABILITY INSURANCE FOR MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 206 (DKA\3426BDW.94), proposed by Senators WASHINGTON, LAND, PATTERSON, JACKSON and MATTHEWS on May 11, 1994.

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

TO CREATE THE CIRCLE OF FLAGS ON THE STATE HOUSE GROUNDS, A DISPLAY WHICH CONSISTS OF TEN FLAGS OF HISTORICAL SIGNIFICANCE TO THE STATE OF SOUTH CAROLINA.

A. (A) There is established on the State House grounds, adjacent to the Capitol Building, The Circle of Flags. The Circle of Flags must be constructed so it is a self-guided walking tour.

(B) The beginning point and centerpiece of The Circle of Flags must be a display housing the:

(1) Stars and Stripes, the current United States Flag with its fifty stars;

(2) Palmetto State Flag, created by General Moultrie and flown continuously as our state banner since January 28, 1861;

(3) Stars and Bars, first officially flown outside the Confederate Capitol Building on March 4, 1861.

(C) The second display in The Circle of Flags must have the:

(1) Union Jack, which flew over this State while it was a British colony;

(2) flag flown by General Moultrie and his troops at Fort Moultrie in the first decisive victory of the Revolutionary War involving land and naval forces.

(D) The third display in The Circle of Flags must include the original United States Flag created by Betsy Ross with its thirteen stars and thirteen stripes. This flag is considered the first officially adopted flag of this country.

(E) The fourth display in The Circle of Flags must contain two flags from the Civil War as follows:

(1) the Confederate Battle Flag;

(2) the Big Red, the flag flown by cadets from the Citadel as they fired on Fort Sumter.

(F) The fifth and closing display in The Circle of Flags must include the flag of the 1st South Carolina Volunteer Infantry Regiment (African Descent), redesignated as the 33rd United States Colored Troops, and the flag of the 54th Massachusetts Infantry Regiment. These groups, consisting of soldiers of African descent, served on the Union side during the Civil War and participated in several battles in South Carolina.

(G) Each display in The Circle of Flags must house a pedestal with information about each flag explaining the flag's origin and significance and its role in South Carolina's past.

(H) The purpose of The Circle of Flags is to ensure that each of the flags included in it assumes its proper place with respect to the history of South Carolina.

B. The Circle of Flags must be constructed on the State House grounds adjacent to the Capitol Building in conjunction with the planned refurbishing of the State House and completed by the time the State House refurbishing is finished. It must be paid for from funds provided in Section 17, General Services, State House Renovations for Fiscal Year 1994-95 in the General Appropriations Act. After the renovations are completed, only the United States Flag and the South Carolina State Flag may fly atop the State House.

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

Amend sections, totals and title to conform.

The amendment was withdrawn.

Senator J. VERNE SMITH argued contra to the adoption of the amendment.

Senator J. VERNE SMITH 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 Holland
Jackson Land Lander
Leatherman Leventis Martin
Matthews McConnell McGill
Mescher Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

At 10:40 A.M., Senator MOORE assumed the Chair.

Senator J. VERNE SMITH argued contra to the adoption of Amendment No. 206.

At 10:52 A.M., the PRESIDENT assumed the Chair.

Senator J. VERNE SMITH continued arguing contra to the adoption of the amendment.

"I was working about 65 hours a week to try to support my family. And I saw the bus stop and the black people getting off that bus and they wouldn't let them go into the rest room in the bus stop. They would have to come around behind the hotel and get around by the trash box to go to the bathroom. I went over to see the man who owned the bus stop and said you aren't doing those folks right. They got a ticket like everybody else and you won't let them come in there. 'Well this is my place and none of your business'. I said I tell you what to do. You tell those black people if they want a place to go to the bathroom come across the street to The Tire Exchange. It was the first integrated rest room in Greer, South Carolina, little ole' Verne Smith.

I had three or four fellows saying, I thought I'd never see that, I'll never spend another dime with you. I said I sure do hate it but I'm going to try to make it without you. Sure do hate it, but I'm going to try and make it without you.

Whenever the bill passed to integrate the schools, Senator Washington, when they passed the bill to integrate the schools. Who was it that organized the bi-racial group in my community? Who was chairman of it? Verne Smith. Who was it that got his teenage boy and several of them, to meet the bus down at formerly the black school? It had been separate but equal and I went down there to see about it, and it smelled so bad, the rest room smelled so bad, it was a sin before God. Who got down there and scrubbed that rest room and got it clean? Verne Smith and his son Jeff. And they said that those old mean hate mongers, white people I'm talking about now, said they were going to meet that bus whenever they started integrating that school and they were going to stop it with ax hammers. Who met that bus and stood there with those black children and those white children. It wasn't the NAACP, it was Verne Smith. So don't tell me that I got to be ashamed of my people. I'm thankful and proud of the Christian heritage I come from. I fall far short of being what I ought to be, I get mad and I cuss and I fight and I'm praying to God I won't do it this morning, please Lord don't let me do it. And I haven't even cried. I wanted to read you what's on that Confederate Monument out therethat Bill Gibson wants to keep it back where you can't see it. I want to read what's on that monument to the Women of South Carolina widows and women of the Confederacy, but I can't read it without crying, down in my heart deep. Never in the history of the world had more responsibility been put on women of any race, creed or color, than the white women of the South during the war between the states and reconstructuring and the hundred years since. The women of South Carolina, widows, held this state together and raised these children -- Dug it out of the ground to feed them, clothe them -- Wasn't no welfare. It's the only people the United States government has ever conquered without having rebuilding funds. They didn't have any reconstructuring. They exploited us, took our land away from us.

Now I want to get off of that because I want to forget all animosities and make my sons Americans. But you can't change history. We can't change the hideous destituteness of slavery either. I could never try to justify slavery, no! No, I couldn't justify slavery. And I can't justify segregation, no! Those are some of the problems that's held our state back many years. We're getting over that. Now we got a minority that wants to come and divide us again. Say you ashamed of your people, your grand-daddy, your grand-mama, your great-grand-daddy, we ashamed of them. That's not acceptable to me and it never will be acceptable to me. Now I don't want to filibuster, and I want you to know everybody that's on that bill to take that flag down I love you and respect you. You've got a right to feel like you do, I think you're wrong. But every person that's elected to the South Carolina Senate I love and respect because I know what you went through to get here. Because I've been through it. And you got a right to have the opinion to represent your people the way you think is right. And I don't want to do it at the expense of your people and I don't want you to do it at the expense of my people. I yield the floor."

On motion of Senator WILSON, with unanimous consent, ordered printed in the Journal.

Senator COURSON argued contra to the adoption of the amendment.

Mr. President and members of the Senate, it is going to be tough to follow the eloquence of the Senator from Greenville (Senator J. Verne Smith), but I would like to make a few remarks on this subject - the Confederate Battle Flag. When I arrived in the Senate this morning, I had a brief chat with the Senator from Clarendon (Senator John C. Land, III). I conveyed to him that I was very angry. I am mad because the Battle Flag is being debated in the South Carolina Appropriation Bill.

I am a baseball aficionado, and I had to go down to the AMTRAK station this morning and cancel my train reservations to go to Boston, Massachusetts. I was going to see my favorite club - the Red Sox - play baseball this weekend.

While I was in Boston, I planned to go over and visit the monument of the 54th Massachusetts which is located on Boston Commons, Senator from Richland (Senator Kay Patterson). Three years ago I visited the same monument and brought back miniature soldiers of that unit and distributed them to members of the Senate Black Caucus. Ladies and gentlemen, I think that we in South Carolina - and in the South - need a reality check. Where we are, where we have come from, and where we are going.

If one reflects back to yesterday where, in Joint Assembly, we elected as Chief Justice of the Supreme Court of the State of South Carolina, Judge Ernest Finney, who happens to be a black attorney from Sumter. When I looked up in the gallery in the House Chamber, I did not think of him being a black man or a white man. I thought of him as being a South Carolinian. We are making progress in this State. We elected in this State a Miss South Carolina - who lives in my Senate district - who happens to be black. She is now Miss America, and I am proud of her. Let us talk about politics for just a moment, because this issue keeps coming up. The Senator from Greenville (Senator J. Verne Smith), Senator from Charleston (Senator Glenn F. McConnell), Senator from Lexington (Senator Addison Graves "Joe" Wilson), and I did not initiate this battle. This is not something we wanted. We are responding to the constant attacks on our heritage. Let me talk to you a moment about politics in South Carolina. Reflect back to 1992 for just a moment. There was a man named David Duke from Louisiana who was running for President of the United States. In recent elections in Louisiana, he came very close to winning the Governorship and a United States Senate seat. He was supposed to be a formidable candidate for the presidential election in 1992, particularly in the South. In South Carolina in 1992, we had the first Southern Republican Primary. Mr. Duke received five percent of the vote. We buried him politically. You have not heard from him since he was soundly defeated in the South Carolina Presidential Primary. We eliminated David Duke, and we can be very proud of this occurrence.

The Senator from Richland (Senator Kay Patterson), a mutual friend of ours - Congressman Jim Clyburn - was elected to Congress from the Palmetto State as the first black of this century. He won this seat with bipartisan support and biracial support. He won the Democratic Primary because he had a lot of blacks and whites involved in his campaign.

These two occurrences are signal events concerning the political structure of the Palmetto State. My support of the Confederate Battle Flag is predicated on the fact that it is a military banner. Period. My ancestors and my wife's descendents fought under the Battle Flag, and some of them died in that horrific conflict. I resent very much individuals and political groups on the political right and the political left misusing that banner for their particular political agenda.

The irony of all this is - the Senator from Charleston (Senator Glenn F. McConnell) - it never flew over the State House during the War Between the States. It was strictly a military flag used by Southern troops on the regimental level in combat. I hope as we conclude the rest of this decade - and we will be approaching the new millennium in six years - that we can learn to respect all of our icons and symbols and move forward together as a state.

We are a unique state. We are a unique region of this country. We are the only area of this country that has lost a war. All of us are unique - black South Carolinians - white South Carolinians - people that have moved in from other states and countries - we are all South Carolinians. If we are going to go forward and make progress, we have to take all of our icons and symbols forward with us. I hope that some day - perhaps by the year two thousand - we can all stand on the State House steps and sing "Dixie" - together - and "Lift Every Voice and Sing." Both songs were written by Southerners who happen to be black.

We have to learn to respect one another. We have to respect each other's heritage. We cannot build a pluralistic South Carolina by denigrating anyone's heritage.

Mr. President and members of the Senate, thank you for your attention and for allowing me to share my thoughts on this issue.

On motion of Senator WILSON, with unanimous consent, ordered printed in the Journal.

Senator JACKSON argued in favor of the adoption of the amendment.

Thank you Mr. President. Let me first say, that I had no intentions to speak on this subject and had no intentions to address the flag during this period as we discuss the budget; but as Senator Washington brought it up, it dawned on me that there are some things that I need to say.

First of all, let me say to Senator Verne Smith that there is nobody in this body that I respect any more than I respect you. As a matter of fact, I said to my wife that Senator Verne Smith is the only white man that I have ever called uncle and I tell you affectionately when I refer to you as Uncle Verne.

It took a lot for me, an African-American male growing up in Richland County, to look at you and say Uncle Verne, but I said that in affection to you and I certainly mean that -- and to Senator Marshall Williams and others who have certainly been an inspiration to me since I have been in this body.

But I think that there are a couple of things that we ought to keep in mind. No one has ever asked to make the confederate flag illegal. No one has ever asked to do to the flag what Germany did to the Swastika(sp). It is not a comparison between those two emblems. Senator Courson has made me and led me to understand that no one has ever asked us to dishonor and discard the confederate flag. But the only issue that I've ever raised since I was here was whether the dome of the state capitol was the most appropriate place to put that flag, particularly if we said, and I've heard it said here today, and I've heard it said for the two years that I've been here, that it is to display heritage. Then, I ask you this question: Is that the best place in our State to display heritage?

I am one who took a lot of flack from other sides for proposing compromises. This is a fight that I did not need to fight. I have a unique senate district. My district is 50% white and 50% black. When I ran for the Senate I was told that there was no way you can get white votes. I was told not to go to Calhoun County that they would never vote for a young black man and I'm proud to stand here today and say when the votes were tallied, I received 65% of the total vote and carried Calhoun County and I did that with pride because I think that I gave them a message that all of us could live by. So the question is not to dishonor the flag, but what I want you to remember is: Is this the best place?

Let me remind you of an incident that happened in South Carolina. Do you remember the year 1981, maybe 1982. You who are Clemson graduates certainly do remember when Clemson University, Sen. Land, won the national championship. Their flag was raised on that dome. Am I right about it? For a period of time, and I was told that it did not, and I'm sure because it is not up there now, it did not stay and there were many Gamecock fans who raised holy sand about raising Clemson's flag on the dome. But it was raised for a specific purpose to honor the University for its achievement. This is a story that was shared with me.

The other thing that I want you to really understand is this. As we live in 1994, we must realize that we must be tolerant of other's history. Sen. Courson I know it disturbs you to hear folks refer to this flag as the Nazi symbol. And I know, Sen. Smith, how you must feel when you hear people talk about your ancestors in a negative light and I will never do that. But let me ask you something. How do you think we feel when you stand behind this podium and refer to the Reconstruction as that horrible, terrible period in our history? How do you think it makes us feel when during that period we had a black Lt. Governor? During that period there was a black congressman from South Carolina who went to Washington. There were black legislators in this State. How do you think my sons feel when I tell them to look at that period with pride and look at that period as a point of achievement that your ancestors made and to hear leaders now refer to that, even in the books of South Carolina? My great friend, Senator McConnell from Charleston, even during the hearings, I heard mention of the Reconstruction period as that great horrible period of our history--that is not tolerance, that is not tolerance, that is not what builds bridges, because that is something that many of us look at with pride.

As a young African-American male growing up, my grandfather, who only finished the second grade -- I want to tell you a little history too -- his father was born a slave. His name was Ishmael Jackson. He was born a slave on the Adams plantation in Lower Richland County. The name Jackson was given to him because the plantation foreman's name was Richard Jackson. And Richard Jackson had four children by my great-grandfather's mother. They all assumed his name, Jackson. Ishmael, my great-grandfather, had another brother whose name we can't remember. But one day his brother decided that it's not right for us to work for nothing and it's not right for us to be whipped when we only want to learn how to read. And one day when my great-grandfather, Ishmael, was seven or eight years old, he came home and found his brother hanging from an oak tree. This is also a part of our history. I am not proud of that. That is not anything that I blame you for. All I'm saying is that we must realize that there are always two sides to every coin and as I respect the history of the confederacy, I respect all those great leaders who fought for what they believed in.

I also ask you if you would respect a history that you may not be aware of. If you will respect Reconstruction as a period when African-Americans at least had an opportunity to try to leave. And we understand that many of these leaders weren't educated in the finest institutions in our country but they did what they could with what they had.

And finally, let me end by telling you this. Yesterday was a historical day for South Carolina. It was a day that I will always remember and cherish. And if I don't ever get back to this body, if I'm never re-elected or if I decide to never run again, I thank God that I was able to see a day when a Senator from Clarendon County took the floor and made one of the greatest speeches I've heard concerning a black future chief justice of the South Carolina Supreme Court. This is the future of South Carolina; that is something that all of us can embrace.

Never once have I ever asked for that flag to be a place of embarrassment. I am even willing to say take it and let's fly it next to the monument and I disagree with Dr. Gibson. I would never propose doing away with the monument. I have even proposed taking it and flying it next to the monument which faces Main Street. Give it a pole of its own. Fly it every day of the year, next to Main Street, next to the monument, even more visible than on the dome of the state capitol. That is because I believe that the flag is not an embarrassment; but the dome of the state capitol is not a place to display heritage. It is a place to display sovereignty.

Thank you very much and I really do appreciate the opportunity that you have given me.

On motion of Senator WILSON, with unanimous consent, ordered printed in the Journal.

Senator McCONNELL argued contra to the adoption of the amendment.

Ladies and Gentlemen of the Senate:

I wish to follow my other two colleagues and also thank the Senator from Richland for his remarks. My remarks about Reconstruction come from the perspective from which I know it also, and I do not transgress upon what those African-Americans tried to do when they did get the mantle of authority, because I am also aware of what the Carpetbaggers did to exploit them and to use them for their own personal gain. But I want to take each member of the Senate back because, I think, when you look from a historical standpoint at the Battle Flag, you can begin very easily to understand why the hearts of many of us are in this so deeply.

