Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear an uplifting word from Psalm 34 (v.8):
"O taste and see that the Lord is good!
Happy is the man who takes refuge in Him!"
Let us pray.

Our Eternal Father, when the immediacy of our problems press heavily upon us, help us to see our days in the larger frame of the Providence of God.

We thank You that for us, too, as with the Psalmist of old, YOU ARE NOT A QUESTION MARK. You are a stark and wondrous reality.

Be with us now as we face today's tasks, preparing to close out the business of this session.

Help us to identify our most pressing issues.

Help us to marshall the data, draw our conclusions, and make our decisions and commitments, remembering all the while the words of the Psalmist,
"Happy is the man or woman
that takes refuge in his God."

Amen.

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

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 31, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
asks for a Committee of Conference, and has appointed Reps. Kirsh, Hodges and Corning of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators BRYAN, PASSAILAIGUE and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Columbia, S.C., May 31, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 31, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3435 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "BURGLAR ALARM SYSTEM BUSINESS" AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO REVISE THIS DEFINITION AND CERTAIN EXCEPTIONS TO IT; TO AMEND SECTION 40-79-50, AS AMENDED, RELATING TO LICENSING OF PERSONS TO ENGAGE IN AN ALARM SYSTEM BUSINESS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE LICENSING BOARD FOR CONTRACTORS MAY DENY A LICENSE APPLICATION; AND TO AMEND SECTION 40-79-140, AS AMENDED, RELATING TO STANDARDS AN APPLICANT MUST MEET TO QUALIFY FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO REVISE CERTAIN OF THESE STANDARDS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Barber, Cromer and Wilkes of the Committee of Free Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4330 -- Reps. Fair, Corning, Snow and Harvin: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION FOR POSTAL SERVICE CARRIERS OR BUSINESSES PROVIDING MAIL, PARCEL, OR PACKAGE DELIVERY THAT MAKE FREQUENT STOPS FOR SHORT PERIODS OF TIME.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 31, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4733 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-280 SO AS TO PROVIDE FOR THE DEPOSIT OF MONIES RECEIVED BY A PROPERTY MANAGER, OR BY A BROKER, AS AGENT FOR HIS PRINCIPAL IN A REAL ESTATE TRANSACTION, AND PROVIDE THAT THE MONIES DEPOSITED IN ACCORDANCE WITH THIS SECTION MUST REMAIN WHERE DEPOSITED UNTIL CONSUMMATION OR TERMINATION OF THE TRANSACTION, WHEN THE BROKER SHALL MAKE A FULL ACCOUNTING TO HIS PRINCIPAL.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 31, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5094 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Senator RANKIN introduced Dr. Richard A. Schmitt of Myrtle Beach, S.C., Doctor of the Day.

H. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.

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

There was no objection.

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

Senators DRUMMOND and BRYAN proposed the following amendment (JUD4954.001), which was adopted:

Amend the bill, as and if amended, page 1, line 30, in Section 16-13-437, as contained in SECTION 1, by inserting after the word /agency./ the following:

/For purposes of this section, public housing agency means an agency of state, regional, county, or municipal government, including housing authorities, which administer state or federal housing programs./.

Amend title to conform.

Senator WILLIAMS explained the amendment.

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

On motion of Senator WILLIAMS, H. 4954 was ordered to receive a third reading on Thursday, June 2, 1994.

H. 5084 -- Reps. Wilkins and McTeer: A BILL TO AMEND SECTION 3-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, JURISDICTION OVER LANDS ACQUIRED BY THE UNITED STATES, AND SERVICE OF PROCESS, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION IN AND OVER LAND ACQUIRED BY THE UNITED STATES, AS AN ALTERNATIVE TO THE ALREADY-EXISTING EXCLUSIVE JURISDICTION.

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

There was no objection.

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

Senator WILLIAMS proposed the following amendment (JUD5084.002), which was adopted:

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

/SECTION 1. Section 3-1-120 of the 1976 Code is amended to read:

"Section 3-1-120. (A) Exclusive jurisdiction in and over any land so acquired by the United States pursuant to the consent given by Section 3-1-110 shall be, and the same is hereby, ceded to the United States for all purposes except the service upon such sites of all civil and criminal process of the courts of this State. The jurisdiction so ceded shall continue no longer than the United States shall own such lands.

(B) The United States may accept exclusive jurisdiction or concurrent jurisdiction in and over any federal correction facility so acquired by the United States pursuant to the consent given by Section 3-1-110 which shall be, and the same is hereby, ceded to the United States for all purposes except the service upon such sites of all civil and criminal process of the courts of this State. The jurisdiction so ceded shall continue no longer than the United States shall own such federal correction facilities."

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

Amend title to conform.

Senator WILLIAMS explained the amendment.

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

On motion of Senator WILLIAMS, H. 5084 was ordered to receive a third reading on Thursday, June 2, 1994.

The following were introduced:

S. 1443 -- Senator Rose: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIDEO GAME MACHINES, BY ADDING SECTION 12-21-2795 SO AS TO PROHIBIT THE USE OF DEBIT CARDS IN ESTABLISHMENTS WHERE COIN OPERATED MACHINES ARE LOCATED AND TO PROVIDE A PENALTY FOR SUCH VIOLATIONS.

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

S. 1444 -- Senator Rose: A BILL TO AMEND SECTION 4-29-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REDUCE THE MINIMUM INVESTMENT REQUIRED FROM EIGHTY-FIVE MILLION DOLLARS TO TEN MILLION DOLLARS.

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

S. 1445 -- Senator Rose: A BILL TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY GOVERNMENT, SO AS TO ADD ARTICLE 15 WHICH ESTABLISHES A PROCEDURE WHEREBY UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED, INFERIOR ONLY TO AD VALOREM PROPERTY TAX LIENS.

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

S. 1446 -- Senator Rose: A BILL TO AMEND ACT 1093 OF 1966, RELATING TO THE CREATION OF THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION LOCATED IN BERKELEY COUNTY, SO AS TO PROVIDE THAT THE ANNUAL BUDGET OF THE COMMISSION MUST BE APPROVED BY A MAJORITY OF THE GOVERNING BODY OF BERKELEY COUNTY INSTEAD OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

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

S. 1447 -- Senators Greg Smith and McGill: A SENATE RESOLUTION TO DECLARE THAT THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY AND THE SOUTH CAROLINA DEPARTMENT OF ARCHEOLOGY AND ANTHROPOLOGY MAKE AVAILABLE TO STATE ENVIRONMENTAL REGULATORY AGENCIES INFORMATION CONCERNING HISTORICAL AND ARCHEOLOGICAL SITES FOR USE IN THE PERMITTING PROCESS.

The Senate Resolution was adopted.

S. 1448 -- Senators Wilson and O'Dell: A SENATE RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO REFRAIN FROM INCLUDING EMPLOYER MANDATES AS PART OF ANY HEALTH CARE REFORM LEGISLATION.