It goes back to the beginnings of that War--all the way back to 1803 and coming forward. From the Louisiana Purchase when some of the New England States threatened to secede because they thought there would be more Southern States than Northern States and they (the Northern States) would be outnumbered. To the War of 1812, when the New England States with the Conscription Acts didn't want to fight the British so they threatened to pull out of the Union. The Hartford Convention was when they threatened to pull out. In 1843, with the admission of Texas to the Union, the State of Massachusetts said it was going to get out if we brought Texas in. The reason I bring that to you is because those people who stood in 1860, were the direct descendants of those who had framed the Constitution of the United States. And, their forefathers had taught them that the compact which they had entered, they could leave freely and voluntarily. It was with that understanding that they felt when the great challenge came, they could pull out. Seven of the Southern States did pull out of the Union; Virginia and other States did not pull out at that time. It was not until Lincoln ordered troops up to invade the seven seceding Southern States that Virginia and North Carolina and two other States pulled out to create the 11 States. Why? Because their understanding of the Constitution was as our forefathers' was-- and it was the right to secession. Slavery existed. Yes, it became an issue in the War. I am reminded of what Lincoln wrote Horace Greeley in 1862. I will not read all of it but simply tell you that I have it if you wish to read where he says, if it was to free one slave to save the Union, I would do so. If it was to free no slaves to save the Union, I would do so. And he went on to subscribe to the theory that the preservation of the Union was of the absolute, utmost consideration. It was not until the South appeared to be winning this War, that Lincoln issued the Emancipation Proclamation only freeing slaves in those areas under Confederate control. In the slave states of the North which fought on the Union side, no slaves were freed by that. On the day that the War ended, a slave-owning General Ulysses S. Grant received the surrender from a non-slave owning General Robert E. Lee. I tell you this for backdrop purposes. Also, I don't think the Senator from Charleston yesterday intended to stereotype us--as is done so many times with this Flag--as the sons of slave owners. Ninety-six percent of the people in this State did not even own slaves as is documented by the U. S. census. Hundreds of free blacks in South Carolina owned thousands of black slaves. So with this backdrop you understand why our Great-great-grandfathers went forward. Why did Verne Smith's go forward, why did the others? They did so in the pursuit of their rights as they understood them. As their forefathers had taught them. Any of you that have not seen the movie "Gettysburg" should go. If for no other reason, you need to see Pickett's charge and see the outnumbered situation. See the desperation, see the dedication, see the willingness to march into the jaws of death because duty called on them to do it. And as Pickett and Armistead looked at their troops, as you recall, they lifted their swords and said: "For your God, for your State, for your family ... and....for Virginia, over that hill." And as the blasting and death ringed around them, those men surged forward; and as they got tangled in the fence, Senator from Richland you recall, Armistead put his hat on his sword and he turned and said: "For your liberty, for Virginia..." and at that point those Southerners surged forward into a wall of death. I had a Great-great-grandfather who was shot up at Gettysburg; I had another one, Senator from Greenville, unbeknownst to both of us, who ended up in Maryland as a prisoner. Both of ours ended up at Elmira prison. They (the Yanks) had food, they had water, they had clothing, but they (the Yanks) did not give that to those ancestors of ours. Talk about suffering--they sat in the prisons with fleas and ate rats and went through some horrible conditions. Yes, there were bad conditions in the Southern prisons, but we were out of food, we were out of clothes. Go to Petersburg, go to the trenches where they were outnumbered seven to one. Picture Southerners sitting in those trenches in the cold without shoes, shivering, wondering what was to occur to them. Yet they stood with Lee to the final hour until they could not endure any longer. The South had become so convinced that independence and their rights were so important, that they were willing then to bring slaves into the armies and free them in return for their service. Richmond fell before the Confederacy ever completely executed that program to sustain its lines of defense. I tell you this because you see after the War, and just before the War ended, as Sherman came through the South, you want to talk about suffering, that was suffering. Think about the 40-mile wide path of destruction paved in this State. Read the letters of the South Carolinians who sat there in terror as up the drive the dust of the soldiers came, how they tore their personal clothes, broke their china, killed their pets, raped, the thievery. What was done by the U.S. troops to their own people was what we have never done to a foreign people. And I give you that backdrop, because as the War ended, and Lee said "...go make your sons good Americans.." that's what these people did. They tried to put behind them the bitterness of that struggle; they tried to put behind them the bitterness of the burning of this capital; they tried to put behind them all of the bitterness of that War. But the Reconstruction, while it was good for some, it was terrible for others. They (South Carolinians) were stripped of their possessions. Yet despite that, and out of that, one good thing came, one bad thing came. The Reconstruction became a brutal period and out of that came the Jim Crow laws. Out of that came the reaction, from the exploitation and, out of that came the institution of segregation. Out of that came the resentment and the bad feelings. These people were left with nothing but rags, and ruins. Over the years and with the Spanish-American War, there was brought about a form of reconciliation in this country. These surviving South Carolinians paraded down the streets in their uniforms and in large groups with all the fanfare, not to honor the horror of that War, but to honor the bravery, the sacrifice and what it meant to them. Yes, it became romanticized. Yes, it started to take on a pretty picture for them, but that's what people's memories do with time-- remember the good. And so, as it is written in Bruce Catton's book The Civil War and which will take you and me to writing on the monument. I want to read you this because this sums it up and brings us to why the dome is where the Flag should be. He says--it goes on and he talks about the tombstones, and the slowly silent cemeteries as the families died off, and the drowsy battlefields now with just the cold marble statues--and he said: "Finally, there was the simple memory of personal valor, the enduring realization that when the great challenge comes, the most ordinary people can show that they value something more than they value their own lives. When the last of the veterans had gone and the sorrows and bitterness which the War created had at last worn away, this memory remains. The men who fought in the Civil War, speaking for all Americans, had said something the country could never forget." Senator, I am as moved as you are by that monument out there (on the Statehouse lawn). Because when I read it, it was written as though there would be a misunderstanding in a later time about why our ancestors fought. Different people fought for different reasons, but each had a deep sense of loyalty to their state and to duty itself. They were willing to make the supreme sacrifice for principle. They left for the generations to come what is inscribed on the monument and which this State has honored in its Resolutions by which its Flags went up in this Chamber and in the House Chamber. Unfortunately, there is no long Resolution why it went up over the dome. But in that monument, and I cannot repeat it to the word, it says: "Let the stranger of another generation who passes this spot, remember this State taught these people how to live and how to die and that from her broken past she has preserved for the generations to come that honor, truth and valor endure forever." And it says, "in the hopelessness of the hospital, the despair of the defeat, the sharp agony of the struggle, these South Carolinians took consolation in the belief that here at home they would not be forgotten."

Whether it was on the fields of Gettysburg or on the pages of a story, it was, I believe, at First Manassas where a Southerner was imprisoned and the Yanks asked him, "why are you fighting?" And he said, "because you are here, because you are here." The Southerners knew that they had been invaded. And so they felt the great call. Whether they had slaves or didn't have slaves was not the question; it was the challenge that had been placed before them. That monument so eloquently speaks to why we should fly the Flag. It is because of the challenge they assumed in the confidence of a belief that they would not be forgotten. Fly it over the dome! Why fly it over the dome? There is not a more honorable, formal and more visible place in South Carolina to salute those people who answered the call of their elected government, who gave the supreme sacrifice, who went to battle, who left us as Bruce Catton in his book says something the country could never forget, should never forget--the valor to answer the call when the ultimate challenge comes which places the value of duty over life itself. Those of us who have defended these emblems, Senator from Charleston, mean not to transgress upon your feelings. It is not a question of being out of step with the country. We would be out of step with the country and out of step with ourselves if we flew the Flag for racial reasons. That is not why we fly it. We are not here to fight the War again. Yes, the War is over and it's been over. And the people that were there, put it behind them as far as hate and ill feelings. Joshua Chamberlain, on the day he accepted the surrender, and Senator you recall the great story, some called it "Silent Tribute" or the "Last Salute" but as the Confederates came in, Joshua Chamberlain ordered the Union troops to shoulder arms, a form of salute and respect. And as he chose to write in later years about it, as they looked into the faces of those soldiers that came, they could not look into those faces and see enemies, they could not look into those faces and see hate, instead they saw in them what they saw in themselves--soldiers who had answered the call.

The Confederate soldiers memory is left to the states. The Federal Government does not preserve their memory. It does not honor their memory. It does nothing. These are people who answered the call of this State. I was not involved in this issue, until the remains of the last soldier came back from Virginia. We know him to be one of three people, Senator from Richland, we are not sure which one he is at Elmwood. But I want to tell this Senate that his remains were kept out of the State House because of the issue of the Confederate emblems. The doors of this State House were shut to his remains to come back and lie in rest. Where had we sunk to when we got to the point that our sensitivities are so extreme that we transgress on what I consider to be common decency and courtesy to that soldier. That's when I, the Senator from Greenville and the Senator from Richland, and others felt a strong call to stand and defend this. I do not want to step on your feelings, but Senator you know we are not out of step, we are in step. We fly the Flag for the right reasons. We honor those people for the right reasons. We should never forget the injustices that were done. But I should not be stereotyped, you should not be stereotyped. One of the worst things that is happening in this country is the stereotyping of people. One time or another, all of us are guilty of misstating something, allowing our feelings to transgress upon one another, but I submit to you it is not a case of what S.C. business wants. It's not a case of the rhetoric of some of the right-wing groups out there with the Flag or the other groups. I am appalled by Mr. Gibson's comments about the war on the monuments. It is true. I take you to the State of Tennessee where they want parks renamed, and the remains of Nathan Bedford Forrest and his wife taken out of the public park and moved to a less conspicuous place. And it does not stop there. In the Capitol of the Confederacy where a monument of Robert E. Lee was knocked over by a car, I understand, there was a debate about whether it should even be put back up. It is not a case of sovereignty on the dome. To take you to many instances of flags that have flown, each was flown out of respect. It's a question of the eternal lesson that we learned out of that War-- valor when the ultimate call comes. And it is a question I submit to you that we in this State of South Carolina must find a way to mutually respect one another's past and learn from it.

I have been criticized because I would vote to put another Flag up there, if that would solve it. I got criticized, and the Senator from Richland can tell you, inside our ranks, because I was willing to go to the Stars and Bars, because I was told that battle emblem was what was offensive. I have done what I can do, but I will not back away from feeling that Flag should be up there on that dome. It should be a monument, the war memorial, the attestation to the belief that here at home they (the Confederates) will not be forgotten. You can say all your words about other war memorials and whatever. There is no other soldier who answered the call of his elected government in this nation, who is not remembered by his nation. The Confederate soldier was the soldier of the states. This was in a time when people spoke of the United States, as these United States. And as the War went by, Lee in his writings, going back and remembering, talked about the fact that he hoped that the one thing that would be done is that a true story would be written of the Southerners who answered the call and went to battle and that they sought to protect their view of the Constitution as they knew it, a system of confederated States as they understood it. What they lost in that battle was that this country became a Consolidated Republic and that the concept of independent sovereign states, confederated under a central government with U. S. Senators viewed more as ambassadors from the individual states, disappeared. That concept of government went away and disappeared along with slavery. There was more than one issue in that battle. I ask each of you, it is not a question of what is politically right, it is not a question of what is politically popular, it's not a question of being in step with the rest of the country is it? If being in step is to turn our backs on those who answered the call of our government; if being in step is to say that their memory is painful; if being in step is to turn their emblems over to hate groups, like the Klan and these other far-right and far-out groups that drag and burn these symbols; then I want to be out of step, because I think to be in step is to honor what is good about the past and remember your mistakes to learn from. I can only tell you that there are those of us who are willing to somehow find a mutual road that we together can share so there is a partnership. But there is no united future in South Carolina when we seek to tear down the heritage and the emblems of our ancestors. I close with telling you I hope you will be there this Saturday. We have a Confederate Memorial Service in Charleston. I have been with these people when they have been down in the graves, pulling the remains of 13 Confederate soldiers from underneath the parking lot at Johnson Hagood Stadium. The entire cemetery bulldozed and paved over. Once a large cemetery of 36 soldiers with high walls and metal gates. We are in the process now of exhuming and moving them back to Magnolia Cemetery, to the same place the ladies of this State brought the dead South Carolinians back from Gettysburg. You have heard the Senator from Greenville talk about the backbone of the South, during and after the War, with our State flat on its back--these ladies went north to Gettysburg to exhume the remains of their sons, their husbands and to bring them back to inter. And I have sat in these graves with these people, trying to pull the remains out and put them in places of dignity. It is an emotional issue for us. It is an issue that touches our hearts. It is an issue that we are prepared to fight on. All I can ask you is, I can not convince you of my vision of the War. All I can ask is for a charity of understanding. The same charity of understanding that has been asked for on other things. We in this nation, in this State have an opportunity to become not a follower in the United States, but the example. The example of where we can put different cultures together, our heritages together in partnership and march together. But to take that Flag down, to move it to a less conspicuous place, a less honorable place is a road to resentment. It is a road to division. It will generate the types of ill feelings we do not need in this State. We need to talk about the right reasons that we fly the Flag and to put in historical light where we are in South Carolina. I sincerely hope that those who are moved to take these emblems down because they find them offensive or they find them not being in the proper place, will step back and think about where we are and where we are headed. We did not seek this conflict. We asked that it be left alone. So leave it be. If one or the other historical Flag that is in your amendment goes up there to salute those who died on the Union side, so be it. It is part of that story that the people from the Civil War left to us from the War Between The States or the War of Northern Aggression--whatever you choose to call it--so be it. Put the amendment up there, and I would find that appropriate and I could support it. It completes the story. But the truth of the memory of the Flag is in the battle fields, it's in the graves, it's in the blood, it's in the sacrifice, it's in the romanticism, the true meaning. Yes, the romanticism that was rolled in, to put behind them the ugly memory and put a nice face on it. But out of that romanticism continues the question of valor. The Flag up there does not symbolize secession, it does not symbolize rebellion, it symbolizes valor, the sacrifice, the blood and the soul of our ancestors, Senator from Greenville. It is a pleasure for me to follow you and the Senator from Richland, to stand with you, and I will stand with you on this issue. We consider it that emotional and strong a tie to this State. I hope that each of you will search through this issue and remember that it is to the State of South Carolina that the memory of these South Carolinians is to be preserved and that we need to preserve it and preserve it proudly for the reasons inscribed on the monument. And to extend the hand of partnership to those who do not see as we see so that together we stand as a united front against those who would take those emblems and try to divide us.

Mr. President and you in the Senate, thank you for your attention.

On motion of Senator WILSON, with unanimous consent, ordered printed in the Journal.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator WASHINGTON argued in favor of the adoption of the amendment.

. . . Our State House grounds for all these flags that have some significance in the history of South Carolina and the top of the State House is for flags of sovereignty, not of history. It's for sovereignty. The confederate flag lost and the United States flag won, uniting these states together and the State of South Carolina. I would hope that somehow all of us would have courage. I don't think the people of the State would look negatively upon anybody who has the courage to do what is right, and the right thing to do is to pass this amendment creating the beautiful circle of flags. Tourists from everywhere will come to visit and to see it and the State can receive some financial gains from this event.

I am sure that you will agree with me that it can happen, just one step forward will make a difference, Senator from Greenwood, in this state and the whole nation will look upon South Carolina, not for what we stood for when the water hose was used to keep us from marching for freedom, not for what happened with the dogs, but what happens today--marching together, working together, putting the past behind us. We always talk about he new south states being progressive states and here is an opportunity for us to prove to the rest of the south that South Carolina is willing and ready to march hand-in-hand, not in the wrong direction but in the same direction--together.

Mr. President, I'd like to move for passage. . .

Mr. President, I don't see how in the world we can separate the appropriation funds whether it is the supplemental appropriation or the State House renovation for the budget of 1994 when this amendment deals with he budget; it's almost impossible. I just don't see how you can rule this not germane to the bill because we are talking about passing the budget and whatever funds will be used to do that renovation will be a part of the budget and the general fund.

But let me tell you something sir, there is a great difference between affirmative action and minority set aside. We're talking about action that has been taken by Congress and those actions have been taken by Congress to make sure that African-Americans have an opportunity...

On motion of Senator WILSON, with unanimous consent, ordered printed in the Journal.

On motion of Senator WASHINGTON, with unanimous consent, Amendment No. 206 was withdrawn.

Senator GLOVER, with unanimous consent, was granted leave to address remarks to the body.

At 12:15 P.M., Senator BRYAN requested a leave of absence from 2:00 - 6:00 P.M.

Senator RICHTER, with unanimous consent, was granted leave to address remarks to the body.

Senator WILLIAMS proposed the following Amendment No. 230 (CYY\16271AC.94), which was adopted:

Amend the bill, as and if amended, Part II, by striking an unnumbered section designated amendment no. 117B bearing document no. CYY\16257AC.94 and inserting:

TO ESTABLISH THE PERFORMANCE AUDIT STEERING COMMITTEE TO CONDUCT A COMPREHENSIVE PERFORMANCE AUDIT OF STATE GOVERNMENT FROM JUNE 30, 1995, THROUGH OCTOBER 31, 1996; TO PROVIDE FOR THE APPOINTMENT AND MEMBERSHIP OF THE COMMITTEE; TO PROVIDE FOR ITS DUTIES, INCLUDING THE MAIN FOUR POINTS OF THE AUDIT; AND TO ESTABLISH A SPECIAL ACCOUNT AND APPROPRIATE TWO MILLION DOLLARS FROM THE UNOBLIGATED 93-94 GENERAL FUND SURPLUS FOR THE EXPENSES OF THE COMMITTEE.

A. There is established effective June 30, 1995, the Performance Audit Steering Committee consisting of twelve members. The Speaker of the House and President Pro Tempore of the Senate shall appoint three members, and each must appoint two from the private sector. The Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee shall appoint three members, and each must appoint one from the private sector. Members shall serve for the duration of the existence of the committee and vacancies must be filled in the manner of original appointment. Members shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The Speaker of the House and the President Pro Tempore of the Senate shall jointly designate staff to provide necessary administrative, legal, and research services for the committee and, to the extent practicable, utilize the personnel of those state agencies and commissions with such administrative, legal, and administrative resources. The committee shall elect a chairman and such other officers as it considers necessary. The committee terminates on October 31, 1996. The Performance Audit Steering Committee shall retain an independent contractor who shall lead a staff of individuals representing both the public and private sector in the conduct of a performance audit in all aspects of state government. The performance audit shall focus on:

(1) determining duplicate programs and services and recommending those which should be eliminated;

(2) recommending streamlining of programs, policies, and procedures;

(3) evaluation of instances where out-of-date technologies detract from efficient program performance;

(4) recommendations for reallocating resources for increased effectiveness in the employment of governmental revenues.

The committee shall supervise and coordinate the work of the contractor and produce an audit report which must be submitted to the General Assembly and the Governor no later than the committee's termination date.

B. An account title "Statewide Performance Audit" must be created by the Comptroller General and appropriated two million dollars from the unobligated fiscal year 1993-94 General Fund Surplus for the use and expenses of the Performance Audit Steering Committee. Any balance remaining in the Statewide Performance Audit account may be carried forward until December 31, 1996, at which time the balance lapses to the State General Fund./

Amend sections, totals and title to conform.

Senator WILLIAMS explained the amendment.

Senator WILLIAMS moved that the amendment be adopted.

The amendment was adopted.

On motion for Senator DRUMMOND, with unanimous consent, debate was interrupted by recess.

At 12:40 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT.

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

The Senate resumed.

At 2:15 P.M., Senator ROSE requested a leave of absence from 3:45 - 10:00 P.M.

At 2:15 P.M., Senator MOORE requested a leave of absence from 6:00 - 10:00 P.M.

At 2:15 P.M., Senator MESCHER requested a leave of absence from 3:45 - 10:00 P.M.

At 2:15 P.M., Senator GIESE requested a leave of absence from 5:15 - 10:00 P.M.

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

Senator PEELER proposed the following Amendment No. 207 (CYY\16267HC.94), which was adopted:

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

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

A. Article 25, Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Section 12-36-2680. The department shall prescribe an exemption certificate for use by persons purchasing items exempt pursuant to items (5), (6), (7), (16), (18), (23), (32), and (44) of Section 12-36-2120. This exemption certificate may be presented upon each purchase by the holder or the retailer may keep on file a copy of the certificate. When an exempt sale is made pursuant to a certificate on file, the purchaser must note on the purchase invoice the exempt items, state the items are to be used for exempt purposes, and sign the invoice. When the purchase order meets the requirements of this section, the liability for any tax determined to be due is solely on the purchaser."

B. This section takes effect January 1, 1995./

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senators REESE, PEELER and LANDER proposed the following Amendment No. 213A (DKA\3429BDW.94), which was adopted:

Amend the amendment of Senator Peeler, Doc. No. JIC\6054BDW.94, designated as amendment number 35A, adopted May 10, 1994, as and if amended, page 1, the 11th line from the bottom of the page after / PLATES, / by inserting / PROVIDE FOR THE DEFINITION OF SALE, PROHIBIT MULTIPLE TRANSFERS, /; and page 2, before the sentence beginning on the 10th line from the bottom of the page, by inserting: / For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited. /

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

The amendment was adopted.

Senators REESE, PEELER and LANDER proposed the following Amendment No. 214 (DKA\3428BDW.94), which was adopted:

Amend the bill, as and if amended, Part II, SECTION 37, Section 56-3-2350, page 661, right column, line 10, by striking / (A) / and inserting / (A) /; and page 661, right column, by striking lines 34-44, and page 662, left column, by striking lines 1-6 and inserting:

/(B) A motor vehicle dealer or wholesaler duly licensed under Section 56-15-310 may purchase transporter license plates and use them solely for transporting motor vehicles and heavy duty trucks from one place of sale to another place of sale. Any other use of a transporter license plate by a duly licensed dealer or wholesaler is subject to a three hundred dollar fine and loss of the license plate./

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 190 (4820R019.JCL), which was adopted:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 325, lines 6 and 7, by:

COLUMN 7 COLUMN 8

STRIKING: 2,582,515 2,232,376

(99.00) (64.00)

INSERTING: 3,189,727 2,839,588

(99.00) (87.00)

Amend the bill further, as and if amended, Part IA, Section 34, Department of Public Safety, page 325, line 12, by:

COLUMN 7 COLUMN 8

STRIKING: 614,411 614,411

INSERTING: 675,132 675,132

Amend the bill further, as and if amended, Part IA, Section 34, Department of Public Safety, page 329, line 3, by:

COLUMN 7 COLUMN 8

STRIKING: 12,437,309 11,019,161

INSERTING: 12,595,184 11,177,036

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 RICHTER proposed the following Amendment No. 225 (4820R242.LER), which was tabled:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding an appropriately numbered new Section to read as follows:

TO AMEND SECTION 9-8-10 OF THE CODE OF LAWS OF THE SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SOLICITOR AS DEFINED IN SECTION 1-7-310, SO AS TO ADD THE STATE ATTORNEY GENERAL TO THIS DEFINITION.

A. Section 9-8-10(17) of the 1976 Code is amended to read:

"(17) `Solicitor' means the person holding office as described under Section 1-7-310 of the 1976 Code and the Attorney General of this State."

B. The Section shall take effect upon the installation of constitutional officers after the 1994 General Assembly.

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators GREGORY and RYBERG proposed the following Amendment No. 231 (WWW\30238DW.94), which was tabled:

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

TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-190, SO AS PROVIDE THAT THE GENERAL ASSEMBLY SHALL ADJOURN AFTER CONVENING FOR THE ANNUAL SESSION ON THE SECOND TUESDAY IN JANUARY TO RECONVENE ON THE SECOND TUESDAY IN FEBRUARY OF THE SAME YEAR, TO PROVIDE THAT COMMITTEES MAY MEET AND LEGISLATION MAY BE INTRODUCED BETWEEN THESE DATES AND PROVIDE THAT THE CONSENT OF EACH HOUSE OF THE GENERAL ASSEMBLY IS DEEMED TO BE GIVEN FOR ADJOURNING UNDER THE PROVISIONS OF THIS SECTION AND TO AUTHORIZE THE PAYMENT OF SUBSISTENCE UNDER CERTAIN CONDITIONS.

A. The 1976 Code is amended by adding:

"Section 2-1-190. (A) When the General Assembly adjourns on the first day of its annual regular session on the second Tuesday in January it must stand adjourned to reconvene on the second Tuesday in February of the same year. Committees may meet and legislation may be introduced between these dates. Members in attendance at any meeting of a committee or subcommittee of any standing committee of the House or Senate are prohibited from receiving per diem but are authorized to receive subsistence at the rate established in the annual General Appropriation Act.

(B) For purposes of this section, the consent of each House of the General Assembly is deemed to have been given for adjourning under the provisions of this section."

B. The subsistence payments provided in subsection A are to be paid from funds authorized in the annual General Appropriation Act when approved under the requirements set forth therein./

Amend title to conform.

Senator GREGORY explained the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator McCONNELL moved to lay the amendment on the table.

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

Courtney Drummond Ford
Giese Glover Holland
Land Lander Leatherman
Leventis Martin Matthews
McConnell McGill Moore
Patterson Rankin Reese
Smith, J.V. Washington Williams

Cork Courson Elliott
Gregory Hayes Mescher
Mitchell Peeler Richter
Russell Ryberg Saleeby
Stilwell Thomas Waldrep
Wilson

The amendment was laid on the table.

On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 180 (GJK\20924SD.94) proposed by Senator LEATHERMAN and adopted on Wednesday, May 11, 1994, was substituted for Amendment No. 137 (JIC\6046HTC.94) which was also proposed by Senator LEATHERMAN and adopted in error on Tuesday, May 10, 1994; and then Amendment No. 137 was reconsidered and withdrawn.

Having voted on the prevailing side, Senator LEATHERMAN asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 180 (GJK\20924SD.94), proposed by Senator LEATHERMAN was adopted on Wednesday, May 11, 1994.

The motion to reconsidered was adopted.

On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 180 was amended by Amendment No. 180A.

Senator LEATHERMAN proposed the following Amendment No. 180A (DKA\3433SD.94), which was adopted:

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

TO AMEND CHAPTER 55, TITLE 38 OF THE 1976 CODE, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE `OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT', AND INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CRIMINAL OFFENSES AND PENALTIES AND RESTITUTION, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF A DIVISION TO BE KNOWN AS THE INSURANCE FRAUD DIVISION, AND THE FUNDING FOR SUCH OFFICE AND FOR OTHER SIMILAR INVESTIGATIVE SERVICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO AUTHORIZE THE WORKERS' COMPENSATION COMMISSION TO REFER ALL CASES OF SUSPECTED INSURANCE FRAUD TO THE INSURANCE FRAUD DIVISION FOR INVESTIGATION AND PROSECUTION IF WARRANTED; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.

A. Chapter 55 of Title 38 of the 1976 Code is amended by adding:

Section 38-55-510. This article may be cited as the `Omnibus Insurance Fraud and Reporting Immunity Act'.

Section 38-55-520. The purpose of this article is to define what constitutes insurance fraud; to facilitate the detection of insurance fraud; to allow reporting of suspected insurance fraud; to grant immunity for reporting suspected insurance fraud; to prescribe penalties for insurance fraud; to require restitution for victims of insurance fraud; and to establish a division within the Office of the Attorney General to prosecute insurance fraud.

Section 38-55-530. As used in this article:

(1) `Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation, Division of Motor Vehicles; Department of Public Safety; the Workers' Compensation Commission; the Office of the Attorney General of this State; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity.

(2) `Insurer' has the meaning set forth in Section 38-1-20(25) and includes any authorized insurer, self-insurer, reinsurer, broker, producer, or any agent thereof.

(3) `Person' means any natural person, company, corporation, unincorporated association whether or not for profit, partnership, professional corporation, or other legal entity and includes any applicant, policyholder, claimant, medical provider, vocational rehabilitation provider, attorney, agent, insurer, fund, or advisory organization.

(4) `Insurance fraud' means any conduct, act, or omission committed by any person in connection with an insurance transaction which is designed or intended to obtain an undeserved economic advantage or benefit if such conduct, act, or omission is done knowingly or with an intent to injure, defraud, or deceive.

Section 38-55-540. Any person or insurer who commits an insurance fraud, and any other person knowingly, with an intent to injure, defraud or deceive, who assists, abets, solicits, or conspires with such person or insurer to commit an insurance fraud, is guilty of a felony and, upon conviction, must be punished by a fine not to exceed fifty thousand dollars or by imprisonment for a term not to exceed five years, or both.

When appropriate, any person or insurer convicted of an insurance fraud may be required to make full restitution of any economic benefit or advantage which has been obtained through insurance fraud.

Section 38-55-550. (A) There is established in the Office of the Attorney General a division to be known as the Insurance Fraud Division, which shall prosecute insurance fraud.

(B) The Attorney General, upon receipt of any allegation of insurance fraud, is empowered to:

(1) refer the matter for investigation to the State Law Enforcement Division;

(2) prosecute persons determined to be in violation of Section 38-55-540 in a court of appropriate jurisdiction; and

(3) collect fines and restitution ordered by such courts.

(C) Where considered appropriate, the Attorney General may use the provisions of Article 3, Chapter 54 of Title 12, the Setoff Debt Collection Act to collect fines and restitution ordered as a result of actions brought pursuant to Section 38-55-540.

(D) The Insurance Fraud Division of the office of Attorney General and the investigative services of the State Law Enforcement Division as provided by this section must be funded by an appropriation of not less than two hundred thousand dollars annually from the general revenues of the State derived from the insurance premium taxes collected by the Department of Insurance or from fines assessed under Sections 38-55-170 and 38-55-540, or both, which must be deposited in the general fund of the State and credited to the office of the Attorney General and the State Law Enforcement Division to offset costs of the program. These monies must be shared equally by the agencies.

Section 38-55-560. (A) Any person or insurer having reason to believe that another has committed an insurance fraud or has knowledge of a suspected insurance fraud, for purposes of reporting and investigation, shall notify an authorized agency of the knowledge or belief and provide any additional information within his possession relative thereto.

(B) Upon request by an authorized agency, any person or insurer may release to such authorized agency any or all information relating to any suspected insurance fraud including, but not limited to:

(1) insurance policy information relevant to the investigation, including any application for such a policy;

(2) policy premium payment records, audits, or other documents which are available;

(3) history of previous claims, payments, fees, commissions, service bills, or other documents which are available; and

(4) other information relating to the investigation of the suspected insurance fraud.

(C) Any authorized agency provided with or obtaining information relating to a suspected insurance fraud as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue and Taxation, Motor Vehicle Division, and the Department of Public Safety shall refer, but not adjudicate, all cases of suspected or reported insurance fraud to the Insurance Fraud Division of the Office of Attorney General for appropriate investigation or prosecution, or both. The Workers' Compensation Commission may refer such cases as provided in Section 42-9-440.

(D) Except as otherwise provided by law, any information furnished pursuant to this section is privileged and is not part of any public record. Any information or evidence furnished to an authorized agency pursuant to this section is not subject to subpoena or subpoena duces tecum in any civil or criminal proceeding unless, after reasonable notice to any person, insurer, or authorized agency which has an interest in the information and after a subsequent hearing, a court of competent jurisdiction determines that the public interest and any ongoing investigation will not be jeopardized by obeying the subpoena or subpoena duces tecum.

Section 38-55-570. (A) No person, insurer, or authorized agency, when acting without malice or in good faith, is subject to any civil or criminal liability by virtue of filing reports, cooperating with investigations by any authorized agency, or furnishing other information, whether written or oral, and whether in response to a request by an authorized agency or upon their own initiative, concerning any suspected, anticipated, or completed insurance fraud, when the reports or information are provided to or received by any authorized agency.

(B) Nothing herein abrogates or modifies in any way common law or statutory privilege or immunity heretofore enjoyed by any person, insurer, or authorized agency.

(C) Nothing herein limits the liability of any person or insurer who, with malice or in bad faith, makes a report of suspected fraud under the provisions of this article.

B. The 1976 Code is amended by adding:

"Section 42-9-440. The commission may refer all cases of suspected fraud to the Insurance Fraud Division of the Office of the Attorney General for investigation and prosecution, if warranted, pursuant to Article 5, Chapter 55, of Title 38, the Omnibus Insurance Fraud and Reporting Immunity Act."

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

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senators RANKIN, GREG SMITH, ELLIOTT and LAND proposed the following Amendment No. 159C (4820R114.LAR), 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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-130 SO AS TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO CERTAIN AGREEMENTS TO FINANCE CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, ROADS, STREETS, AND BRIDGES.

Chapter 3 of Title 57 of the South Carolina Code of Laws, 1976, is amended by adding:

"Section 57-3-130. From the funds appropriated to the Department of Transportation and from any other sources which may be available to the Department, the Department of Transportation may expend such funds as it deems necessary to enter into partnership agreements with political subdivisions including authorized transportation authorities, and private entities to finance, by tolls and other financing methods, the cost of acquiring, constructing, equipping, maintaining and operating highways, roads, streets and bridges in this State. The provisions of this Section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by tolls or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or political subdivisions does not possess under other provisions of this Code."/

Amend sections, totals and title to conform.

Senator RANKIN argued in favor of the adoption of the amendment.

Senator RANKIN moved that the amendment be adopted.

The amendment was adopted.

Senators PASSAILAIGUE, ROSE, RICHTER, FORD, McCONNELL, RANKIN, ELLIOTT, MESCHER, WASHINGTON, CORK and GREG SMITH proposed the following Amendment No. 233 (JIC\6083HTC.94), which was adopted:

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

TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1273 SO AS TO PROVIDE A TEMPORARY NONREFUNDABLE STATE INCOME TAX CREDIT EQUAL TO TEN PERCENT OF THE QUALIFIED WAGES PAID TO A PERSON WHO WAS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OR REALIGNMENT OF A FEDERAL MILITARY INSTALLATION AND TO PROVIDE DEFINITIONS.

A. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1273. (A) As used in this section:

(1) `Applicable federal military installation' means a federal military installation or other facility which is closed or realigned under:

(a) The Defense Base Closure and Realignment Act of 1990;

(b) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act; or

(c) Section 2687 of Title 10, United States Code.

(2) `Economic impact region' means a county or municipality, any portion of which is located within twenty-five miles of the boundaries of an applicable federal military installation, and any area not otherwise included as part of the economic impact region if the Division of State Development of the Department of Commerce determines the area to be adversely impacted by the closing or realignment of an applicable federal military installation;

(3) `Qualified wages' means wages paid by an employer to an employee if:

(a) at least ninety percent of the employee's services for the employer during the taxable year are directly related to the conduct of the employer's trade or business within an applicable federal military installation or economic impact region; or

(b) at least fifty percent of the services of the employee for the employer during the taxable year are performed within the installation or region;

(4) (a) `Qualified wages' include, with respect to an individual, only wages attributable to services rendered during the one year beginning with the day the individual first works for an employer after becoming a terminated employee.

(b) Qualified wages for a taxable year may not exceed seven thousand dollars.

(c) Qualified wages do not include wages paid for services performed as an employee of the federal government or an agency or instrumentality of the federal government.

(d) The amount of the qualified wages of a taxpayer under this section for a taxable year must be reduced, but not below zero, by one dollar for each dollar by which the employee's wages, whether or not constituting qualified wages, exceed sixty thousand dollars.

(5) (a) `Terminated employee' means an individual who is certified by the South Carolina Employment Security Commission, under procedures similar to the procedures described in Internal Revenue Code Section 51(d)(16), as being an individual, whether or not a federal employee:

(i) who was employed on an applicable federal military installation, and

(ii) whose job was terminated by reason of the closing or realignment of the installation.

(b) An individual may not be treated as a terminated employee with respect to a job termination after the later of:

(i) the close of the second calendar year following the calendar year in which the commencement of the job termination occurs; or

(ii) the close of the first year period beginning with the date on which the employee first begins work for an employer after the job termination.

(B) In the case of a terminated employee, there is allowed as a credit against the tax imposed by this chapter for a taxable year an amount equal to ten percent of the qualified wages of the employee for the taxable year.

(C) For purposes of this section, the term `employee' includes an employee described in Internal Revenue Code Section 401(c)(1), relating to self-employed individual.

(D) Any deduction for wages of an employer claiming the credit allowed by this section must be reduced by the amount of the credit for purposes of calculating the South Carolina income tax liability.

(E) The credit allowed by this section may not reduce the tax liability below zero. If the applicable credit exceeds the liability, the credit may be carried forward to the ten succeeding taxable years."