Whereas, under President Clinton's health care reform proposal, all employers would be required to provide health care coverage to their employees; and

Whereas, Title I of the Health Security Act would require employers to pay for eighty percent of a comprehensive set of health care benefits for all employees, including Medicare recipients, and prorated payments for part-time and seasonal workers; and

Whereas, such employer mandates would result in job loss, a reduction in profits and productivity for American business in general, and small business in particular, and result in higher prices for consumers and lower wages for workers; and

Whereas, small business owners justifiably fear these employer mandates will be utilized to fund an entitlement created, managed, and regulated by the federal government, no different from Social Security, Medicare, Medicaid, or Unemployment Insurance; and

Whereas, such employer mandates have every characteristic of the kind of mandatory payment that is most damaging to small business and the jobs it creates - it is, in fact, a payroll tax; and

Whereas, almost all employers would be required to fulfill this obligation by paying a specific percentage of payroll to a regional health alliance; these mandatory payroll-based premiums constitute a huge, new payroll tax to pay for sixty percent of the proposed new health care system; and

Whereas, a national health board would have the unchecked power to increase at any time the percentage of payroll required to be paid by employers to the regional health alliance; and

Whereas, this payroll tax would be particularly injurious to new businesses, which create one in three new jobs in the United States because the tax mandates an additional fixed cost on those businesses every time they want to grow and hire new employees; and

Whereas, payroll taxes assessed to pay for mandatory benefits also impose upon small business owners a new cost over which they have no control, thus limiting their ability to provide the best possible compensation package for each individual business's survival and its employees; and

Whereas, employer mandates would also impose upon employers a wave of paperwork to be submitted to regional alliances to prove compliance with the law and to calculate payments; such massive amounts of paperwork and the cost associated with it would, in essence, be a hidden tax on employers; and

Whereas, because most small businesses are labor intensive, particularly in the retail and service sector, small firms are disproportionately damaged by a payroll-based tax; a payroll tax also acts as a disincentive for maintaining existing employees; and

Whereas, while small business in general would be adversely affected by employer mandates, small businesses owned by minorities and women would be affected to an even greater extent because these firms tend to be the smallest of our businesses; and

Whereas, based on data from the Census Bureau, the Congressional Budget Office, and other reliable sources, sixty percent of employers in the United States have fewer than five employees, accounting for three million of our employers; of this group, seventy-four percent do not provide health care insurance for their employees; and

Whereas, employer mandates preclude a health care reform approach that makes it possible for these small businesses to respond to a reformed health care insurance market; instead, it immediately and disproportionately raises the payroll costs of these businesses by 3.5 percent to 7.9 percent of payroll, and ultimately makes them responsible for eighty percent of a very rich standard health care standard benefits package; and

Whereas, there exists near unanimity of opinion among the American people, congressional leaders, economists, and even proponents in the White House that employer mandates would result in job loss and prove damaging to small business; and

Whereas, sixty-four percent of Americans are concerned that the Health Security Act will cause employers to eliminate jobs, and seventy-three percent of Americans believe the plan would be injurious to small business; and

Whereas, the Council of Economic Advisors has acknowledged that six hundred thousand jobs could be lost under the President's plan; the small business subsidy plan is in and of itself an acknowledgement of the burden that would be placed on small firms by employer mandates; and

Whereas, a one thousand member survey of the American Economics Association in June, 1993, indicated that eighty percent of the economists interviewed projected a decrease in employment among all employees as the result of requiring employers to provide health care benefits to low-wage employees; and

Whereas, another study conducted by the Employment Policies Institute in March, 1994, concluded that requiring employers to pay for workers' health care insurance expenses would increase labor costs, leading to the loss of 2.1 million jobs; and

Whereas, a Consad Research Corporation study found that three leading health care reform plans requiring employer mandates would affect 7.5 million to 18 million jobs in terms of reduced wages, reduction of other benefits, and potential cuts in hours worked; job loss estimates ranged from four hundred thousand to over one million. Now, therefore,

Be it resolved by the Senate:

That this body memorializes the President of the United States and the Congress of the United States to refrain from including employer mandates as part of any health care reform legislation.

Be it further resolved, that it is the sense of the Senate that any federal health care reform enacted into law shall:

(1) preserve the right of all Americans to choose to maintain their existing health insurance policy;

(2) preserve the right of all Americans to choose their own doctors and medical service providers;

(3) preserve the right of all Americans to finance their choice of doctors and medical service providers through private health insurance by making participation in an alliance, cooperative, collective, or any other purchasing entity strictly voluntary; and

(4) guarantee nondiscriminatory tax treatment for the purchase of private health insurance no different than the tax treatment which might be provided to those who purchase health insurance through a government-controlled alliance, cooperative, collective, or any other arrangement.

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

Referred to the Committee on Finance.

S. 1449 -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE MISS CRYSTAL CUYLER OF ESTILL, SOUTH CAROLINA ON HER GRADUATION FROM ESTILL HIGH SCHOOL, TO COMMEND HER AS ONE OF THE BEST 1600 METER RUNNERS IN THE SOUTH CAROLINA HIGH SCHOOL RANKS, AND WISH HER LUCK IN HER FUTURE ENDEAVORS.

The Senate Resolution was adopted.

H. 5255 -- Reps. Holt, J. Bailey, Barber, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett and Whipper: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROGER M. YOUNG OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

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

H. 5256 -- Reps. Holt, Barber, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JAMES J. "JIMMY" BAILEY OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

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

H. 5257 -- Reps. Holt, J. Bailey, Breeland, Fulmer, Gonzales, Hallman, Harrell, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT A. BARBER, JR. OF CHARLESTON FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

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

H. 5259 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE HAROLD D. MCLAMB, COUNTY EXTENSION AGENT WITH THE CLEMSON UNIVERSITY EXTENSION SERVICE IN LEE COUNTY, UPON HIS RETIREMENT AFTER TWENTY-FOUR YEARS OF STATE SERVICE, FOURTEEN OF WHICH HAVE BEEN AS COUNTY EXTENSION DIRECTOR IN LEE COUNTY.

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

H. 5261 -- Rep. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MAJOR FRANKLIN E. WARD OF CHARLESTON COUNTY ON THE OCCASION OF HIS RETIREMENT FROM THE UNITED STATES AIR FORCE.

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

H. 5262 -- Reps. Carnell, Stoddard and D. Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. CHARLES H. CHADWELL, PIEDMONT REGIONAL DIRECTOR FOR THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, FOR HIS UNSELFISH DEDICATION TO ENRICHING THE LIVES OF SOUTH CAROLINIANS WITH DISABILITIES UPON HIS RETIREMENT.

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

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

Having voted on the prevailing side, Senator ROSE asked unanimous consent to make a motion to reconsider the vote whereby the Senate nonconcurred in the House amendments.

The motion to reconsider was adopted.

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

The House returned the Bill with amendments.

On motion of Senator MOORE, 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. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.

The House returned the Bill with amendments.

Senator SALEEBY proposed the following Amendment No. 1 (BBM\9317JM.94), which was adopted:

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

/SECTION . Section 38-77-30(7) of the 1976 Code is amended to read:

"(7) `Motor vehicle' means every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with these vehicles, and also including farm tractors or other self-propelled farm implements used upon a highway, but excepting traction engines, road rollers, farm trailers, tractor cranes, power shovels, and well-drillers, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails. For purposes of this chapter, the term automobile has the same meaning as motor vehicle. Nothing in this item may be construed to require the purchase of liability insurance or registration of farm vehicles."/

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

Senator ROSE proposed the following Amendment No. 2 (927R001.MTR), which was tabled:

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

/SECTION . The 1976 Code is amended by adding:

"Section 38-77-370. No automobile insurer doing business in this State may use the fact that its insured, who was a South Carolina resident at the time the ticket was issued, paid an out-of-state motor vehicle traffic ticket, wherein no trial or other adjudicatory proceeding attended by the insured was held, as evidence of the fault of its insured, as a basis for imposing a surcharge on the insured's policy premium."/

Amend title to conform.

Senator ROSE explained the amendment.

Senator WILLIAMS moved to lay the amendment on the table.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

Senator COURSON was recognized to address remarks to the members.

Senator PATTERSON was recognized to address remarks to the members.

Senator WASHINGTON was recognized to address remarks to the members.

I'll take only a couple of minutes. I really feel awfully bad, this morning to hear my friend, John Courson, the Senator from Richland, make the statement he made. First of all, I want to commend Sen. Patterson, Sen. Smith and others who attempted to put together this compromise which I thought was a very reasonable compromise in moving this thing in the direction that it ought to go and to bring about some unity and healing for the people of South Carolina and those individuals who have labored so hard to put this issue behind us. It is regretful, it is regretful, Sen Courson, that this came so close and that we were not able at this point to get some one to take the leadership.

I certainly would hope that the Governor of this State, who I feel has the clout, and could have the leadership, with the members of the House -- Republicans who are in great number over there -- to say to them that this is an opportune time, the fullness of time, Sen. Smith, to move forward on this issue. I think that it would have been one of the most courageous acts, Sen. from Florence, that the leadership of this State could have taken. It would have been and could have been a historical moment for anybody in this State in a leadership position to stand up and say this is the moment to decide. This IS the opportune time to bring about the kind of healing that this whole compromise would have brought into being. So it is very regretful that, at this time, the leadership responsibility has not materialized.

I would hope that somehow, some way, some bold, courageous leadership would advance and take up the command in this whole fight for unity, healing and brotherhood in this state. We've come a long way in South Carolina, Sen. Williams, to listen to the choir, or the ensemble, single the beautiful music on the program in honor of our president pro tempore in this chamber. It does give a message to South Carolinians. But we must go just a little bit further, because perception and symbolism mean quite a bit. So it's so sad to see that we don't have that leadership in the House of Representatives and our State leader has not seen fit to take up that mantle and run with it.

One day, I hope, somebody will be courageous enough to make the sacrifice.

Thank you, Mr. President.

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

At 12:10 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed ten minutes.

At 12:42 P.M., the Senate resumed.

Senator McCONNELL was recognized to address remarks to the members.

Thank you, Mr. President, Ladies and Gentlemen of the Senate:

I know the Senator from Richland is somewhere around, but I want to address you briefly on the subject that we talked about this morning. Two Senators from Richland had an opportunity to address each one of you, because there is going to be a lot of political posturing in the days ahead over this particular subject. I want to give you a backdrop. The Senator from Greenville, Senator Verne Smith, unfortunately had to go back to the Conference Committee. I am not stepping on anybody's toes nor do I mean to, if I hurt your feelings. If you feel the shoe fits you, I don't mean it to fit you. I am going to try to give you, as best I can, a statement of where we are on this subject.

The Senator from Richland, the Senator from Greenville and I have followed the question of the Confederate Battle Flag almost religiously; watching everything every step of the way. We did not fire off into this subject until we felt the Flag had been attacked. There is no license on who could have been involved in it; it was simply a matter of interest--simply who wanted to be involved in that. I did not see a flock of House Members coming up to defend the Flag. I did not see a flock of the House Members at the Confederate Memorial Day Services, Senator from Richland, neither in Charleston nor in Columbia or anywhere else. When it comes down to the question of the heritage and the celebration of the Flag and of the people who fought under that Flag, some of those speaking now, I never saw or heard from about this issue. We were concerned from a heritage standpoint, and I challenge anybody to tell me about somebody who loves having the Confederate Flag flying atop that dome more than the Senator from Richland, the Senator from Greenville, or myself. It's no easy task for us to sit down and look at a proposition which transfers its location from the dome to some other location. That is not an easy job to do. But some of us who have tried to defend that Flag, Senator from Richland, have been too bashful about it. We have not told you about the fact that our ethics records have been checked; we have not told you about some of the attacks that we have been the recipients of. The same goes for the other side that have had to come out, step out and stand up for what they believe in. They had to take the backlash that came with it. Senator from Richland, I know you have had to undergo the same thing--the extremes on this issue. Here we are in the final days of this debate and it's decision time. Yes, I would like it to stay on the dome. Yes, I wish the Flag would continue to fly on the dome, and I am prepared to fight for that position. But how many other people, when we really get down to putting the rubber on the road on this issue, are going to fight? People are bashful about even talking about it; about even voting on it, because it is a highly politically and emotionally charged subject. It burns and cuts in more than one direction. It's an issue that we have struggled with. The Flag is the tip of the iceberg of this issue though; the issue is bigger than the Flag. The issue to us is the monuments, the graves, the emblems, the heritage, the history. How do we in South Carolina, having a large flock of citizens who love those emblems, and having another large group of citizens who don't care for those emblems because those emblems have been misused, (misused in their face to the point they distrust them and see in them something other than what we see in them) somehow bring all that together. So that as a people in the years to come, we can celebrate our heritage and do so through some duality in this State and through tolerance so that we are not at one another's throat, so that we are not rehashing over old arguments and old fights. There is no easy answer to this. The quick way out would be to draw the line in the sand on it. But let me tell you about the lines in the sand. The members of the House have been unable or unwilling to address it. There is the fact that we have known for over six months that law suits were coming to bear on the State of South Carolina on the question of the Flag. A Federal law suit, a State law suit now, and there will be, I hear, other law suits brought on the Flag. Suppose, one of these law suits is successful. Where are we? The Flag is gone from the dome. Who all is going to be in the brigade to charge back here to put the Flag back up? When the Chambers of Commerce, whoever is Governor, the leading newspapers and others say, enough is enough, it's gone, so put it behind you. How does the Senator from Richland and the Senator from Greenville and other associated groups react? What do we do? Do we let the Flag go to a quiet corner of a museum? Do we stand up and try to sell flying it? How many people are going to stand up in here under that climate to put the Flag back on the dome or to fight to put it on the lawn? What's going to happen if the law suit is successful? First of all, you are going to have a renewed effort to bring the Flag back, a renewed effort to keep it off the dome--division, division, division. Controversy, that's what we are heading toward. We are heading toward some rather rough rhetorical times. Tempers and division, if we are successful in defending the law suits and we continue to keep it up there. We will be back here next year fighting it again. But suppose that an overzealous Governor decides to challenge the Concurrent Resolution and orders General Services not to fly it, how many are going to vote then, how many are going to stand up and say it is time for us to go to Court and challenge the Governor? The division again in the public, the continuation of the debate here.