B. This section is effective for taxable years after 1994./

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 MITCHELL proposed the following Amendment No. 234 (CYY\16270AC.94), which was tabled:

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

TO REQUIRE A COMPANY DOING BUSINESS IN SOUTH CAROLINA EMPLOYING MORE THAN TWO HUNDRED FIFTY EMPLOYEES THAT LAYS OFF EMPLOYEES OTHER THAN FIRING AN EMPLOYEE FOR CAUSE MUST PAY EACH EMPLOYEE ONE THOUSAND DOLLARS SEVERANCE PAY FOR EACH YEAR OF EMPLOYMENT WITH THE COMPANY AND MUST PAY THE STATE TEN THOUSAND DOLLARS FOR EACH EMPLOYEE TO BE CREDITED TO A SPECIAL FUND TO PROVIDE RETRAINING TO THESE EMPLOYEES.

A. Notwithstanding any other provision of law, a company doing business in South Carolina employing more than two hundred fifty employees in South Carolina that has a reduction in force or lays off an employee, except for firing an employee for cause, shall pay the employee one thousand dollars severance pay for each year of employment with the company. Additionally, the company shall pay the State ten thousand dollars for each employee laid off and this must be credited to a retraining fund established by the State Treasurer for the purpose of retraining that employee for another job. An offer to transfer the employee to another job with the company out-of-state does not alter the company's responsibilities under this section.

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

Amend sections, totals and title to conform.

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

Senator MITCHELL moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

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

Cork Courson Courtney
Drummond Elliott Giese
Gregory Hayes Holland
Land Lander Leatherman
Leventis Martin McConnell
McGill Mescher Moore
Passailaigue Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Williams Wilson

Ford Glover Matthews
Mitchell Patterson

The amendment was laid on the table.

Having voted on the prevailing side, Senator RICHTER asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 225 (4820R242.LER) proposed by Senator RICHTER was tabled.

The motion to reconsider was adopted.

On motion of Senator RICHTER, with unanimous consent, Amendment No. 225 was carried over.

At 3:25 P.M., Senator DRUMMOND asked unanimous consent to make a motion that no further amendments to the General Appropriation Bill would be accepted with the exception of perfecting amendments and balancing amendments after 4:00 P.M.

There was no objection.

Senator STILWELL proposed the following Amendment No. 215 (JIC\6078DW.94), which was adopted:

Amend the bill, as and if amended, Part II, Section 36, page 654, left column, beginning on line 39; page 654, left column, line 42; page 654, right column, line 35; page 654, right column, line 38; page 655, left column, line 31; and page 655, left column, line 34, by striking /South Carolina Law Enforcement Training Council/ and inserting /Department of Public Safety/.

Amend further, page 654, right column, line 4; and page 655, left column, line l; and page 655, left column, line 40 by striking /council/ and inserting /department/.

Amend further, page 654, right column, line 3; page 654, right column, beginning on line 43; page 655, left column, line 39, by striking /South Carolina Law Enforcement Hall of Fame Committee/ and inserting /Department of Public Safety/.

Amend sections, totals and title to conform.

Senator STILWELL explained the amendment.

The amendment was adopted.

Senator RICHTER proposed the following Amendment No. 225 (4820R242.LER), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding an appropriately numbered new Section to read as follows:

TO AMEND SECTION 9-8-10 OF THE CODE OF LAWS OF THE SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SOLICITOR AS DEFINED IN SECTION 1-7-310, SO AS TO ADD THE STATE ATTORNEY GENERAL TO THIS DEFINITION.

A. Section 9-8-10(17) of the 1976 Code is amended to read:

"(17) `Solicitor' means the person holding office as described under Section 1-7-310 of the 1976 Code and the Attorney General of this State."

B. The Section shall take effect upon the installation of constitutional officers after the 1994 General Assembly.

Amend sections, totals and title to conform.

Senator RICHTER explained the amendment.

The amendment was adopted.

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

Senator LEATHERMAN proposed the following Amendment No. 136 (JIC\6044HTC.94), which was adopted:

Amend the bill, as and if amended, Part IA, Section 6B, SLED, page 36, line 35 by:

COLUMN 7 COLUMN 8

STRIKING: 4,361,134 2,651,691

INSERTING: 4,461,134 2,751,691

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senators THOMAS and WILSON proposed the following Amendment No. 154A (48R404.DLT), which was adopted:

Amend the bill, as and if amended, Part IA, Section 6B, SLED, page 37, line 4 by striking in columns 7 and 8 "$2,417" and inserting "$2,416".

Amend further, Part IA, Section 6B, SLED, page 37, line 6 by inserting

COLUMN 7 COLUMN 8
"DNA Database Program 1 1"

Amend title to conform.

Senator THOMAS argued in favor of the adoption of the amendment.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 155 (DKA\3393AC.94), which was adopted:

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

TO AMEND THE 1976 CODE BY ADDING ARTICLE 9, CHAPTER 3, TITLE 23 SO AS TO ENACT THE STATE DEOXYRIBONUCLEIC ACID (DNA) IDENTIFICATION RECORD DATABASE ACT AND TO ESTABLISH THIS DATABASE IN THE STATE LAW ENFORCEMENT DIVISION, TO REQUIRE CONVICTED OFFENDERS OF CERTAIN SEX-RELATED CRIMES AND VIOLENT CRIMES TO SUBMIT A SAMPLE FROM WHICH DNA MAY BE OBTAINED FOR DNA TESTING TO BE INCLUDED IN THIS DATABASE, AND TO PROVIDE EXPUNGEMENT PROCEDURES, CONFIDENTIALITY REQUIREMENTS, AND PENALTIES.

A. Chapter 3, Title 23 of the 1976 Code is amended by adding:

Section 23-3-600. This article may be cited as the State Deoxyribonucleic Acid Identification Record Database Act.

Section 23-3-610. There is established in the South Carolina Law Enforcement Division (SLED) the State Deoxyribonucleic Acid (DNA) Identification Record Database (State DNA Database). The State Law Enforcement Division shall develop DNA profiles on samples for law enforcement purposes and for humanitarian and nonlaw enforcement purposes, as provided for in Section 23-3-640(B).

Section 23-3-620. (A) Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1) a person convicted or adjudicated delinquent after June 30, 1995, for:

(a) criminal sexual conduct in the first degree as defined in Section 16-3-652;

(b) criminal sexual conduct in the second degree as defined in Section 16-3-653;

(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;

(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;

(2) a criminal offender ordered by the court to provide a sample.

A person who is not sentenced to a term of confinement shall provide a sample as a condition of their sentence to be taken at a prison or jail as specified by the sentencing court.

(B) At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:

(1) a person who is convicted or adjudicated delinquent before July 1, 1995, and who was sentenced to and is serving a term of confinement on July 1, 1995, for:

(a) criminal sexual conduct in the first degree as defined in Section 16-3-652;

(b) criminal sexual conduct in the second degree as defined in Section 16-3-653;

(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;

(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;

(2) a violent criminal offender ordered by the court to provide a sample.

An agency having custody of an offender shall notify SLED at least seventy-two hours before the individual is paroled or released from confinement.

(C) A person sentenced to probation or currently paroled and remaining under supervision of the State or its political subdivisions shall provide a sample as a condition of their probation or parole.

(D) A person providing a sample pursuant to this article also shall provide such other information as may be required by SLED.

(E) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.

(F) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-780.

Section 23-3-630. (A) Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, or other appropriately trained health care worker may take a sample from which DNA may be obtained.

(B) A person taking a sample pursuant to this article is immune from liability provided the sample was taken according to recognized medical procedures.

Section 23-3-640. (A) Samples must be taken and submitted to SLED pursuant to specifications and procedures developed by SLED in regulation. SLED shall conduct DNA identification testing, typing, and analysis in accordance with regulations promulgated by the State Law Enforcement Division on samples received for the purpose of developing a DNA profile, and SLED shall use procedures, equipment, supplies, and computer software that is compatible with those used by the Federal Bureau of Investigation.

(B) The DNA profile on a sample may be used:

(1) to develop a convicted offender database to identify suspects in otherwise nonsuspect cases;

(2) to develop a population database when personal identifying information is removed;

(3) to support identification research and protocol development of forensic DNA analysis methods;

(4) to generate investigative leads in criminal investigations;

(5) for quality control or quality assurance purposes, or both;

(6) to assist in the recovery and identification of human remains from mass disasters;

(7) for other humanitarian purposes including identification of missing persons.

(C) The disposition of all samples obtained pursuant to this article are at the discretion of SLED.

Section 23-3-650. (A) The results of a DNA profile of an individual provided under this article are confidential and must be securely stored except that SLED shall make available the results to federal, state, and local law enforcement agencies and to approved crime laboratories which serve these agencies and to the solicitor or the solicitor's designee upon a written or electronic request and in furtherance of an official investigation of a criminal offense. These results also must be made available as required by a court order following a hearing directing SLED to release the record.

(B) A person who wilfully discloses in any manner individually identifiable DNA information contained in the State DNA Database to a person or agency not entitled to receive this information is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

(C) A person who, without authorization, wilfully obtains individually identifiable DNA information from the State DNA Database is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both.

Section 23-3-660. A person whose DNA record has been included in the State DNA Database may request expungement on the grounds that the person's conviction or adjudication has been reversed, set aside, or vacated. SLED shall purge DNA and all other identifiable record information from the State Database and shall destroy the person's sample if SLED receives the person's written request for expungement and a certified copy of the court order reversing, setting aside, or vacating the conviction or adjudication and proof that the identity of the individual making the request is the person whose record is to be expunged. If the person has more than one entry in the State DNA Database, only the entry covered by the expungement request may be expunged.

Section 23-3-670. (A) A person who is required to provide a sample pursuant to this article must pay a two hundred and fifty dollar processing fee which may not be waived by the court. If the person is incarcerated, the fee must be paid before the person is paroled or released from confinement and may be garnished from wages the person earns while incarcerated. If the person is not sentenced to a term of confinement, payment of the fee must be a condition of the person's sentence and may be paid in installments if so ordered by the court.

(B) The processing fee assessed pursuant to this section must be remitted to the general fund of the State and credited to the State Law Enforcement Division to offset the expenses SLED incurs in carrying out the provisions of this article.

Section 23-3-680. SLED shall promulgate regulations to carry out the provisions of this article.

Section 23-3-690. SLED shall promulgate regulations for sample testing and analysis and for sample collection, identification, handling, transporting, and shipment which must be complied with by the agency having jurisdiction over the offender."

B. Implementation of this act and the requirements under this act are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations.

C. Subsection B. of this section takes effect upon approval by the Governor, the remaining provisions take effect July 1, 1995./

Renumber sections to conform.

Amend totals and title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 226 (047.DLR), which was adopted:

Amend the bill, as and if amended, Part IA, Section 6B, Governor's Office - State Law Enforcement Division, page 37, line 30 by:

COLUMN 7 COLUMN 8

STRIKING: 2,461,563

( ) ( )

INSERTING: 2,861,563

( ) ( )

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator J. VERNE SMITH proposed the following Amendment No. 175 (045.DLR), which was adopted:

Amend the bill, as and if amended, Part IA, Section 6C, Governor's Office - Executive Policy & Programs, page 40, line 36 by:

COLUMN 7 COLUMN 8

STRIKING: 32,000 32,000

( ) ( )

INSERTING: 80,954 80,954

( ) ( )

Amend sections, totals and title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 107 (039.DLR), which was adopted:

Amend the bill, as and if amended, Part IA, Section 9, Comptroller General's Office, page 48, line 33 by:

COLUMN 7 COLUMN 8

STRIKING: 91,781 91,781

( ) ( )

INSERTING: 103,365 103,365

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 9, Comptroller General's Office, page 49, line 5 by:

COLUMN 7 COLUMN 8

STRIKING: 124,392 124,392

( ) ( )

INSERTING: 130,308 130,308

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 9, Comptroller General's Office, page 49, line 12 by:

COLUMN 7 COLUMN 8

STRIKING: 550,534 550,534

( ) ( )

INSERTING: 599,066 599,066

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 9, Comptroller General's Office, page 49, line 23 by:

COLUMN 7 COLUMN 8

STRIKING: 737,405 737,405

( ) ( )

INSERTING: 812,823 812,823

( ) ( )

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 LAND proposed the following Amendment No. 104A (048.DLR), which was adopted:

Amend the bill, as and if amended, Part IA, Section 10, State Treasurer's Office, page 50, line 10 by:

COLUMN 7 COLUMN 8

STRIKING: 797,993 797,993

( ) ( )

INSERTING: 816,408 816,408

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 10 , State Treasurer's Office, page 51, line 3 by:

COLUMN 7 COLUMN 8

STRIKING: 506,969 490,108

( ) ( )

INSERTING: 525,616 508,755

( ) ( )

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 LEATHERMAN proposed the following Amendment No. 135 (JIC\6045HTC.94), which was adopted:

Amend the bill, as and if amended, Part IA, Section 11, Attorney General, page 52, line 10 by:

COLUMN 7 COLUMN 8

STRIKING: 1,510,878 1,320,234

INSERTING: 1,610,878 1,420,234

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senators GREGORY and RICHTER proposed the following Amendment No. 188 (PT\1256DW.94), which was carried over:

Amend the bill, as and if amended, Part IA, Section 11, Attorney General's Office, page 0052, immeditely after line 14, by inserting:

COLUMN 7 COLUMN 8
/Death Penalty Resource Center 43,718 43,718/

Amend sections, totals and title to conform.

Senator GREGORY argued in favor of the adoption of the amendment.

Senator WASHINGTON moved to lay the amendment on the table.

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

Elliott Ford Glover
Jackson Land Matthews
McGill Mitchell Patterson
Saleeby Washington

Cork Courtney Drummond
Giese Gregory Hayes
Lander Leatherman Leventis
Martin McConnell Peeler
Reese Richter Russell
Ryberg Setzler Short
Smith, G. Stilwell Thomas
Waldrep Wilson

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

Senator MITCHELL argued contra to the adoption of the amendment.

On motion of Senator MITCHELL, with unanimous consent, Amendment No. 188 was carried over.

Senators LAND and SALEEBY proposed the following Amendment No. 237 (N05\7887BDW.94), which was adopted:

Amend the bill, as and if amended, Part IA, Section 16, Election Commission, page 62, after line 32 by inserting:

COLUMN 7 COLUMN 8
/DARLINGTON COUNTY
AUTOMATED VOTING
SYSTEMS 100,000 100,000/

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators MATTHEWS, LAND, WASHINGTON, PATTERSON, JACKSON and FORD proposed the following Amendment No. 141 (005.DLR), which was tabled:

Amend the bill, as and if amended, Part IA, Section 29, Dept. of Health and Human Services, Page 296, Line 29 by:

COLUMN 7 COLUMN 8

STRIKING: 2,845,884 831,282

( ) ( )

INSERTING: 3,068,384 1,053,782

( ) ( )

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator HAYES proposed the following Amendment No. 149 (CYY\16246AC.94), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 30 - Department of Health and Environmental Control, by adding an appropriately numbered paragraph to read:

/30. . (DHEC: Construction, Demolition, and Land-Clearing Debris Landfills) The department may not expend funds from any source to implement or enforce or implement and enforce any of the provisions of R. 61-107.11, entitled Solid Waste Management: Construction, Demolition, and Land-Clearing Debris Landfills, or any provisions of the proposed amendments to this regulation approved in draft form by the Board of Health and Environmental Control on April 14, 1994, as these provisions apply to landfills managing construction, demolition, and land-clearing debris generated in the course of normal operations on property under the same ownership or control as the landfill, until separate regulatory requirements are promulgated and in effect for these landfills./

Amend sections, totals and title to conform.

Senator HAYES explained the amendment.

Senator HAYES moved that the amendment be adopted.

The amendment was adopted.

Senator RUSSELL proposed the following Amendment No. 127 (CYY\16247AC.94), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 31 - Department of Mental Health, by adding an appropriately numbered paragraph to read:

/31. . Of the funds in the department's Patient Paying Fee Account, fifty thousand dollars must be allocated to the Mental Health Association in South Carolina for its Community Organization Expansion Program to expand services to the fifteen counties in the State currently not served by the association./

Amend sections, totals and title to conform.

Senator RUSSELL argued in favor of the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ROSE proposed the following Amendment No. 66 (011.DLR), which was tabled:

Amend the bill, as and if amended, Part IA, Section 33, Dept. of Alcohol & Other Drug Abuse Services, page 322, line 30 by adding:

COLUMN 7 COLUMN 8
Treatment for Pregnant
Women 3,635,182 3,635,182

Amend sections, totals and title to conform.

Senator ROSE argued in favor of the adoption of the amendment.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Senator GIESE proposed the following Amendment No. 205 (JIC\6075HTC.94), which was adopted:

Amend the bill, as and if amended, Part II, Section 10, page 638, left column, line 19, by striking /in/ and inserting /and for the construction of livestock arenas in/

Amend title, totals and sections to conform.

Senator GIESE argued in favor of the adoption of the amendment.

Senator GIESE moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 191 (4820R500.JCL), which was tabled:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 328, line 22, by:

COLUMN 7 COLUMN 8

STRIKING: 2,014,875 2,014,875

( ) ( )

INSERTING: 2,108,926 2,108,926

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator RICHTER proposed the following Amendment No. 62 (4820R012.LER), which was tabled:

Amend the bill, as and if amended, Part IA, Section 35, Department of Social Services, page 337, line 5 by:

COLUMN 7 COLUMN 8

STRIKING: 6,169,392 2,603,428

( ) ( )

INSERTING: 5,963,150 2,397,186

( ) ( )

Amend sections, totals and title to conform.

Senator J. VERNE SMITH spoke on the amendment.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Senator McCONNELL proposed the following Amendment No. 177 (4820R317.GFM), 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 THE CODE OF LAWS BY ADDING A NEW SECTION TO PROVIDE THAT LOCAL GOVERNING BODIES CHARGING REAL ESTATE TRANSFER FEES MUST, ON A QUARTERLY BASIS, REMIT ALL SUCH FEES COLLECTED TO THE STATE TREASURER OR MAY VOLUNTARILY ELECT TO HAVE THE AMOUNT OF FEES COLLECTED DEDUCTED FROM AID TO SUBDIVISIONS DISTRIBUTIONS.

"A. The governing body of each county and municipality which enacts and collects any fee which is charged on the transfer of real estate shall, not later than ten days after the close of a fiscal year quarter, remit to the State Treasurer an amount equal to the amount of real estate transfer fees collected in the previous fiscal year quarter. The county or municipality may voluntarily elect to have the State Treasurer or Comptroller General, as appropriate, deduct the amount required to be remitted from any distributions authorized to be made to the county or municipality under Aid to Subdivisions.

B. This section takes effect July 1, 1994."/

Amend sections, totals and title to conform.

Senator CORK raised a Point of Order that the amendment was out of order inasmuch as it is violative of Sections 6-27-40 and 6-27-50, S.C. Code of Laws, 1976, as amended.

Senators McCONNELL, LEATHERMAN, CORK and GIESE spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

Senator McCONNELL argued in favor of the adoption of the amendment and Senator CORK argued contra.

Senator WILSON argued in favor of the adoption of the amendment.

Senator CORK moved to lay the amendment on the table.

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

Cork Glover Gregory
Lander Short Smith, G.
Waldrep

Courson Courtney Drummond
Elliott Giese Hayes
Holland Land Leatherman
Leventis Martin Matthews
McConnell McGill Mitchell
Moore Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Smith, J.V.
Stilwell Thomas Washington
Williams Wilson

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

The amendment was adopted.

At 5:10 P.M., Senator PEELER requested a leave of absence from 6:00 P.M. until Tuesday.

Senator LEATHERMAN proposed the following Amendment No. 182 (4820R233.HKL), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 8.2, Secretary of State's Office, page 532, Proviso 8.2, left column, beginning on line 3, by striking the phrase / and all other statutes enforced by the Secretary of State/

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator RYBERG proposed the following Amendment No. 57C (4820R226.WGR), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 17E, Division of Operations, page 543, right column, after line 6, by adding a new proviso to read:

/(BCB/OIS: Reinsurance Bids) Upon the conclusion of the current coverage period, contracts administered by the Office of Insurance Services for automobile liability reinsurance, shall be bid every three years unless the Budget and Control Board makes a determination that a different term is more cost advantageous to the State. Whatever the term of any contract established under this provision, the contract must be rebid at the end of the term. /

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 185 (N05\7903BDW.94), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 17E, Budget & Control Board, Division of Operations, page 543, Proviso 17E.27, right column, by striking the sentence beginning on line 13 and inserting the following:
/Of the Grant Funds appropriated under the Division of Operations, $200,000 may be used for operating cost of the Division./

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 RICHTER proposed the following Amendment No. 64 (4820R007.LER), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 17E, Budget and Control Board, Division of Operations, page 544, left column, line 33, by adding a new proviso to read:

/ . (BCB/OIS: Health Insurance Plan Prevention Component) The Budget and Control Board shall direct the Office of Insurance Services to develop a prevention component to the health insurance plan for state employees, retirees, and teachers./

Amend sections, totals and title to conform.

Senator LEATHERMAN spoke on the amendment.

Senator RICHTER argued in favor of the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 75 (011.BBH), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 17G, BUDGET AND CONTROL BOARD, DIVISION OF BUDGET & ANALYSES, page 548, Proviso 17G.24, left column, line 6 by striking "the State Employee Adoption Assistance Program." and inserting "the Adoption Assistance Program, which shall be available to all public and private sector employees in the state of South Carolina."

Amend sections, totals and title to conform.

Senator PASSAILAIGUE 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 McCONNELL, PASSAILAIGUE, THOMAS, FORD and SHORT desired to be recorded as voting against the motion to table the amendment.

Senator CORK proposed the following Amendment No. 162 (4820R110.HAC), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 18A, Commission on Higher Education, page 555, Proviso 18A.18, right column, beginning on line 16, by striking the proviso in its entirety.

Amend sections, totals and title to conform.

Senator CORK argued in favor of the adoption of the amendment.

Senator McGILL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator RYBERG proposed the following Amendment No. 51A (007.SD), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 18a., page 557, by adding a new proviso to read:

/Of the funds appropriated to the Commission on Higher Education, a study shall be conducted of the number of out-of-state students compared to in-state students enrolled in graduate programs of study at each of the public colleges and university. This study shall include the fall enrollments for 1993 and 1994 and include any historical data on the percentage of out-of-state graduate students that have remained in South Carolina upon completion of their course of study. A report of the findings of this study shall be forwarded to the House Ways and Means Committee and the Senate Finance Committee by April 15, 1995./

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

The amendment was adopted.

Senators McCONNELL, PASSAILAIGUE, FORD, WASHINGTON, RICHTER, ROSE and GREG SMITH proposed the following Amendment No. 236 (024.BBH), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 18E, UNIVERSITY OF CHARLESTON, page 557,right column, line 37, by adding a new proviso to read:

SECTION 18E - UNIVERSITY OF CHARLESTON
18E.1 (Center for Entrepreneurship/Barnwell Revenue) The State Treasurer shall identify those general funds which are collected as a result of the disposal of out-of-compact low level nuclear waste. Of the general fund revenue collected pursuant to Part II, Section 64, any amount up to $1,300,000 of the amount collected after the initial $50 million estimate is collected and after the additional $5 million designated for infrastructure grant fund under Part IB, proviso 17E.35 is collected, must be appropriated to Part I Section 18E, University of Charleston, for building and equipment needs for the Center for Entrepreneurship, if funds for this center have not been made available previously through supplemental appropriations for FY 1993-94.

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 241 (014.SD), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 18N__, Technical and Comprehensive Education, page 559, Proviso 18N___, right column, line 9, by inserting:

/18N__ (Training for New and Expanded Industry - Payments of Prior Year Expenditures) The State Board for Technical and Comprehensive Education may reimburse business and industry for prior year training costs billed to the agency after fiscal year closing with the concurrence of the Comptroller General./

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 DRUMMOND proposed the following Amendment No. 176 (018.BBH), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19A, DEPARTMENT OF EDUCATION, proviso 19A.3, page 570, right column, line 12, by striking "fourth" and inserting "eighth".

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 SALEEBY proposed the following Amendment No. 161 (009.SD), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 19, Department of Education, page 570, Proviso 19.__, left column, line 30, by inserting a new proviso:

/Notwithstanding any other provisions of law, each school district in this State, upon the approval of the district's governing body, may maintain its own bank account for the purpose of making disbursement of school district funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such amount as needed, upon receipt of a written order certified by the district governing body or their designee. Such order shall contain a statement that such amount is for immediate disbursement for the payment of correct and legal obligation of the school district./

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 ROSE proposed the following Amendment No. 228A (DKA\3434SD.94), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 19, DEPARTMENT OF EDUCATION, page 570, Proviso 19.82, left column, by inserting before / Beaufort / on line 2 / Charleston, and /:

Amend sections, totals and title to conform.

Senator ROSE explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Having voted on the prevailing side, Senator HAYES asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 149 (DYY\16246AC.94), proposed by Senator HAYES was adopted.

The motion to reconsider was adopted.

On motion of Senator HAYES, with unanimous consent, Amendment No. 149 was withdrawn.

Senator HAYES proposed the following Amendment No. 149A (JIC\6065HTC.94), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 30 - Department of Health and Environmental Control, by adding an appropriately numbered paragraph to read:

/30. . (DHEC: Construction, Demolition, and Land-Clearing Debris Landfills) The department may not expend funds from any source to implement or enforce any of the provisions of R. 61-107.11, entitled Solid Waste Management: Construction, Demolition, and Land-Clearing Debris Landfills, or any provisions of Part III of the proposed amendments to this regulation approved in draft form by the Board of Health and Environmental Control on April 14, 1994, as these provisions apply to landfills managing construction, demolition, and land-clearing debris generated in the course of normal operations on property under the same ownership or control as the landfill, until separate regulatory requirements are promulgated and in effect for these landfills./

Amend sections, totals and title to conform.

Senator HAYES explained the amendment.

Senator HAYES moved that the amendment be adopted.

The amendment was adopted.

Senators J. VERNE SMITH, LEVENTIS and PASSAILAIGUE proposed the following Amendment No. 245 (JIC\6086HTC.94), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 30, Department of Health and Environmental Control, page 594, left column, by adding an appropriately numbered paragraph to read:

/30.___ (DHEC: Superb Fund Transfer) Notwithstanding any other provision of law, DHEC is authorized to make interfund transfers from July 1, 1994, through May 1, 1995, sufficient for the department to make orderly payment of obligations of the Superb Fund as provided in Chapter 2, Title 44 of the 1976 Code. With respect to payments made from these transfers and notwithstanding any other provisions of law, DHEC may negotiate the payment terms and conditions in the best interests of the State./

Amend sections, totals and title to conform.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 199 (4820R507.JCL), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 34, Department of Public Safety, page 597, left column, line 28, by inserting an appropriately numbered proviso to read:

/34. (FY94 Audit And Closing Package Exemption) The Department of Public Safety is exempt from any financial and management audits for fiscal year 1993-94. In addition, the Department is not required to submit Generally Accepted Accounting Principles (GAAP) closing packages for fiscal year 1993-94./

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 LEATHERMAN proposed the following Amendment No. 126 (041.DLR), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 35, Department of Social Services, Proviso 35.6, page 598, left column, line 27, by adding at the end of line 27 the following:

/The Department of Health and Environmental Control shall establish a certification fee, per bed, to fund the cost of the certificate of need program as it relates to residential care facilities. The fee shall be developed after consultation with the Residential Care Committee established under Section 44-7-370./

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 32 (GJK\20908SD.94), which was adopted:

Amend the bill, as and if amended, Part 1B, page 603, right column, by adding immediately after 46.3 a new proviso to read:

/46.4 (Phytosanitary Certificates) Revenues collected from the issuance of phytosanitary certificates shall be retained by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections./

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senators SETZLER and J. VERNE SMITH proposed the following Amendment No. 189 (JIC\6073HTC.94), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 69, Aid to Subdivisions--State Treasurer, page 614, right column, by adding an appropriately numbered paragraph to read:

/69B.__ (County Vehicle Registration) An amount not to exceed two and one-half million dollars credited to the Local Government Fund in the current fiscal year must be distributed quarterly to counties for implementation of the county vehicle registration and licensing program pursuant to Section 56-3-195 of the 1976 Code. These funds must be used to reimburse all reasonable and documented administrative costs incurred by a county in implementing the program not to exceed one dollar per license plate purchased or one dollar per vehicle registered in the county./

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 STILWELL proposed the following Amendment No. 232 (PT\1296DW.94), which was adopted:

Amend the bill, as and if amended, Part 1B, page 626, Proviso 129.34, right column, line 22, by striking / nominal / and inserting / reasonable/.

Amend sections, totals and title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senators O'DELL and WALDREP proposed the following Amendment No. 152 (008.DLR), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 129, General & Temporary, page 633, left column, line 29, by adding a new proviso to read:

129.__ (GP: Veterans' Nursing Homes) The Long Term Care Council in conjunction with the Governor's Office, Division of Veterans Affairs, is directed to study and review the nature, extent and scope of nursing home services provided in veterans' nursing homes in this State for the purpose of ascertaining which state agency is most appropriate to assume the administration and oversight of these nursing homes. The Council and Division shall submit a report of their findings and recommendations to the House Ways and Means Committee and the Senate Finance Committee before January 14, 1995.

Amend sections, totals and title to conform.

Senator J. VERNE SMITH spoke on the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

At 6:35 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.

At 6:55 P.M., the Senate resumed.

At 6:55 P.M., the PRESIDENT assumed the Chair.

Senators GREGORY and RICHTER proposed the following previously carried over Amendment No. 188 (PT\1256DW.94), which was adopted:

Amend the bill, as and if amended, Part IA, Section 11, Attorney General's Office, page 0052, immeditely after line 14, by inserting:

COLUMN 7 COLUMN 8
/Death Penalty Resource Center 43,718 43,718/

Amend sections, totals and title to conform.

Senator GREGORY explained the amendment.

Senator GREGORY moved that the amendment be adopted.

The amendment was adopted.

Senator GREGORY proposed the following Amendment No. 187 (PT\1254DW.94), which was adopted:

Amend the bill, as and if amended, Part IA, Section 13, Office of Appellate Defense, page 0054, line 11 by striking:

COLUMN 7 COLUMN 8
/DEATH PENALTY
RESOURCE CENTER 43,718 43,718/

Amend sections, totals and title to conform.

Senator GREGORY explained the amendment.

Senator GREGORY moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 106A (049.DLR), which was adopted:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 326, line 30 by:

COLUMN 7 COLUMN 8

STRIKING: 15,490,491 14,840,550

( ) ( )

INSERTING: 15,401,235 14,751,294

( ) ( )

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 McCONNELL proposed the following Amendment No. 249A (4820R249.GFM), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 3, General Assembly, page 526, right column, after line 44, by adding a new proviso to read:

3. . Notwithstanding any other provision of law or regulation, or any limitation or provision contained in this act, each branch of the General Assembly is exempt from any provision which requires the approval of the Budget and Control Board or any other executive branch agency.

Amend sections, totals and title to conform.

Senators McCONNELL and DRUMMOND spoke on the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 96A (4820R244.GFM), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 17G.36, Budget and Control Board, Division of Budget and Analyses, page 549-550, beginning on line 40 by striking the proviso in its entirety and inserting the following:

"17G.36. (BCB/DBA: BEA - Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made herein or by special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose being to make them payable in full in authorize expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate revenues available during the period for which the appropriations is are made are sufficient to pay them in full. The State Budget and Control Board shall have full power and authority is directed to survey the progress of the collection of revenue and the expenditure of funds by all agencies, departments and institutions. If the Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall fall in anticipated revenues, it shall utilize such funds as may be available and required to be used to avoid a year end deficit and thereafter take such action as necessary to restrict the rate of expenditure of all agencies consistent with the provisions of as provided in this section of this Act. No institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in any part of this Act shall be discontinued, deleted, or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the said Board, under authority of this Act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to funds encumbered by a written contract with an agency not connected with the State Government. No such reduction shall be ordered by the State Budget and Control Board while the General Assembly is in session without first reporting such necessity to the General Assembly and allowing 48 hours for a response and the General Assembly has taken no action to prevent the reduction within five statewide session days of formal written notification.

As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate the appropriations herein made to them as quarterly allocations so as to provide for operation on uniform standards throughout the fiscal year and in order to avoid a deficiency in such appropriations an operating deficit for the fiscal year. It should be recognized that academic year calendars of state institutions will affect the uniformity of the receipt and distribution of funds during the years. The Comptroller General or the Office of State Budget shall make such reports to the Budget and Control Board as they deem advisable on any agency which is expending authorized appropriations at a rate which predicts or projects a general fund deficit for the agency. The Budget and Control Board is authorized and directed to require any such agency, institutions or department to file a quarterly allocations plan and is further authorized to restrict the rate of expenditures of the agency, institution or department if the Board determines that a deficit may occur. It is the responsibility of any such agency to develop a plan, in consultation with the Budget and Control Board, that eliminates or reduces a deficit. Should the Budget and Control Board make a finding that the cause of and likelihood of a deficit is unavoidable due to factors which are wholly outside of an agency's control, then the Board may determine that the recognition of an agency deficit is appropriate and shall notify the General Assembly of such action or the presiding officer of the House and Senate if the General Assembly is not in session. Upon receipt of such notification from the Budget and Control Board, the General Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the previous fiscal year. If the General Assembly fails to take action, then the finding of the Budget and Control Board shall stand, and the actual deficit at close of the fiscal year shall be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as required by the Constitution. If the Budget and Control Board finds that the likelihood and cause of a deficit is the result of agency management, then the The bonds of State officials responsible for management of the agency involved violating the terms of this section shall be held liable therefor and the Board shall notify the Agency Head Salary Commission of such finding., unless the Budget and Control Board has been advised of, and officially recognizes the necessity for such deficit. In the case of a finding that a projected deficit is the result of the management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in such a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit."

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senators MOORE and RYBERG proposed the following Amendment No. 252A (CYY\16279AC.94), which was adopted:

Amend the bill, as and if amended, Part II, by deleting an unnumbered section designated as amendment no. 156 and bearing document no. CYY\16258AC.94 and inserting:

TO ESTABLISH A TASK FORCE UNDER THE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE TO STUDY OPEN HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES; TO PROVIDE FOR ITS MEMBERSHIP AND THEIR EXPENSES; TO PROVIDE REQUIREMENTS A FACILITY MUST MEET TO PERFORM THESE SERVICES UNTIL THE TASK FORCE ISSUES ITS FINDINGS AND RECOMMENDATIONS WHICH BECOME A PART OF THE STATE HEALTH PLAN; TO DIRECT THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS AND THE OFFICE AND RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A REVIEW AND STUDY RELATIVE TO OPEN HEART SURGERY AND THERAPEUTIC CARDIAC CATHETERIZATION SERVICES; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE SANCTIONS AS A RESULT OF THE RESULTS OF THE REVIEW OR STUDY AND TO PROHIBIT INTRODUCTION OF EVIDENCE OBTAINED THROUGH THE REVIEW OR STUDY; AND TO PROVIDE THAT THIS SECTION IS TO BE APPLIED PROSPECTIVELY ONLY.