You see, people are not telling the public about the perils of the law suits, the challenges, the fact that it is up there by Concurrent Resolution. They are not talking about that back home. They say, oh I just want to keep it flying on the dome. Well, I got an Amendment through the Senate. It went over to the House. What happened to the Amendment in the House? You have not seen the Amendment back over here. In fact, Senator from Richland, the Amendment was offered one time in the House and pulled back down--nothing was done over there to enhance the legal protection of the Confederate Battle Flag on the dome. Where is this commitment to protect it? I stood in here, I took some heat from some of my friends on that. I was willing to stand up for what I believed in on that, but the point I am making to you here is that the fervor over there in the House, where is the fervor, where is the dedication? Everybody has known that the law suits were coming, and I have not seen legislation come out of the House to enhance the protection of the Flag. I think it is time to talk plain about this matter. We are involved in the law suit, I think our side will be successful. But if it is, we are going to continue to have this debate and we will be back next year. If we are not, we are going to have this debate also.

So, what did the Senator from Richland, Senator Courson, try to do? I am going to give you the backdrop to that answer first. We tried the Stars and Bars to go up the dome but that didn't fly. We looked at two flags; we looked at a whole host of flags. At some point, there has to be a realization by those of us who are very loyal to this Confederate Battle Flag and to the Confederate emblems that we have got to give what we are asking for and that is toleration and incorporation, a duality in South Carolina. Thus, what the Senator from Richland talked about was one of the most important ingredients about it--settlement, permanence. It was not just an attempt to do something about the question of the Flag, but it was to settle it once and for all across this State, for generations to come, that these emblems were not racist emblems per se. It's how they are used. There would be no attacks on the monuments. There would be no attacks on street names. The confrontation over Confederate items would cease. We would together have created, what I call a partnership in progress for the people of this State. We don't like looking at a proposition to move it down off the dome. But neither do I suspect politically some of the opponents like having to recognize this heritage, especially in light of some of the statements by the NAACP.

I want to say this firmly, and I don't mean to charge us up. I had some people call in and say, Senator, why are you caving in? Why are you giving up? Are you scared of the boycott? I am not scared of that boycott. That's like water on a duck's back to me. I think the thing will fizzle out. It will get about as high as the Vanguard rocket got off its launching pad. The problem is that it doesn't solve things. I want to be able to celebrate my ancestry, my heritage and not feel like I trample on the feelings of others.

Take the Senator from Florence, Senator Glover. I wish a lot of you had had the opportunity to hear some of her presentations and to hear what to me was a learning experience which came from her heart about trying to understand what it was that we saw in those flags and in that history. The Senator from Charleston, Senator Ford, who took the time to go to a Confederate Ghost Walk to see and learn something about it, to find out what it was that made some of us tick. The Senator from Richland, Senator Jackson, who made a bold public statement that took courage and conviction, to step forward and say, "I don't view it as a racist emblem, I just don't think it belongs where it is." In each instance, initiatives to try to understand. The Senator from Richland, Senator Patterson, I have never heard you say anything disrespectful or ugly about the Confederate emblems. Never have I heard you get up here and blast them. And my old friend, the Senator from many counties. He and I are from the same county. We march to a different drummer on occasions, but inside his message he seeks to understand what it is that you love about your idols and to find some mutual way that we together can share South Carolina's past.

Some ask, why are you putting a monument up there on the State House grounds? Those people who carried the struggle for civil rights to give South Carolinians the basic right to sit at a lunch counter, or to go in a bathroom, these people were the warriors for civil rights. They had the courage of their convictions, they were willing to lay it on the line. It is part of South Carolina's story, of its evolution and its Constitution. The same way they view those people in their civil rights is the way many of us view the folks who answered the call of this State who went off to serve in gray for states rights. They fought for the State's rights and their own view of the Constitution. There is a commonality in our past, both in tragedy, and in victory, and in a lesson. But we, at some point, have to get together and share it, or at least respect it. You don't have to like it. You don't have to believe it, but respect it, because other persons' motives and their love for it is pure.

Their reasons are why that respect should be there. So Senator from Richland, and Senator from Greenville, Senator I don' know what is being pictured of you. I know what the far right will say about the compromise as capitulation. Why have you given in? Why are you succumbing to the threats and stuff? That is not the motivating reason for this. The motivation for trying to work it out comes from days, weeks and months of talking, learning, understanding, and sharing one another's differing views. Certainly the Senator from Richland or the Senator from Orangeburg knows why it is we want it up there, not to celebrate the Klan or something like that. On another hand why the Senator from Richland or many of the other black politicians want a monument, is not just because you got a monument, so I want a monument. But it's because they are part of this State and they are part of this history. I submit to you it is easy for any of us to just posture on this issue and say, I absolutely am not going to do anything other than keep the Flag on the dome. I wish it were as simple as that. But the issue is not that simple--the road ahead is pretty rough. None of us knows what the final outcome is going to be. But what are we going to do? We will come back next year in the midst of conflict to square off and again try to work something out or do we try to work something out now from the standpoint of each understanding where the other is coming from. It's a hard issue. The Senator from Richland is right. The Senator from Richland has walked battlefields. I have walked battlefields. I go out on the weekends, put on a uniform and fight. I have fought in both blue and gray. You start to get a taste of what 102 degrees is with heavy wool on, crawling through woods with ticks and poison ivy. You start to begin to understand what they went through when they answered the call and left their homes.

I tried to understand the apprehension to the Flag when I talked to Senator Ford and he told me about people outside of the building waving Confederate Flags, Klansmen, reaching for him, wanting to get their hands on him. Then you begin to understand something about where his animosity of that emblem comes from. To those of us who are pro-flag, where we made our mistakes, Senator, you and I were too young years ago, was not a larger standing-up to those who misused these emblems. Yes, I think, the dome is a fitting place for the Flag, but I understand those who don't, and I wish I didn't have to consider having to move it. But what needs to be talked about is trying to come together, Senator from Clarendon. So that you respect what I like, and I respect what you like. I am not going to tell you what you are about and you are not going to tell me what I am about. I am about what I am, a person. That's the sort of dialogue we must engage in. I go back to the Senator from Florence, Senator Glover, who really touched the hearts of some and the Daughters of the Confederacy at the Hearing. You would have never heard of this years ago, the Daughters wanting her to come and speak to their group. That is the sort of communication, sort of give and take we've got to get, Senator Glover. You touched the hearts of some and opened up some communication. All I can tell you is that when we celebrate the ancestors, Senator, and the gentlemen come out here and put on the uniforms in gray to put the honor guard at the State House monument, it is out of respect for our ancestors who made the ultimate sacrifice.

The Flag is politicized now by some right-wing groups that have political agendas. The question of the Flag has nothing to do with whether or not you are pro-NAACP, anti-NAACP, or anything else. We in this State need to act on the Flag for the proper reasons and out of mutual respect. If it were a question of putting it in a quiet corner of a museum, because it is a racist emblem, there would be nothing to talk about. These ladies and gentlemen have talked about a final settlement, a permanent settlement. Not just of the Flag, but of the emblems, of the celebrations, of everything, so that a year from now we are not involved in this sort of debate. This represents a movement for them, because the NAACP in a 1986 or 1987 Resolution called for the removal of the monuments and the Flag, Senator from Clarendon, and that is not a tolerable situation. These legislators have not asked for that. They have not demanded that. They have not badmouthed it or anything else. They simply talked about a sharing arrangement and mutual respect. And I ask each of them to seriously give that some thought.