A. There is established a task force under the Health Care Planning and Oversight Committee which shall conduct a study regarding open-heart surgery and therapeutic cardiac catheterization services for residents of South Carolina counties that are included in the Federal Bureau of Census' Metropolitan Statistical Areas (MSA) of another state. The study shall consider access to open-heart surgery to citizens of this State, the total cost of care to the patient and the patient's family, the impact on the economy of South Carolina, the impact on health care economics of South Carolina, quality of care available based upon physician volume, population trends, and projections of the South Carolina community.

The task force must be appointed by the Governor and must be composed of:

(1) one South Carolina citizen residing in an MSA to be studied;

(2) one member of the General Assembly representing an MSA to be studied;

(3) the Chairman of the State Health Planning Committee;

(4) a physician recommended by the South Carolina Medical Association;

(5) a representative of the hospital industry recommended by the South Carolina Hospital Association;

(6) the Commissioner of the South Carolina Department of Health and Environmental Control; and

(7) the Director of the Department of Insurance.

Members of the task force shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The findings and recommendations of the task force must be submitted to the Health Care Planning and Oversight Committee and the state health planning committee established pursuant to Section 44-7-180 no later than January 1, 1995. In the manner provided for in Section 44-7-180 of the 1976 Code, the findings and recommendations submitted to the health planning committee become part of the State Health Plan in effect at the time the findings and recommendations are submitted to the committee.

B. Until the task force established under subsection A. issues its findings and recommendations, a facility may provide therapeutic cardiac catheterizations if that facility:

(1) has obtained a Certificate of Need for diagnostic cardiac catheterization before July 10, 1992; and

(2) initiated elective therapeutic cardiac catheterization before January 1, 1993; and

(3) has a written open-heart surgery back-up agreement with a facility that provides an open-heart surgery service located within a thirty-minute one-way drive.

If the findings and recommendations of the task force do not provide for continued performance of therapeutic cardiac catheterization at a facility performing these services under this provision, the facility shall cease performing therapeutic cardiac catheterizations services within thirty days of the issuance of the findings and recommendations. If the findings and recommendations of the task force provide for continued performance of cardiac catheterizations at a facility performing this service under this provision and the facility applies for a Certificate of Need within thirty days, the facility may continue to provide the services until a final agency decision on the application for a Certificate of Need is issued, unless continued service is otherwise prohibited by Section 44-7-180 of the 1976 Code.

C. A committee appointed by the South Carolina Board of Medical Examiners shall conduct an annual review of the provision of therapeutic cardiac catheterization services and related physician practice at any hospital providing these services as authorized under subsection B. The committee must be composed of one physician specializing in cardiology from each congressional district and one cardiologist selected by the Board of Medical Examiners from the Medical University of South Carolina Cardiology Department who shall serve as chairman of the committee. None of the members of the committee may practice or reside in the Metropolitan Statistical Area (MSA) in which a facility to be reviewed is located. If the committee finds action by any physician at a facility where a review is being conducted creates an unreasonable risk to any patient, the State Board of Medical Examiners may take such action against the physician it considers necessary. In addition, the committee shall forward its findings to the Department of Health and Environmental Control and the department may take such action against the facility it considers necessary.

D. Upon this section's effective date, the Office of Research and Statistical Services of the State Budget and Control Board immediately shall initiate a study of facilities providing therapeutic cardiac catheterizations without on-site open-heart surgery services. The study shall compare patient outcomes between these facilities and facilities with on-site open-heart surgery and determine if there is a statistically significant difference in patient outcomes. If the study concludes that patients of a facility conducting therapeutic cardiac catheterization without on-site open-heart surgery services have a statistically significant unfavorable outcome compared to patients at facilities with open-heart surgery services, the facility without open-heart surgery services immediately shall discontinue performing therapeutic cardiac catheterizations. The Office of Research and Statistical Services shall issue its findings no later than twelve months from the effective date of this section. Any facility which is the subject of this study shall provide the office with all data and information sufficient to complete its work.

E. If the department has reason to believe that patient care is being compromised, it may impose sanctions and take action authorized under Article 3, Chapter 7, Title 44 of the 1976 Code.

F. All proceedings of a person or entity conducting a review described in subsections C. or D. are not subject to discovery, subpoena or introduction into evidence in any civil action for damages for injury to the person arising out of any medical or surgical treatment, omission, or operation by a licensed health care provider as defined in Article 5, Chapter 79, Title 38. Further, there is no monetary liability on the part of and no cause of action for damages arising against a person or entity conducting or participating in a review described in subsection G. Nothing in Article 3, Chapter 7, Title 44 of the 1976 Code is intended to provide immunity to a person or entity in a civil action for damages.

G. Nothing in this section negates or may be construed to prohibit any enforcement action taken by the department against a facility for initiating a therapeutic cardiac service without a Certificate of Need.

H. Except as otherwise provided for in this section, the provisions of this section apply prospectively only./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 183 (JIC\6070HTC.94), which was adopted:

Amend the bill, as and if amended, Part II, Section 80, page 688, left column, line 27 by striking /and/ and by inserting immediately after line 30:

/(12) to make recommendations regarding the development of an appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(B)./

Amend further, Section 80, page 692, left column, by inserting immediately after line 29:

/(7) An appeals process for those owners or operators who are denied access to the Superb fund because they were found not to be in substantial compliance under Section 44-2-40(B)./

Amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 166A (4820R119.MTR), which was adopted:

Amend the bill, as and if amended, Part II, Section 88, page 701, right column, line 30, by striking lines 30 through 36 and inserting:

/(C) A person violating the provisions of who violates this section, upon conviction, shall pay a fine of is guilty of a civil offense and must be fined not more than two hundred dollars or serve a term of imprisonment for not more than thirty days. Fines paid pursuant to this subsection must be deposited in the general fund of the State."/

Amend sections, totals and title to conform.

Senator ROSE explained the amendment.

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

Senators SETZLER, STILWELL, McCONNELL, DRUMMOND, PASSAILAIGUE, CORK, WILSON, ROSE and RICHTER proposed the following Amendment No. 208 (013.SD), which was adopted:

Amend the bill, as and if amended, Part II, Section __, page 706, by adding a new section:

/Funding equal to that appropriated for fiscal year 1994-95 must be appropriated to the Department of Education to offset any reduction suffered by school districts due to a change in the distribution of employer contribution funds. This funding shall be specifically appropriated and be reflected as a line item in the Appropriations Act. If the fiscal year 1994-95 level of funding to offset the change in allocation is not appropriated, Section 59-21-160 shall be suspended./

Amend sections, totals and title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

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

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.

Senators WILSON and MATTHEWS explained the amendment.

Senator WILSON moved that the amendment be adopted.

The amendment was adopted.

Senators HAYES, LEVENTIS, LANDER and WILSON proposed the following Amendment No. 147A (CYY\16266DW.94), which was adopted:

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

TO AMEND CHAPTER 111, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOLARSHIPS AND EDUCATION, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR ONE-HALF TUITION AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES AND TECHNICAL SCHOOLS FOR FULL-TIME MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD UNDER CERTAIN CONDITIONS, AND TO PROVIDE THE PROCEDURES FOR THE GRANTING OF SUCH ONE-HALF TUITION.

Chapter 111, Title 59 of the 1976 Code is amended by adding:

Section 59-111-410. As used in this article, `tuition' means the amount charged for registering for a credit hour of instruction and shall not be construed to mean any other fees or charges or costs of textbooks.

Section 59-111-420. (A) A full-time member of the South Carolina National Guard enrolled as a part-time student in state-supported institutions of higher learning or technical colleges, as these institutions are enumerated in Section 59-111-340, taking six credit hours or less is exempt from one-half of the tuition charges as long as the student remains a full-time member in good standing of the South Carolina National Guard. The student must be a resident of South Carolina in order to be eligible for such one-half tuition. This one-half tuition exemption may be claimed for a period of five years or until the receipt of a bachelor's degree, whichever occurs first. The State Commission on Higher Education shall administer the provisions of this section and shall have the authority to issue an exemption for one-half of the tuition fees for up to six credit hours per semester to a full-time member of the South Carolina National Guard so qualifying. This exemption shall remain in effect for one full academic year and may be renewed in accordance with regulations prescribed by the commission.

(B) The one-half tuition benefits provided by this section are optional with the particular institution or college and are based on availability of seats. Availability of seats shall be determined on a course-by-course basis during registration.

(C) If the student terminates membership in the South Carolina National Guard or if the student's work and conduct are no longer satisfactory to the governing body of the institution the student attends, the exemption is forfeited immediately, and the student shall pay the institution all tuition charges from which the student was exempt for that period.

(D) To receive the exemption, a student must be a member in good standing of the South Carolina National Guard for the entire semester for which the exemption is claimed.

(E) The Adjutant General shall promulgate the regulations necessary for the implementation of this article and submit a list of eligible participants to the State Commission on Higher Education for validation.

(F) The State Commission on Higher Education shall validate the South Carolina National Guard list and forward an exemption certificate for each student to the registrar of the appropriate institution. The institution may then permit the student to attend up to six credit hours of classes per semester by paying one-half of the required tuition at the institution on a space available basis.

Section 59-111-430. The credit hours generated by students who are full-time members of the South Carolina National Guard receiving one-half tuition under this article shall not be used in computing the higher education funding formula and shall not have an impact on the level of funding an institution receives.

Section 59-111-440. The provisions of this article are applicable beginning with the fall semester or quarter of 1995 and thereafter."/

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senators ROSE, RICHTER, WASHINGTON, FORD and THOMAS proposed the following amendment (JIC\6071HTC.94), previously printed in the Journal of Wednesday, May 11, 1994, and carried over, which was withdrawn.

On motion of Senator ROSE, with unanimous consent, Amendment No. 204 was withdrawn.

Senator ROSE proposed the following Amendment No. 235 (4820R118.MTR), which was tabled:

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, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT AN AMOUNT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY EQUAL TO THE PERCENTAGE OF THE PROPERTY'S FAIR MARKET VALUE WHICH EXCEEDS THE AVERAGE INCREASE IN THE FAIR MARKET VALUE OF SUCH PROPERTY ATTRIBUTABLE TO AN EQUALIZATION AND REASSESSMENT PROGRAM OR TO EXEMPT A PORTION OF THE INCREASE IN ASSESSED VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY BASED ON HOUSEHOLD INCOME, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY BY ORDINANCE MAY AUTHORIZE ONE EXEMPTION OR THE OTHER, BUT NOT BOTH, AND TO PROVIDE FOR REPLACING THE REVENUE LOST FROM THE EXEMPTION.

A. Section 12-37-220(B) of the 1976 Code is amended by adding:

"(35) (a) The provisions of subitems (b) or (c) of this item apply only if authorized by an ordinance enacted by the governing body of the county where the property is located. The ordinance may authorize either the exemption allowed by subitem (b) or subitem (c), but not both.

(b) There is exempt from all ad valorem taxes that portion of the fair market value of a property assessed pursuant to Section 12-43-220(c) attributable to the percentage increase in fair market value that exceeds the average percentage increase in the value of all such property resulting from a countywide equalization and reassessment program. This exemption does not apply to increases in fair market value attributable to improvements.

(c) (1) There is exempt from all ad valorem taxation an amount equal to a percentage of the total increase in fair market value of a property assessed pursuant to Section 12-43-220(c) resulting from a countywide equalization and reassessing program, not including any increase attributable to improvements, according to the following schedule:

Household income Exempt percentage of

(rounded to the nearest income) increased fair market value

$ 0- 9,999 Determined by county government

10,000-14,999 Determined by county government

15,000-19,999 Determined by county government

20,000-24,999 Determined by county government

25,000 or more Determined by county government

(2) For purposes of this subitem, `household' means an individual or group of individuals living together in the residential property assessed pursuant to Section 12-43-220(c).

(d) The revenue lost from an exemption allowed pursuant to this item by a county may be replaced as authorized by ordinance by a county's governing body by:

(1) an additional tax millage levied on taxable property in the county; or

(2) revenues distributed to the county pursuant to Chapter 27, Title 6."/

Amend sections, totals and title to conform.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it is violative of Sections 6-27-40 and 6-27-50, S.C. Code of Laws, 1976, as amended.

Senator ROSE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator ROSE argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.

Senator ROSE moved that the amendment be adopted.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Courson Drummond Elliott
Jackson Land Lander
Leatherman Leventis Martin
Matthews McConnell McGill
Passailaigue Rankin Reese
Russell Ryberg Short
Smith, G. Smith, J.V. Stilwell
Waldrep

Ford Richter Rose
Thomas Wilson

The amendment was laid on the table.

Senators BRYAN, PASSAILAIGUE and LAND proposed the following Amendment No. 242 (JIC\6055HTC.94), which was adopted:

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

TO AMEND SECTION 12-7-1220, AS AMENDED, OF THE 1976 CODE, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED; TO AMEND SECTION 12-7-1250, AS AMENDED, RELATING TO THE INFRASTRUCTURE CREDIT, SO AS TO MAKE THE TEN THOUSAND DOLLARS MAXIMUM CREDIT APPLY ANNUALLY RATHER THAN FOR THE ENTIRE PROJECT, TO ALLOW UP TO THIRTY THOUSAND DOLLARS OF CREDIT TO BE CARRIED FORWARD, AND TO ALLOW THE CREDIT ON A CONSOLIDATED RETURN BASIS; AND TO AMEND SECTION 12-7-430, AS AMENDED, RELATING TO ADJUSTMENTS TO INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW RETROACTIVELY AN ADJUSTMENT FOR THE FEDERAL MERCHANT MARINE CAPITAL CONSTRUCTION INCENTIVE.

Whereas, the General Assembly has enacted various income tax credits, including the jobs tax credit, as inducements to businesses to locate, expand, or carry on certain activities in this State; and

Whereas, many businesses operate through more than one corporation, including parent and subsidiary and commonly owned sister corporations; and

Whereas, the intent of the General Assembly was that, if such a group of corporations file a consolidated income tax return, a credit generated by one member of the group should be allowed to offset the tax liability of other members. Now, therefore,

A. Section 12-7-1220(F) of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:

"(F) The sale, merger, acquisition, or bankruptcy of a corporation may not create new eligibility in a succeeding corporation, but unused job tax credits may be transferred and continued by a transferee of the corporation. The appropriate commission shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings needed for substantiation and qualification. The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation, but unused job tax credits may be transferred and continued by the succeeding corporation. In addition, a corporation may assign its rights to its jobs tax credit to another corporation if it transfers all, or substantially all, of the assets of the corporation or all, or substantially all, of the assets of a trade or business or operating division of a corporation related to the generation of the jobs tax credits to that corporation if the required number of new jobs is maintained for that amount of credit. No corporation is allowed a jobs tax credit if the net employment increase for that corporation falls below ten for a less developed county, eighteen for a moderately developed county, or fifty for a developed county. The Department of Revenue and Taxation or Department of Insurance, as appropriate, shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings needed for substantiation and qualification."

B. Article 13, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1645. (A) A consolidated return may be filed for the following corporations:

(1) a parent and substantially controlled subsidiary or subsidiaries;

(2) two or more corporations under substantially the entire control of the same interest.

The terms `substantially controlled' and `substantially the entire control' mean the ownership of at least eighty percent of the total combined voting power of all classes of stock of all corporations that are a party to a consolidated return.

(B) All corporations included in a consolidated return must be subject to tax under Section 12-7-230.

(C) A corporation doing business entirely within this State may consolidate with a corporation doing a multistate business. Two or more corporations doing a multistate business may file a consolidated return.

(D) A consolidated return means a single return for two or more corporations in which income or loss is separately determined as follows:

(1) South Carolina taxable income or loss is computed separately for each corporation;

(2) allocable income is allocated separately for each corporation;

(3) apportionable income or loss is computed utilizing separate apportionment factors for each corporation;

(4) income or loss computed in accordance with items (1) through (3) of this subsection is combined and reported on a single return for the controlled group.

(E) All corporations included in a consolidated return or a combined return must use the same accounting year.

(F) If a corporation which files or is required to file a consolidated return is entitled to one or more income tax credits, including the carryover of unused credits from prior years, the income tax credits may be determined on a consolidated basis. Limitations on credits which refer to the income or the income tax liability of a corporation are deemed to refer to the income or income tax liability of the consolidated group, and credits shall reduce the consolidated group's tax liability regardless of whether or not the corporation entitled to the credit contributed to the tax liability of the consolidated group.

(G) The election to file a consolidated return or separate returns must be made on an original and timely return and may not be changed after the return is filed.

(H) Once an election is made to file a consolidated return, this election must be adhered to until permission is granted by the Department of Revenue and Taxation to file separate returns."

C. (1) Section 12-7-1250(A) of the 1976 Code is amended to read:

"(A) A corporate taxpayer is allowed as a credit against taxes due pursuant to Section 12-7-230 an amount equal to fifty percent, not to exceed ten thousand dollars annually, of expenses paid or accrued by the taxpayer in building or improving any one infrastructure project. Any unused credit, up to a total amount of thirty thousand dollars, may be carried forward three years."

(2) Section 12-7-1250 of the 1976 Code, as last amended by Section 113 of Act 181 of 1993, is further amended by adding:

"(F) A corporation which files or is required to file a consolidated return is entitled to the income tax credit allowed by this section on a consolidated basis. The tax credit may be determined on a consolidated basis regardless of whether or not the corporation entitled to the credit contributed to the tax liability of the consolidated group."

D. Section 12-7-430 of the 1976 Code is amended by adding:

"(i) Notwithstanding Section 12 of Act 101 of 1985, Internal Revenue Code Section 7518 applies retroactively to taxable years beginning after 1986 and applies to any taxpayer."

E. Upon approval by the Governor, subsections A and B of this section are effective June 8, 1989. Subsection C of this section is effective for taxable years beginning after 1987. Subsection D takes effect upon approval by the Governor./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 244 (N05\7894BDW.94), which was adopted:

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

TO AMEND THE 1976 CODE BY ADDING SECTIONS 57-3-130 THROUGH 57-3-190 SO AS TO TRANSFER CERTAIN MOTOR VEHICLE, TRUCK, MOBILE HOME, AND MODULAR PERMIT REQUIREMENTS TO TITLE 57 AND PROVIDE FOR THE TRANSFER OF RELATED RESPONSIBILITIES TO THE DEPARTMENT OF TRANSPORTATION; AND TO REPEAL SECTIONS 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, AND 56-5-4205 RELATING TO THE PERMIT REQUIREMENTS.

A. The 1976 Code is amended by adding:

"Section 57-3-130. (A) Subject to the conditions prescribed in subsection (B), the Department of Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in Article 33, Chapter 5 of Title 56 or otherwise not in conformity with the article upon a state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by a police officer or an authorized agent of the authority granting the permit. No person may violate the terms or conditions of the special permit. The Department of Transportation shall charge a fee of twenty dollars for each permit issued, and fees collected pursuant to this section must be placed in the state highway fund and used for defraying the cost of issuing and administering the permits and for other highway purposes.

(B)(1) The Department of Transportation may exercise its discretion in issuing permits for the movement of all types of vehicles which exceed the legal size and weight limits, if the:

(a) load carried on the vehicle cannot be disassembled readily;

(b) movements are made so as not to damage the highways nor unduly interfere with highway traffic.

(2) The Department of Transportation may limit or prescribe the conditions of operation of the vehicles provided for in item (1) and may require insurance or other security it considers necessary.

(3) The following are general provisions applicable to all oversize and overweight loads:

(a) The granting of a permit does not constitute a waiver of the license requirements imposed by South Carolina, does not waive the liability or responsibility of the applicant which might accrue for property damage, including damage to the highways, or for personal injuries, and does not exempt the applicant from compliance with the ordinances, rules, and regulations of a municipality.

(b) Before granting a permit, the Department of Transportation, at its discretion, may require the vehicle owner or operator to furnish a certificate showing the amount of public liability and property damage insurance carried.

(c) All vehicles shall meet the requirements of all applicable laws and regulations.

(d) Overwidth loads or mobile homes must be moved over sections of highways selected by the Department of Transportation.

(e) The Department of Transportation shall determine the speeds permitted loads are to operate under.

(f) The driver shall remove the towing vehicle along with the load or mobile home from the traveled way to allow closely following traffic, five vehicles maximum, to pass and proceed.

(4) Applications for overweight and oversize permits must be submitted on forms provided by the Department of Transportation and must include all the necessary information required. Each application must be accompanied by the permit fee before it may be issued. The permit fee accompanying an application that is rejected must be returned to the person or company named within the application.

(5) Special oversize and overweight trip permits for movement of vehicles or combinations of vehicles with individual loads on them in excess of the maximum sizes and weights allowed must receive special consideration by and have prior approval of the Department of Transportation before any part of the move to be undertaken.

(6) The State reserves the right to recall or not issue permits in accordance with the limitations provided in this section if there is an abuse of the permit or the permit would cause an unnecessary amount of disruption in the normal traffic flow.

(C) Notwithstanding the exemptions provided in Section 56-5-4020, the owner of vehicles or combinations of vehicles used to transport and spread soil improvement products exempted from load and size limitations shall obtain an annual special permit from the Department of Transportation which prescribes limitations on the exemption the Department of Transportation may determine necessary. The fee for the annual permits is five dollars. The fees must be used as prescribed for other fees collected pursuant to this section.

(D) The detailed implementation of this section does not have general applicability to the public as prescribed in Chapter 23 of Title 1. Additional procedures established by the Department of Transportation for implementation are exempt from the requirement of General Assembly approval required by that chapter when the procedures are established in accordance with this section.

Section 57-3-140. (A) The Department of Transportation, under the terms and conditions as in its judgment may be in the public interest for safety on the highways and in addition to other permits required by Title 57, may issue permits for the use on public highways of sheet tobacco trucks. For the purposes of this section 'sheet tobacco truck' is defined as a vehicle used to transport tobacco in sheets which does not exceed ninety-six inches in width at the truck bed and nine feet six inches at the widest part of the load above the truck bed. To be valid the permit must be carried on the towing vehicle, and it is unlawful for a person to violate a provision, term, or condition of the permit. The fee for each permit is fifteen dollars, and it authorizes the use of only one properly described sheet tobacco truck. The Department of Transportation may promulgate regulations to implement this section.

(B) A person violating subsection (A) or a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

Section 57-3-150. The Department of Transportation, under the terms and conditions it considers to be in the best interest of the public for safety on the highways, may issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department of Transportation. The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for a person to violate a provision, term, or condition of the permit. The permit is subject at all times to inspection by a law enforcement officer or an authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department of Transportation is notified in writing that the permit has been lost, stolen, or destroyed.

Section 57-3-160. (A) Notwithstanding Section 56-5-4030 or another provision of Chapter 5 of Title 56, the Department of Transportation shall issue, under terms and conditions in the public interest for safety on the highways, a permit for the use on the public highways of cotton modular vehicles. The permit must be issued annually, and it allows movement on the highways at any time. For the purposes of this section, `cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle may not exceed a width of one hundred seven inches and may not exceed a length of fifty feet extreme overall dimensions, inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for a person to violate a provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. Loaded cotton modular vehicles must not be operated on interstate highways.

(B) A person violating this section, a provision, term, or condition of the permit, or a regulation promulgated pursuant to this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

Section 57-3-170. Before issuance of an open-end permit, the permittee shall file with the Department of Transportation a:

(1) bond in the amount of five hundred dollars or a greater amount the applicant determines at all times equals or exceeds the net value of all open-end permits issued to the applicant by the Department of Transportation for which payment is not received at the time of issuance, payable to the department by a surety or guaranty company authorized to do business in this State and approved by the department as surety conditional upon the lawful movement of an oversize mobile home, modular home unit, or utility building over a highway in this State and the payment to the department of amounts when due for fees provided for in Sections 56-3-710 and 57-3-180 and the compliance with all of the terms, conditions, and restrictions of an oversize permit of any sort issued to the person filing bond; or

(2) deposit of cash or acceptable negotiable securities sufficient in the opinion of the Department of Transportation to secure adequately the sum of five hundred dollars or a greater amount the applicant may determine at all times equals or exceeds the net value of all open-end permits to be issued to the applicant by the Department of Transportation for which payment is not received at the time of issuance. The deposit must be made upon the same conditions as those required to be set forth in the bond provided for in item (1).

Section 57-3-180. All persons to whom open-end permits are issued shall file with the Department of Transportation before the twenty-first day of each January, April, July, and October reports showing the number of trips made during the preceding quarter ending on December thirty-first, March thirty-first, June thirtieth, and September thirtieth, respectively, the dates of the trips, and other information the department may require. The fee of ten dollars a trip, required to be paid pursuant to Section 56-3-710, must be paid to the Department of Transportation with each report filed. However, the fee for additional trips of less than twelve miles distance made under the open-end permits is one dollar a trip. Persons to whom open-end permits are issued shall maintain full and complete records of all oversize mobile homes, modular home units, or utility buildings moved, the records to be open to audit and inspection by the Department of Transportation and the Department of Public Safety.

Section 57-3-190. The Department of Transportation, in the public interest for safety on the highways, may issue open-end or annual permits for moving oversize loads and vehicles, oversize mobile homes, modular home units, utility buildings, and steel tanks, pursuant to Sections 57-3-160, 57-3-170, and 57-3-180. All heights may not exceed fourteen and one-half feet, and the owner of a transporter is responsible for damage which may occur."

B. Sections 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, and 56-5-4205 of the 1976 Code are repealed.

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

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 250 (4820R248.JD), 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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ISSUE BONDS, NOTES, AND OTHER OBLIGATIONS FOR THE PURPOSE OF ACQUIRING FACILITIES TO BE USED AND OCCUPIED BY STATE DEPARTMENTS AND AGENCIES AND TO PROVIDE FOR THE PAYMENT OF SUCH BONDS.

The State Budget and Control Board is authorized to issue and sell bonds, notes or other obligations for the purpose of acquiring facilities for the use and occupancy of State departments and agencies, provided that such obligations shall be payable solely from revenues derived from the leasing or sale of the facilities acquired with the proceeds of the sale of such obligations and shall be secured solely by a pledge of such revenues and, at the option of the State Budget and Control Board, a mortgage of such facilities.

Amend sections, totals and title to conform.

Senator DRUMMOND argued in favor of the adoption of the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 243A (JIC\6088HTC.94), which was adopted:

Amend the bill, as and if amended, Part II, beginning on page 634, by striking SECTION 3 and inserting:

TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR, TO PHASE IN THE FULL DEDUCTION OVER TAX YEARS 1995 THROUGH 1998, AND TO MAKE THE DEDUCTION AFTER TAX YEAR 1995 CONTINGENT ON THE IDENTIFICATION IN THE TAX YEAR OF A DEDICATED SOURCE OF TAX REVENUE OR REVENUE ENHANCEMENTS TO OFFSET THE REVENUE LOSS.

Section 12-7-435 of the 1976 Code, as last amended by Act 171 of 1991, is further amended by adding an appropriately lettered item to read:

"( ) A resident individual taxpayer is allowed a deduction for each dependent claimable on the taxpayer's federal income tax return who has not yet attained the age of six years during the applicable tax year. The deduction for taxable years after 1995 is contingent upon the identification in the taxable year of a dedicated source of either tax revenues or other revenue enhancements to offset the revenue loss caused by the deduction. The deduction allowed by this section is an amount equal to a percentage of the federal income tax personal exemption amount allowed for the applicable taxable year as follows:

Taxable year 1995 twenty-five percent

Taxable year 1996 fifty percent

Taxable year 1997 seventy-five percent

Taxable years after 1998 one hundred percent."/

Amend sections, totals and title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 243B (JIC\6089HTC.94), which was adopted:

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

TO AMEND SECTION 12-7-437, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS ALLOWED A PORTION OF NET CAPITAL GAIN FOR PURPOSES OF THE STATE INCOME TAX, SO AS PERMANENTLY TO MAINTAIN THE DEDUCTION AT TWENTY-NINE PERCENT.

Section 12-7-437(A) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"(A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts equal to the following amounts of net capital gain recognized during the below-referenced taxable years:

(1) fourteen percent for taxable years beginning in 1990;

(2) twenty-nine percent for taxable years beginning in 1991; after 1990

(3) forty-four percent for taxable years beginning after 1991."/

Amend sections, totals and title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE desired to be recorded as voting against the adoption of the amendment.

Having voted on the prevailing side, Senator PASSAILAIGUE asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 250 (4820R248.JD), proposed by Senator DRUMMOND was adopted.

Senator DRUMMOND spoke on the motion.

Senator LEATHERMAN spoke on the motion.

The motion to reconsider was adopted.

On motion of Senator DRUMMOND, Amendment No. 250 was carried over.

Senators GREG SMITH, ELLIOTT and RANKIN proposed the following Amendment No. 217A (4820R120.GS), 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 THE 1976 CODE BY ADDING SECTION 44-55-2332 SO AS TO DEFINE "LIFEGUARD" FOR PURPOSES OF THE PUBLIC SWIMMING POOL REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONSTRUCTION PERMIT FEE FOR A TYPE E POOL IS FIVE HUNDRED DOLLARS FOR EACH FLUME OR WATERCOURSE.

Article 23, Chapter 55, Title 44 of the 1976 Code is amended by adding:

"Section 44-55-2332. (A) For purposes of Regulation 61-51 of the South Carolina Code of Regulations regulating swimming pools, a `lifeguard' includes a person who is licensed by those organizations listed or having equivalent training as determined by the Department of Health and Environmental Control.

(B) The fee for a Type E pool as defined in Regulation 61-51 is five hundred dollars for each flume or watercourse."/

Amend sections, totals and title to conform.

Senator GREG SMITH explained the amendment.

Senator GREG SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 250 (4820R248.JD), proposed by Senator DRUMMOND which was previously carried over, was taken up for immediate consideration and withdrawn.

At 7:35 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.

At 8:03 P.M., the Senate resumed.

Senator DRUMMOND proposed the following Amendment No. 250B (4820R251.JD), 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 PROVIDE AUTHORIZATION FOR THE STATE BUDGET AND CONTROL BOARD TO ISSUE BONDS, NOTES, AND OTHER OBLIGATIONS FOR THE PURPOSE OF ACQUIRING REAL PROPERTY LOCATED AT 3150 HARDEN STREET TO BE USED AND OCCUPIED BY STATE DEPARTMENTS AND AGENCIES AND TO PROVIDE FOR THE PAYMENT OF SUCH BONDS.

The State Budget and Control Board is authorized to issue and sell bonds, notes or other obligations for the purpose of acquiring facilities at 3150 Harden Street for the use and occupancy of State departments and agencies, provided that such obligations shall be payable solely from revenues derived from the leasing or sale of the facilities acquired with the proceeds of the sale of such obligations and shall be secured solely by a pledge of such revenues and, at the option of the State Budget and Control Board, a mortgage of such facilities.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator DRUMMOND, with unanimous consent, the amendment of the Senate Finance Committee, as amended, was adopted.

On motion of Senator DRUMMOND, with unanimous consent, with unanimous consent, Mr. Mike Shealy, Director, Senate Finance Committee, was granted leave to address the body.

The Finance Committee proposed the following Amendment No. 131 (4820R403.SFC), which was adopted:

Amend the bill, as and if amended, Part IA, Section 3B, page 9, line 18, by striking in columns 7 and 8, "$25,000".

Amend further, Part IA, Section 4A, page 27, line 23, by striking in column 7 and 8, "$844,189" and insert "$409,189".

Amend further, Part IA, Section 4A, page 29, line 23, by striking in column 7 "$751,015" and inserting "$451,015" and by striking in column 8 "$657,316" and inserting "$357,316".

Amend further, Part IA, Section 10, page 50, line 5, by striking in columns 7 and 8, "$1,029,045" and inserting in columns 7 and 8 "$964,908".

Amend further, Part IA, Section 11, page 52, line 14, by striking in column 7 "$330,000" and inserting "$297,000" and by striking in column 8 "$33,000".

Amend further, Part IA, Section 12, page 53, line 15, by striking in column 7 "$4,422,641" and inserting "$4,131,321" and in column 8 by striking "$3,942,064" and inserting "$3,650,744".

Amend further, Part IA, Section 13, page 54, line 5 by striking in columns 7 and 8 "$526,281" and inserting "$442,619".

Amend further Part IA, Section 13, page 54, line 9 by striking in columns 7 and 8 "$226,829" and inserting "$130,569".

Amend further Part IA, Section 13, page 54, line 19 by striking in columns 7 and 8 "$145,748" and inserting $"125,670".

Amend further Part IA, Section 16, page 61, line 24 by striking in columns 7 and 8 "$223,560" and inserting "$220,300".

Amend further, Part IA, Section 17C, page 68, line 17 by striking in columns 7 and 8 "$100,000".

Amend further, Part IA, Section 18B, page 124, line 19 by striking in column 7 "$16,633,794" and inserting "$16,133,794" and in column 8 by striking "$15,846,136" and inserting "$15,346,136".

Amend further, Part IA, Section 18C, page 132, line 17 by striking in columns 7 and 8 "$326,762" and inserting "$209,923".

Amend further, Part IA, Section 18D, page 139, line 35 by striking in columns 7 and 8 "$2,082,661" and inserting "$1,337,972".

Amend further, Part IA, Section 18E, page 145, line 32 by striking in columns 7 and 8 "$565,944" and inserting "$363,582".

Amend further, Part IA, Section 18F, page 153, line 5 by striking in columns 7 and 8 "$264,270" and inserting "$169,776".

Amend further, Part IA, Section 18G, page 159, line 39 by striking in columns 7 and 8 "$317,482" and inserting "$203,961".

Amend further, Part IA, Section 18H, page 164, line 28 by striking in columns 7 and 8 "$209,280" and inserting "$134,449".

Amend further, Part IA, Section 18J, page 168, line 29 by striking in columns 7 and 8 "$650,000".

Amend further, Part IA, Section 18J, page 172, line 29 by striking in columns 7 and 8 "$497,745" and inserting "$319,768".

Amend further, Part IA, Section 18KA, page 181, line 15 by striking in columns 7 and 8 "$3,670,491" and inserting "$2,358,048".

Amend further, Part IA, Section 18KC, page 191, line 4 by striking in columns 7 and 8 "$204,423" and inserting "$131,328".

Amend further, Part IA, Section 18KD, page 196, line 22 by striking in columns 7 and 8 "$255,063" and inserting "$163,861".

Amend further, Part IA, Section 18KE, page 201, line 6 by striking in columns 7 and 8 "$47,741" and inserting "$30,670".

Amend further, Part IA, Section 18KF, page 206, line 5 by striking in columns 7 and 8 "$64,092" and inserting "$41,175".

Amend further, Part IA, Section 18KG, page 210, line 38 by striking in columns 7 and 8 "$49,222" and inserting "$31,622".

Amend further, Part IA, Section 18KH, page 216, line 13 by striking in columns 7 and 8 "$90,519" and inserting "$58,152".

Amend further, Part IA, Section 18KJ, page 220, line 30 by striking in columns 7 and 8 "$24,574" and inserting "$15,787".