I close by telling you, and I think I speak for Senator Courson and Senator Smith, we live and breathe everything there is about the Confederate soldiers. We read, we talk, we collect different things. You and I like to visit battlefields. It is no easy task for us to stand up and say, if this will settle it, we will vote and take it off the dome. I don't consider this surrender; I don't consider it to be a sellout; I consider it to be a mutual arrangement so that we mutually can respect one another and be together part of this State, and be a State that not only does that but has found the common ground so that we can celebrate Confederate ancestors, civil rights ancestry and heritage side by side. That is the enrichment of a society. That is a unified society and a free society. At some point, I think it was Dr. King who said, and I can only paraphrase, you can live together as friends or will end up dying as enemies. I have seen African-Americans put on the blue uniforms, Senator. They are in reenactment now. It is a wonderful sharing experience. It is a just common ancestry, a common suffering. I can never convince some of you of why all the War was fought. You can never convince me of the other. But we can mutually respect where one another is coming from. I simply tell each of you it is an issue which can be settled and made permanent in the laws of the State of South Carolina. That is progress. That is partnership. That is mutual respect. I felt like I just needed to get up here, Senators, because there are those who are saying, why are you caving in? I have gotten some calls like that. It is not caving in. We fought. You and I fought for a referendum, for amendments. We have done everything that we can do. We have helped raise the money and do everything to make sure that the memory of those Confederate Soldiers is preserved so that they did not die in vain. And that it is preserved not for me but for the next generation. So it will not be something they must hunt up in a dusty book over in a museum. It is something we believe is a story to tell. In a previous speech I talked about all these people had left when the War was over. Remember Sherman burned almost a 40-mile wide path of destruction through this State. All these people had when they returned, was the legacy of their valor and that is what they cherished. That is where, if you want to call it the romanticism or whatever, became surrounded around those emblems and the men in gray, and their supreme sacrifice. This is why Pickett's charge still conjures up the feelings not of hopelessness and despair but rather of pride. Because on that day they marched and put the question of valor above life itself. Senators, I salute each one of you who have sat down and worked with us. It has not been easy for any of you politically. It is not easy for us. I can only hope like the Senator from Richland that regardless of where we go during the Summer, whoever is victorious temporarily, when we return in January that we will try to work something out which permanently puts this behind us. That when Confederate Memorial Day comes around or you come in my office and see a flag, you and I can look at one another and understand where we are coming from. In the same way whether it comes to the 54th Flag, the First South Carolina Flag or the Black Liberation Flag or whatever, each of us can understand and respect where each is coming from. I hear some say, the Black Liberation Flag is not an American Flag. They have not done their research, they don't even know the story of the Marcus Garvey movement and the story of those colors, and the civil rights struggle it was carried in. But see, I have learned something out of this debate and this process, and I guess I say with a great deal of respect to each one of you that you all have each one tried to sit down and work out something that we all can live with what we think. We may not all be 100 percent for it. It is hard for me, as it is hard for you, but it is the example that becomes the rule and the rule, hopefully, will bring the sort of tranquility and hope to the people of this State.

So, Mr. President, I want to thank the Senate for the attention. Senator from Richland, the Senator from Greenville, who I hope can hear me, it's been a pleasure standing with you all. I don't think we are any less loyal to what we believe in. If I go to my grave now, I want to know that one of the things I have done is preserve the memory of those people who wore the gray.

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

Senator MITCHELL was recognized to address remarks to the members.

Members of the Senate, some of you will recall that I moved to have remarks made by Senator Courson, Senator Patterson and any others be placed in the journal. I did that because I have certainly been moved today and I have not been a part of the negotiations relative to the issue of the symbol of our state. Very able and capable people are taking this on and I feel they have done a yeoman job.

Twenty years ago, I was elected to the House of Representatives and there were only thirteen blacks and now there are four of us left, Senators Washington, Matthews, Patterson and myself. This was an issue that was taken up early by Senator Patterson. He has indicated that it is not he who is getting credit for anything, because I have sat here and I have listened to giants. I have seen three hundred-eighty degree changes of people and their attitudes as it relates to this issue. I have heard the story and I have read the story about the Senator from Greenville whose father was released as a confederate veteran. He had to walk home to South Carolina.

In other stories that show that there was a great intolerance during a time of misunderstanding. I have not joined in this, nor have I sort to make it part of my life, except to say that I have always voted to have the flag removed. I have never heard anyone who has applicated such in any way denigrated. It is just that there is an inconsistency in regards to what we talk about and what we do. Misconceptions just like the, "Charge of the Light Brigade", soldiers ought to ask why there is else but to do or die. I have seen giants rise in this body and maybe it is why I sought election to it, because it convey a different attitude and certainly one of great maturity. If ever there has been a time in which a State has shown that the senior body is one of wisdom, reconciliation, understanding, and compassion with a relative respect which is so essential for communication.

I heard the Senator from Charleston talk about what he learned about Marcus Garvey. He did suggest some things that are arbitrarily rolled together to represent nations or states or political subdivisions, but philosophical ideas that go beyond these things to be able to bring people together. We were brought together at one time when it was advantageous to the nation to whether or not those who fought and fell under philosophies of others truly understood is not a question, they did.

No one must ever forget history because it has a way of repeating itself. The one thing is we can learn from it. Heritage we can honor it and certainly as for the future we can improve it. We have improved it by virtue of coming together on one of the most controversial issues that have been in the State House for at least twenty years, when the first blacks were elected to the General Assembly and sat in the House of Representatives. I want to commend each and every one of you. Senators McConnell, Verne Smith, John Courson, Kay Patterson, McKinley Washington, Maggie Glover, John Matthews, Robert Ford, Darrell Jackson and others who have shown a sensitivity to an issue that our state needs to take on and move on.

It may be they would not go this time, but the bridges have been built. The barriers have been destroyed. There must be continuity in continuing the dialogue and communication, so that there will be no breakdown. This is an issue that if we can resolve, we can resolve any other problem that comes before us and affect us as a State and as a people. Thank you. God bless you, and keep up the good work.

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

S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.

On motion of Senator PASSAILAIGUE, with unanimous consent, Report of the Committee of Conference was taken up for immediate consideration.

Senator PASSAILAIGUE spoke on the report.

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

Debate was interrupted by recess.

At 1:37 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 3:00 P.M.

The Senate reassembled at 3:10 P.M. and was called to order by the ACTING PRESIDENT, Senator J. VERNE SMITH.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Hodges, Thomas and Harrell of the Committee of Free Conference on the part of the House on:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Very respectfully,
Speaker of the House

Received as information.

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HAYES spoke on the report.

On motion of Senator HAYES, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators HAYES, CORK and GREG SMITH to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator HAYES, the Report of the Committee of Free Conference to S. 195 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE to whom was referred:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Chapter 25, Title 16 of the 1976 Code is amended to read:

Section 16-25-10. As used in this article, `family or household member' means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and persons cohabitating a male and female who are cohabiting or formerly cohabitating have cohabited.

Section 16-25-20. It is unlawful to: (1) Cause cause physical harm or injury to his or her family or a person's own household member, (2) offer or attempt to cause physical harm or injury to his or her family or a person's own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

Section 16-25-30. Any person who violates Section 16-25-20 is guilty of the misdemeanor of criminal domestic violence and, upon conviction, must be punished by a fine of fined not more than two five hundred dollars or imprisonment of imprisoned not more than thirty days.

Section 16-25-40. Any person who violates Section 16-25-20 after having previously been twice convicted of a violation two violations of Section 16-25-20 or two violations of Section 16-25-65 or a violation of Section 16-25-20 and a violation of Section 16-25-65 is guilty of a misdemeanor and, upon conviction, must be punished upon conviction by a fine of fined not more than three thousand dollars or by imprisonment for imprisoned not more than three years, or both.

Section 16-25-50. Any A person violating the terms and conditions of an order of protection issued under the `Protection from Domestic Abuse Act' is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for must be imprisoned not more than thirty days or by a fine of fined not more than two five hundred dollars. No A person found guilty of a violation of Sections Section 16-25-20 and 16-25-50 this section may not be sentenced under both sections for the same offense.

Section 16-25-60. (A) Unless the complaint is voluntarily dismissed or the charge is dropped prior to the scheduled trial date, a person charged with a violation provided in this chapter shall appear before a judge for disposition of the case.

(B) When a person is convicted of a violation of Section 16-25-20 or 16-25-50, the court may suspend the imposition or execution of all or part of the sentence conditioned upon the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling.

(C) When any a person is convicted of a violation of Section 16-25-40 or 16-25-65, the court may suspend execution of all or part of the sentence and place the offender on probation, conditioned upon:

(1) the participation of the offender, to the satisfaction of the court, in a program designed to treat battering spouses where available or in other appropriate psychiatric or therapeutic treatment or counseling;

(2) fulfillment of all the obligations arising under court order pursuant to Section 20-4-60 and this section;

(3) other reasonable terms and conditions of probation as the court may determine necessary to ensure the protection of the victim.

(D) In determining whether or not to suspend the imposition or execution of all or part of a sentence as provided in this section, the court must consider the nature and severity of the offense, the number of times the offender has repeated the offense, and the best interests and safety of the victim. A court may require an offender to pay for participation in a program or treatment or counseling as an appropriate term or condition for suspending the imposition or execution of all or part of a sentence.

Section 16-25-65. (A) The elements of the common law crime of assault and battery of a high and aggravated nature are incorporated in and made a part of the offense of criminal domestic violence of a high and aggravated nature when a person violates the provisions of Section 16-25-20 and the elements of assault and battery of a high and aggravated nature are present.

(B) A person who commits the crime of criminal domestic violence of a high and aggravated nature is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than ten years, or both.

(C) The provisions of this section create a statutory offense of criminal domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.

Section 16-25-70. A law enforcement officer may arrest, with or without a warrant, a person at his place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any misdemeanor or felony under the provisions of Sections 16-25-20, or 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.

In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any family or household member.

No evidence other than evidence of violations of this article found as a result of a warrantless search shall be admissible in any court of law.

Section 16-25-80. Nothing in this article affects or limits the powers of any court to enforce its own orders by civil or criminal contempt or the powers of the police to make other lawful arrests.

Nothing in this article may be construed to repeal, replace, or preclude application of any other provisions of law pertaining to assault, assault and battery, assault and battery of a high and aggravated nature, or other criminal offenses."

SECTION 2. Section 20-4-20(b) of the 1976 Code is amended to read:

"(b) `Family or household Household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited."

SECTION 3. Section 20-4-20(f) of the 1976 Code is amended to read:

"(f) `Order of protection' means an order of protection issued to protect the petitioner or minor family or household members from the abuse of another family or household member where the respondent has received notice of the proceedings and has had an opportunity to be heard."

SECTION 4. Section 20-4-40 of the 1976 Code is amended to read:

"Section 20-4-40. There is created an action known as a `Petition for an Order of Protection' in cases of abuse to a family or household member.

(a) A petition for relief under this section may be made by any family or household members in need of protection or by any family or household members on behalf of minor family or household members.

(b) A petition for relief must allege the existence of abuse to a family or household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.

(c) The petition must inform the respondent of the right to retain counsel.

(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action.

(e) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis."

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

Amend title to conform.

/s/Robert W. Hayes, Jr. /s/James H. Hodges
/s/Holly A. Cork /s/Paula H. Thomas
/s/Greg Smith /s/Robert W. Harrell, Jr.

On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
Speaker of the House

Received as information.

S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.

On motion of Senator RICHTER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator RICHTER spoke on the report.

On motion of Senator RICHTER, the Report of the Committee of Conference to S. 1196 was adopted as follows:

The CONFERENCE COMMITTEE, to whom was referred:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Title 31 of the 1976 Code is amended by adding:

Section 31-12-10. Short title.

This chapter may be cited as the "Military Facilities Redevelopment Law".

Section 31-12-20. The General Assembly finds that:

(1) As a result of the closure and realignment of military installations in the United States, federal property located in the State has and will become available for the state's use. It is in the best interests of the citizens of this State for the State, municipalities, and counties to work in concert and oversee and dispose of federal military facilities and other excess federal property, in an orderly and cooperative manner. It is the intent of this chapter that redevelopment authorities may be appointed to deal with military facilities that have been scheduled for closure by the United States Congress and to consult with the federal government pursuant to federal law relating to defense base closure and realignment. If any other incidental excess federal property is included with a scheduled closing, that property may also be dealt with by the authorities.

(2) The redevelopment of these facilities may often require substantial periods of time and substantial investment in redevelopment of the properties, including public infrastructure on the properties themselves and in the communities immediately surrounding the properties in order to re-integrate the former military facilities into the surrounding communities, and all reasonable means should be provided to assist the redevelopment authorities created pursuant to this chapter to fund improvements for redevelopment, including, in the case of properties located within incorporated municipalities, tax increment financing as authorized by Section 14 of Article X of the Constitution of South Carolina.

Section 31-12-30. As used in this chapter, unless the context clearly indicates otherwise:

(1) `Area of Operation' means the area within the territorial boundaries of the counties entitled to representation on an authority which consist of both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment, together with such areas of the surrounding community as may need planning for infrastructure improvements to support the redevelopment project area.

(2) `Authority' means a redevelopment authority created pursuant to Section 31-12-40.

(3) `Municipality' means an incorporated municipality of this State.

(4) `Obligations' means bonds, notes, or other evidence of indebtedness issued by the municipality to carry out a redevelopment project or to refund outstanding obligations.

(5) `Redevelopment plan' means the comprehensive program of the authority for redevelopment intended by the payment of redevelopment costs to redevelop properties scheduled for disposal which may tend to return properties to the tax rolls, replace lost jobs, and integrate the properties back into the community, thereby enhancing the tax bases of the taxing districts which extend into the project redevelopment area and the economic health of the community in which it lies. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include, but not be limited to, estimated redevelopment project costs, possible sources of funds to pay costs, the most recent equalized assessed valuation of the project area as of the time of creation of a tax increment finance district pursuant to Section 31-12-200, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the redevelopment project area.