Amend further, Part IA, Section 18L, page 227, line 26 by striking in columns 7 and 8 "$475,708" and inserting "$305,611".

Amend further, Part IA, Section 18MA, page 238, line 32 by striking in columns 7 and 8 "$1,982,948" and inserting "$1,273,913".

Amend further, Part IA, Section 18MB, page 241, line 34 by striking in columns 7 and 8 "$582,255" and inserting "$374,061".

Amend further, Part IA, Section 18MC, page 244, line 19 by striking in columns 7 and 8 "$339,386" and inserting "$218,033".

Amend further, Part IA, Section 18N, page 248, line 12 by striking in columns 7 and 8 "$2,970,434" and inserting "$1,908,308".

Amend further, Part IA, Section 19, page 253, line 12 by striking in column 7 "$17,248,173" and inserting "$16,248,173" and in column 8 by striking "$16,643,956" and inserting "$15,643,956" .

Amend further, Part IA, Section 19, page 253, line 15 by striking in columns 7 and 8 "$33,549,473" and inserting "$28,549,473".

Amend further, Part IA, Section 20, page 267, line 35 by striking in column 7 "$4,354,249" and inserting "$4,004,249" and in column 8 by striking "$3,327,622" and inserting"$2,977,622".

Amend further, Part IA, Section 22, page 272, line 18 by striking in column 7 "$18,833,523" and inserting "$18,433,523" and by striking in column 8 "$10,278,070" and inserting "$9,878,070".

Amend further, Part IA, Section 22, page 272, line 27 by striking in column 7 "$11,107,434" and inserting "$10,557,434 and by striking in column 8 "$550,000".

Amend further, Part IA, Section 23, page 277, line 1 by striking in column 7 "$60,250" and inserting "$10,250" and by striking in column 8 "$50,000".

Amend further, Part IA, Section 23, page 277, line 4 by striking in columns 7 and 8 "$100,000".

Amend further, Part IA, Section 25, page 282, line 5 by striking in columns 7 and 8 "$85,655" and inserting "$82,626".

Amend further, Part IA, Section 25, page 282, line 9 by striking in columns 7 and 8 "$42,678" and inserting "$41,178".

Amend further, Part IA, Section 26, page 283, line 37 by striking in column 7 "$650,487" and inserting "$560,487" and by striking in column 8 "$274,893" and inserting "$184,893".

Amend further, Part IA, Section 26, page 284, line 21 by striking in columns 7 and 8 "$3,671,028" and inserting "$3,459,396".

Amend further, Part IA, Section 27, page 286, line 10 by striking in columns 7 and 8 "$561,124" and inserting "$556,624".

Amend further, Part IA, Section 28, page 288, line 10 by striking in column 7 "$3,167,062" and inserting "$3,035,162" and by striking in column 8 "$3,072,037 and inserting "$2,940,137."

Amend further, Part IA, Section 30, page 301, line 33 by striking in column 7 "$31,606,534" and inserting "$31,356,534" and by striking in column 8 "$5,927,146" and inserting $5,677,146".

Amend further, Part IA, Section 31, page 314, line 6 by striking in column 7 "$8,172,681" and inserting "$8,122,681" and by striking in column 8 "$3,503,051" and inserting "$3,453,051".

Amend further, Part IA, Section 32, page 319, line 27 by striking in column 7 "$108,883,942" and inserting "$108,483,942" and by striking in column 8 "$26,470,805" and inserting "$26,070,805".

Amend further, Part IA, Section 32, page 321, line 8 by striking in column 7 "$3,500,000" and inserting "$2,500,000" and by striking in column 8 "1,000,000".

Amend further, Part IA, Section 35, page 348, line 29 by striking in column 7 "$31,744,098" and inserting "$18,068,361" and by striking in column 8 "$19,994,194 and inserting "$6,318,457".

Amend further, Part IA, Section 41, page 369, line 22, by striking in column 7 "$97,218,919" and inserting "$87,218,919 and by striking in column 8 "$94,993,016" and inserting "$84,993,016.

Amend further, Part IA, Section 42, page 376, line 19 by striking in column 7 "$15,946,635" and inserting "$15,355,068" and in column 8 by striking "$9,208,119" and inserting "$8,616,552".

Amend further, Part IA, Section 42, page 376, line 22 by striking in columns 7 and 8 "$440,055".

Amend further, Part IA, Section 42, page 376, line 34 by striking in columns 7 and 8 "$634,414".

Amend further, Part IA, Section 42, page 377, line 11 by striking in columns 7 and 8 "$281,310".

Amend further, Part IA, Section 42, page 377, line 15 by striking in columns 7 and 8 "$114,192".

Amend further, Part IA, Section 42, page 377, line 22 by striking in column 7 "$3,602,069" and inserting "$2,602,069" and by striking in column 8 "$1,373,283" and inserting "$373,283".

Amend further, Part IA, Section 43, page 381, line 22 by striking in column 7 "$1,921,987" and inserting "$1,043,997" and by striking in column 8 "$1,752,350" and inserting "$874,360".

Amend further, Part IA, Section 43, page 382, line 15 by striking in column 7 and column 8 "$612,556" and inserting "$552,556".

Amend further, Part IA, Section 46, page 398, line 3 by striking in column 7 "$5,709,077" and inserting "$5,309,077" and by striking in column 8 "$4,605,938" and inserting "$4,205,938".

Amend further, Part IA, Section 46, page 398, line 5 by striking in column 7 "$6,676,542" and inserting "$6,376,542" and by striking in column 8 "$5,542,133" and inserting "$5,242,133".

Amend further, Part IA, Section 46, page 398, line 19 by striking in column 7 "$13,446,812" and inserting "$13,306,812" and by striking in column 8 "$10,432,325" and inserting "$10,292,325".

Amend further, Part IA, Section 47, page 404, line 31 by striking in column 7 "$7,061,083" and inserting "$6,761,083" and by striking in column 8 "$4,702,006" and inserting "$4,402,006".

Amend further, Part IA, Section 47, page 407, line 17 by striking in columns 7 and 8 "$368,000" and inserting "$218,000".

Amend further, Part IA, Section 60, page 438, line 15 by striking in columns 7 and 8 "$158,929" and inserting "$83,929".

Amend further, Part IA, Section 128, Estimate of General, School, Highway, and Education Improvement Act Revenues, page 518A, by:

Senate

Finance

Committee

FY1994-95

STRIKING: Income Tax-Individual 1,620,179,796

INSERTING: Income Tax-Individual 1,629,179,796

Amend further, Part IA, Section 128, Estimate of General, School, Highway, and Education Improvement Act Revenues, page 518A, by:

Senate

Finance

Committee

FY1994-95

STRIKING: Income Tax-Corporate 176,457,573

INSERTING: Income Tax-Corporate 176,107,573

Amend further, Part IA, Section 128, Estimate of General, School, Highway, and Education Improvement Act Revenues, page 518A, by:

Senate

Finance

Committee

FY1994-95

STRIKING: Beer and Wine Tax 75,352,500

INSERTING: Beer and Wine Tax 75,652,500

Amend further, Part IA, Section 128, Estimate of General, School, Highway, and Education Improvement Act Revenues, page 518A, by:

Senate

Finance

Committee

FY1994-95

STRIKING: Departmental Revenue 46,091,801

INSERTING: Departmental Revenue 46,236,801

Amend further, Part IA, Section 128, Estimate of General, School, Highway, and Education Improvement Act Revenues, page 518A, by:

Senate

Finance

Committee

FY1994-95

STRIKING: Motor Vehicle Licenses 96,010,100

INSERTING: Motor Vehicle Licenses 96,185,100

Amend further, Part IA, Section 128, Estimate of General, School, Highway, and Education

Improvement Act Revenues, page 518B, by:

Senate

Finance

Committee

FY1994-95

STRIKING: Less:Act 162 of 1993-
Spending Limitation

INSERTING: Less:Act 162 of 1993-
Spending Limitation (54,591,247)

Amend title to conform.

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

I voted "no" on the budget due to the Clinton tax conformity increase, the delay in reduction of capital gains taxes, and the general growth of revenues and taxes. Senator DRUMMOND's and Senator J. VERNE SMITH's fiscal leadership is to be commended and they are making progress to promote limited government.

Section 8-13-700 requires a member to abstain from voting on a section of the General Appropriation Bill if a family member may have an economic interest in a particular section of that Bill but permits voting on the entire Bill. Consistent with the provision of Section 8-13-700, I wish the Journal reflect, I took no part in the consideration on Section 4, of H. 4820 relating to the Judicial Department.

TO: Amendment File - H. 4820
FROM: Frank Caggiano
RE: Correction of Adopted Amendment No. 010
DATE: May 10, 1994

In Amendment No. 010, Part 1A, Section 18, Department of Education, page 0261, line 25, that was adopted, there was a typographical error in the figures. The action was to transfer $500,000. The figure in the amendment is "$5,826,128" but should be "$5,856,158". I am making his technical correction in the Bill and the amendment text in the permanent Journal.

TO: Amendment File - H. 4820
FROM: Frank Caggiano
RE: Correction of Adopted Amendment Nos. 192, 193, 197
DATE: May 11, 1994

In Amendment Nos. 192, 193, and 197, Section 34, Department of Public Safety, page 329, line 3, a cumulative total should have been included in the last adopted amendment. The correct number, with the adoption of the three amendments, that should be inserted in Column 7 on line 3 of page 329 is "$12,900,812". I am making this technical correction in the Bill and the amendment text in the permanent Journal.

TO: Amendment File - H. 4820
FROM: Frank Caggiano
RE: Correction of Adopted Amendment No. 190
DATE: May 12, 1994

In Amendment No. 190, Section 34, Department of Public Safety, page 329, line 3, a cumulative total should have been included, based on amendments adopted May 11, to reflect the adopted amendment. The correct number, with the adoption of the amendment, that should be inserted in Column 7 on line 3 of page 329 is "$13,058,687" and the amount that should be inserted in Column 8 on line 3 of page 329 is "11,241,959".

In addition, Amendment No. 190 amended page 325, lines 6 and 7, that were amended May 11 in No. 193. The correct number, with the adoption of the amendment, that should be inserted on page 325, in Column 7, line 6 is "3,439,433" and line 7 (108.00) and Column 8, line 6 is "3,089,294" and line 7 is "(96.00)".

In addition, Amendment No. 190 amended page 325, line 12, that was amended May 11 in Amendment No. 193. The correct number, with the adoption of the amendment, that should be inserted on page 325, in Column 7 is "700,102" and the correct number that should be inserted in Column 8 is "700,102".
I am making this technical correction in the Bill and the amendment text in the permanent Journal.

TO: Amendment File - H. 4820
FROM: Frank Caggiano
RE: Correction of Adopted Amendment No. 138A
DATE: May 12, 1994

Item B as contained in the amendment is corrected by deleting the last sentence contained in the item to-wit: Permit applicants for construction of marina and commercial dock facilities pursuant to this section are not required to demonstrate a need for the facilities before consideration of the application.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

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

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

There was no objection.

Senator MOORE proposed the following amendment (N05\7912AC.94), which was adopted:

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

/SECTION __. A. There is established a task force under the Health Care Planning and Oversight Committee which shall conduct a study regarding open-heart surgery and therapeutic cardiac catheterization services for residents of South Carolina counties that are included in the Federal Bureau of Census' Metropolitan Statistical Areas (MSA) of another state. The study shall consider access to open-heart surgery to citizens of this State, the total cost of care to the patient and the patient's family, the impact on the economy of South Carolina, the impact on health care economics of South Carolina, quality of care available based upon physician volume, population trends, and projections of the South Carolina community.

The task force must be appointed by the Governor and must be composed of:

(1) one South Carolina citizen residing in an MSA to be studied;

(2) one member of the General Assembly representing an MSA to be studied;

(3) the Chairman of the State Health Planning Committee;

(4) a physician recommended by the South Carolina Medical Association;

(5) a representative of the hospital industry recommended by the South Carolina Hospital Association;

(6) the Commissioner of the South Carolina Department of Health and Environmental Control; and

(7) the Director of the Department of Insurance.

Members of the task force shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The findings and recommendations of the task force must be submitted to the Health Care Planning and Oversight Committee and the state health planning committee, established pursuant to Section 44-7-180, no later than January 1, 1995. In the manner provided for in Section 44-7-180 of the 1976 Code, the findings and recommendations submitted to the health planning committee become part of the State Health Plan in effect at the time the findings and recommendations are submitted to the committee.

B. Until the task force established under subsection A. issues its findings and recommendations, a facility may provide therapeutic cardiac catheterizations if that facility:

(1) has obtained a Certificate of Need for diagnostic cardiac catheterization before July 10, 1992; and

(2) initiated elective therapeutic cardiac catheterization before January 1, 1993; and

(3) has a written open-heart surgery back-up agreement with a facility that provides an open-heart surgery service located within a thirty-minute one-way drive.

If the findings and recommendations of the task force do not provide for continued performance of therapeutic cardiac catheterization at a facility performing these services under this provision, the facility shall cease performing therapeutic cardiac catheterizations services within thirty days of the issuance of the findings and recommendations. If the findings and recommendations of the task force provide for continued performance of cardiac catheterizations at a facility performing this service under this provision and the facility applies for a Certificate of Need within thirty days, the facility may continue to provide the services until a final agency decision on the application for a Certificate of Need is issued, unless continued service is otherwise prohibited by Section 44-7-180 of the 1976 Code.

C. A committee appointed by the South Carolina Board of Medical Examiners shall conduct an annual review of the provision of therapeutic cardiac catheterization services and related physician practice at any hospital providing these services as authorized under subsection B. The committee must be composed of one physician specializing in cardiology from each congressional district and one cardiologist selected by the Board of Medical Examiners from the Medical University of South Carolina Cardiology Department who shall serve as chairman of the committee. None of the members of the committee may practice or reside in the Metropolitan Statistical Area (MSA) in which a facility to be reviewed is located. If the committee finds action by any physician at a facility where a review is being conducted creates an unreasonable risk to any patient, the State Board of Medical Examiners may take such action against the physician it considers necessary. In addition, the committee shall forward its findings to the Department of Health and Environmental Control and the department may take such action against the facility it considers necessary.

D. Upon this act's effective date, the Office of Research and Statistical Services of the State Budget and Control Board immediately shall initiate a study of facilities providing therapeutic cardiac catheterizations without on-site open-heart surgery services. The study shall compare patient outcomes between these facilities and facilities with on-site open-heart surgery and determine if there is a statistically significant difference in patient outcomes. If the study concludes that patients of a facility conducting therapeutic cardiac catheterization without on-site open-heart surgery services have a statistically significant unfavorable outcome compared to patients at facilities with open-heart surgery services, the facility without open-heart surgery services immediately shall discontinue performing therapeutic cardiac catheterizations. The Office of Research and Statistical Services shall issue its findings no later than twelve months from this act's effective date. Any facility which is the subject of this study shall provide the office with all data and information sufficient to complete its work.

E. If the department has reason to believe that patient care is being compromised, it may impose sanctions and take action authorized under Article 3, Chapter 7, Title 44 of the 1976 Code.

F. All proceedings of a person or entity conducting a review described in subsections C. or D. are not subject to discovery, subpoena or introduction into evidence in any civil action for damages for injury to the person arising out of any medical or surgical treatment, omission, or operation by a licensed health care provider as defined in Article 5, Chapter 79, Title 38. Further, there is no monetary liability on the part of and no cause of action for damages arising against a person or entity conducting or participating in a review described in subsection G. Nothing in Article 3, Chapter 7, Title 44 of the 1976 Code is intended to provide immunity to a person or entity in a civil action for damages.

G. Nothing in this section negates or may be construed to prohibit any enforcement action taken by the department against a facility for initiating a therapeutic cardiac service without a Certificate of Need.

H. Except as otherwise provided for in this section, the provisions of this section apply prospectively only./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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

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

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

Senator DRUMMOND asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Senator DRUMMOND asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Point of Order raised by Senator PASSAILAIGUE on Thursday, May 5, 1994, that Section I, Item 2 of H. 4822, the Supplemental Appropriation Bill, was violative of Article X, Section V of the S.C. Constitution was withdrawn.

The Point of Order raised by Senator PASSAILAIGUE on Thursday, May 5, 1994, that Section I, Item 2 of H. 4822, the Supplemental Appropriation Bill, was violative of Section 11-1-40(b) of the S.C. Code of Laws, 1976, as amended, was withdrawn.

The Point of Order raised by Senator PASSAILAIGUE on Thursday, May 5, 1994, that Section I, Item 2 of H. 4822, the Supplemental Appropriation Bill, was violative of Section 11-1-80 of the S.C. Code of Laws, 1976, as amended, was withdrawn.

The Point of Order raised by Senator PASSAILAIGUE on Thursday, May 5, 1994, that Section I, Item 2 of H. 4822, the Supplemental Appropriation Bill, was violative of Section 11-1-130 of the S.C. Code of Laws, 1976, as amended, was withdrawn.

The Point of Order raised by Senator PASSAILAIGUE on Thursday, May 5, 1994, that Section I, Item 2 of H. 4822, the Supplemental Appropriation Bill, was violative of Sections 44-2-20(3) and 44-2-40(c) of the S.C. Code of Laws, 1976, as amended, was withdrawn.

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Senator SETZLER asked unanimous consent to make a motion that H. 4821 (Capital Reserve Fund) and H. 4822 (Supplemental Appropriation Bill) be treated in the same manner as the annual General Appropriation Bill by placing the Bills on the Calendar located in the masthead position, superior to all other matters on the Senate Calendar.

Senator DRUMMOND moved that when the Senate adjourns on Friday, May 13, 1994, it stand adjourned to meet next Tuesday, May 17, 1994, at 12:00 Noon, which motion was adopted.

At 8:47 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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