(6) `Redevelopment project' means any buildings, improvements, including street improvements, water, sewer and storm drainage facilities, parking facilities, and recreational facilities. Any project or undertaking authorized under Section 6-21-50 may also qualify as a redevelopment project under this chapter. All such projects may be owned by the authority, the municipality, the county, or any other appropriate public body. This term shall include portions of the redevelopment project located outside the redevelopment project area so long as they provide needed infrastructure support for the redevelopment project area.

(7) `Redevelopment project area' means an area within the incorporated area of a municipality and designated pursuant to Section 31-12-200, which is not less in the aggregate than one and one-half acres. It shall include both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment. Redevelopment project areas designated pursuant to Section 31-12-200 shall not be counted against the limits on acreage of redevelopment project areas within municipalities contained in Section 31-6-30(7).

(8) `Redevelopment project costs' means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred and any costs incidental to a redevelopment project. The costs include, without limitation:

(a) Costs of studies and surveys, plans, and specifications; professional service costs including, but not limited to, architectural, engineering, legal, marketing, financial, planning, or special services.

(b) Property assembly costs including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, and the clearing and grading of land.

(c) Costs of rehabilitation, reconstruction, repair, or remodeling of a redevelopment project.

(d) Costs of the construction of a redevelopment project.

(e) Financing costs including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under the provisions of this chapter accruing during the estimated period of construction of any redevelopment project for which the obligations are issued and including reasonable reserves related thereto.

(f) Relocation costs to the extent that a municipality determines that relocation costs must be paid or required by federal or state law.

(9) `Taxing districts' means counties, incorporated municipalities, schools, special purpose districts, and any other municipal corporations or districts with the power to levy taxes.

(10) `Real property' shall include all property assessed under authority of Section 12-4-540 when such term is used in this chapter with regard to tax increment financing.

Section 31-12-40. (A) The Governor may create separate and distinct bodies corporate and politic to be known as redevelopment authorities to oversee the disposition of real and personal federal property that has been or will be turned over to the State or to the redevelopment authority as referred to in the Defense Base Closure and Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time, by the federal government or real and personal federal property that has been designated as surplus property by the federal government and is to be disposed of by the State or the redevelopment authority as a result of the closure and realignment of military facilities in the State. No more than one authority may be created with jurisdiction over a single federal military installation. Only one authority may be designated within any county and the Governor shall exercise his authority under this chapter in such a manner as to ensure that the composition of any authority created under this section shall be structured or restructured in accordance with the requirements contained hereinbelow as additional properties may be added through other closures and realignments, as properties are disposed of and as federally defined Metropolitan Statistical Areas (MSA's) are redefined, from time to time. If an authority is designated, it shall be the sole representative of the State for negotiations with the appropriate federal authority for reuse and disposal of property.

(B) If the federal property subject to disposal is contained wholly within one county, which county does not lie in an MSA extending over more than one South Carolina county and is not included in a multicounty authority under subsections (C) or (D), the authority must include:

(1) two representatives of the State, nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;

(2) three representatives of the county appointed by the county governing body;

(3) three representatives of each municipality in which the municipality's boundaries contain all or a portion of the military properties scheduled for disposal, appointed by the municipal governing body; and

(4) one at-large appointment by the Governor, who shall be a resident of the county.

(C) If the federal property subject to disposal is contained within more than one county, with no portion of such counties lying within an MSA which extends over more than one South Carolina county, the authority must include:

(1) two representatives of the State nominated by a majority of the Senate and a majority of the House, who must be appointed by the Governor;

(2) two representatives of each county appointed by the respective county governing body;

(3) two representatives of each municipality in which the municipality's boundaries contain all or a portion of the military properties scheduled for disposal, appointed by the respective municipal governing body; and

(4) one at-large appointment by the Governor, who shall be a resident of one of the counties.

(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:

(1) one representative of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body;

(2) one representative of each South Carolina county in the MSA not entitled to a representative under subsection (D)(1), appointed by the respective county governing body;

(3) one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;

(4) such additional representatives as may be necessary to assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the municipal governing body;

(5) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to assure that county two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1) through (D)(8), appointed by the county governing body;

(6) one member elected by a majority of the Senate;

(7) one member elected by a majority of the House of Representatives; and

(8) one at-large appointment by the Governor, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment under subsections (D)(1) or (D)(2).

(E) No member of an authority may be an elected official or have held an elected office within one year of the date on which the member begins service on an authority. Nor may any member hold another office of honor or profit of this State while serving on the authority as prohibited by the South Carolina Constitution. Nor may any member of an authority established pursuant to subsection (D) serve or have served as an officer of, or as a member of the executive committee of, any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation which has been established by an executive order of the Governor prior to the effective date of this Chapter, within one year prior to the date on which the member begins service on an authority. Each member of an authority must comply with the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws including the requirement to file a statement of economic interests.

(F) All executive orders of the Governor establishing any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation shall expire on March 1, 1995. The Governor may issue no executive order relating to the purposes of this chapter except to create or to modify the membership of an authority as provided in Section 31-12-40.

(G) Upon the creation of an authority under the provisions of this Chapter with regard to property scheduled for disposal which was also the subject of an executive order of the Governor issued prior to the effective date of this Act, the authority may, by its resolution, assume all or part of the responsibilities and activities of the entity previously authorized by the executive order.

(H) The appointments made pursuant to subsections (B)(2), (B)(3) and (B)(4), subsections (C)(2), (C)(3) and (C)(4), and subsections (D)(1), (D)(2), (D)(3), (D)(4), (D)(5) and (D)(8) shall be subject to the advice and consent of the state Senate.

(I) An authority also may be created by resolutions of municipalities and of counties eligible to make the majority of the appointments to an authority pursuant to subsections (B), (C) or (D), respectively.

(J) A vacancy occurring during the recess of the Senate may be filled by an interim appointment by the appointing body or officer.

The Senate must be notified of the interim appointment, which shall be submitted no later than the end of the third week of its next ensuing regular session. The Senate may give or withhold its advice and consent to an appointment at any time after submission of the appointment, provided that if the Senate does not advise and consent to an appointment prior to Sine Die adjournment of that session, the office shall be vacant and the interim appointment shall not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed by the appointing body or officer until such time as the term for which the interim appointee would have served expires.

(K) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled while the Senate is in session by an interim appointment of a different person by the appointing body or officer until Sine Die adjournment of that session.

(L) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled during the recess of the Senate by an interim appointment by the appointing body or officer in the same manner as in Subsection (I).

Section 31-12-50. (A) The term of office for members appointed pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at-large appointment by the Governor. The term of office for members appointed pursuant to Section 31-12-40(D) shall be split as equally as possible as between two or four years, as determined by lot at their first organizational meeting, other than the appointment by the Governor, who shall serve an initial two year term. After the initial terms all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified.

(B) Vacancies for the unexpired terms of any member who resigns, ceases to be qualified, or is removed must be promptly filled in the manner of the original appointment. Any member who is guilty of malfeasance, misfeasance, incompetency, persistent absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity, is subject to removal by majority vote of the appointing body upon any of the foregoing causes being made to appear satisfactory to the appointing body. A member is subject to removal by an appointing body, with or without cause, upon a two-thirds vote of an appointing body. An appointing officer may remove a member of an authority with or without cause. A member shall receive, as the authority determines, reimbursement for reasonable travel expenses and other out of pocket expenses incurred in the discharge of the member's duties.

Section 31-12-60. The Governor's at-large appointment shall serve for a two year term as chairman of any authority initially established. The authority shall select its vice chairman and such other officers as the authority may determine from its membership. The authority shall select its chairman at all times after the Governor's first at-large appointee ceases to serve his first term.

The authority may employ or contract for technical experts and other agents and employees as it may require and may determine the qualifications and compensation of these persons. A majority of the members then in office shall constitute a quorum for its meeting. No member is liable personally for losses unless the losses are occasioned by the wilful misconduct of the member. An authority may delegate one or more of its members, agents, or employees any of its powers that it considers necessary to carry out the purposes of the authority subject always to the supervision and control of the whole authority.

Section 31-12-70. (A) An authority shall constitute a public body, corporate and politic, exercising public and essential governmental powers, which powers shall include all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this chapter, including the following powers:

(1) to make and from time to time amend and repeal bylaws, rules, regulations, and resolutions;

(2) to have perpetual succession;

(3) to adopt a seal;

(4) to sue and be sued;

(5) to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and any contract or instrument when signed by the chairman or vice chairman and secretary or assistant secretary of the authority must be held to have been properly executed for and on its behalf;

(6) to cooperate with any government or municipality as defined in this title;

(7) to act as agent of the State or federal government or any of its instrumentalities or agencies for the public purposes set out in this title;

(8) to prepare or cause to be prepared and adopt redevelopment plans and to undertake and carry out redevelopment projects within its area of operation;

(9) to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a redevelopment project; provided, however, the power provided herein shall not be construed to alter or amend the rights, responsibilities, or powers of electrical utilities, electric cooperatives, electric suppliers, municipal electric systems, or the Public Service Authority as provided in Chapter 27 and 31 of Title 58 and Section 5-7-60, as is or as may hereafter be amended;

(10) within its area of operation, to purchase, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property or any interest in it, together with any improvements on it, necessary or incidental to a redevelopment project, to hold, improve, clear, or prepare for redevelopment of the property, and sell, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge or otherwise encumber or dispose of any real or personal property or any interest in it, either as an entirety to a single redeveloper or in parts to several redevelopers, to enter into contracts, either before or after the real property that is the subject of the contract is acquired by the authority, with redevelopers of property containing covenants, restrictions, and conditions regarding the use of the property for residential, commercial, industrial, or recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions, and conditions as the authority may consider necessary to effectuate the purposes of this chapter; and to provide appropriate remedies for any breach of covenants or conditions, including the right to terminate the contracts and any interest in the property created pursuant thereto; to borrow money and issue bonds and provide security for bonds, provided that the authority may not pledge the full faith and credit of the state or of any of its political subdivisions for the repayment of said bonds; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards, including the power to pay premiums on the insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter;

(11) to invest any funds held in reserves or sinking funds or any funds not required for immediate disbursements, in the investments as may be lawful for guardians, executors, administrators or other fiduciaries under the laws of this State; and to redeem its bonds at the redemption price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be canceled;

(12) to borrow money and to apply for and accept advances, loans evidenced by bonds, grants, contributions, and any other form of financial assistance from the federal government, the State, county, municipality, or other public body or from any sources, public or private for the purposes of this chapter, to give this security as may be required and to enter into and carry out contracts in connection with it;

(13) within its area of operation, to make or have made all surveys, studies, and plans necessary to the carrying out of the purposes of this chapter and in connection with it to enter into or upon any land, building, or improvement on it for the purposes and to make soundings, test borings, surveys, appraisals, and other preliminary studies and investigations necessary to carry out its powers and to contract or cooperate with any and all persons or agencies, public or private, in the making and carrying out the surveys, appraisals, studies, and plans. An authority is specifically authorized to make:

(a) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and

(b) plans for the enforcement of laws, codes, and regulations relating to the use of land, the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, subject to the approval of the municipality, or county if not within a municipality, within which the properties lie;

(14) to make expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from funds obtained from the federal government;

(15) to perform redevelopment project undertakings and activities in one or more contiguous or noncontiguous redevelopment areas that are planned and carried out on the basis of annual tax increments in accordance with the remaining provisions of this Chapter.

(B) In carrying out a redevelopment project, an authority may:

(1) with or without consideration and, at private sale, in accordance with the redevelopment plan, convey real property to the municipality, county, or other appropriate public body to be laid out for streets, alleys, and public ways;

(2) with or without consideration, convey at private sale, in accordance with the redevelopment plan, grant, or dedicate easements and rights-of-way for public utilities, sewers, streets, and other similar facilities;

(3) with or without consideration, and at private sale, in accordance with the redevelopment plan, convey to a municipality, county, or other appropriate public body, real property to be used for parks, schools, public buildings, facilities, or other public purposes; and

(4) temporarily rent or lease, operate, or maintain real property in a redevelopment area, whether or not in accordance with the redevelopment plan and pending the disposition of the property for redevelopment, as may be deemed appropriate.

(C) In developing its redevelopment plans, an authority shall take into account the needs of the surrounding community; shall attempt to integrate the redevelopment of the properties scheduled for disposition with any adjacent areas; and shall consider the extent to which the plan compliments the existing development of the community, the competitive effect on existing businesses in the community, and the compatibility of the redevelopment with the community. To that end, and with the consent and concurrence of the local governing body having planning and zoning authority over the surrounding areas, the authority may prepare and implement plans for public infrastructure or other improvements which would be authorized under the Community Development Law for a municipality in such areas.

(D) In furtherance of its purposes, an authority may issue revenue bonds, the interest on which may or may not be excludable from gross income for federal income tax purposes, for the purpose of raising funds needed from time to time for the financing or refinancing, in whole or in part, of the acquisition, construction, equipping, maintenance, and operation of any facility, building, structure, or any other matter or thing which the authority is authorized to acquire, construct, equip, maintain, or operate.

Section 31-12-80. (A) Any public body, including the State and any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly, upon such terms, with or without consideration, for the purpose of aiding and cooperating in the planning, undertaking, or carrying out of a redevelopment project located within the area in which it is authorized to act, may:

(a) dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to an authority;

(b) cause parks, playgrounds, recreational, community, education, water, sewer, or drainage facilities, or any other works that it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;

(c) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways, or other places that it is otherwise empowered to undertake;

(d) plan or replan any part of the redevelopment;

(e) cause administrative and other services to be furnished to the authority of the character which the public body is otherwise empowered to undertake or furnish for the same or other purposes;

(f) enter into an agreement to pay fees in lieu of taxes as to any properties it might use, own, or acquire located within the redevelopment project area, such fees not to exceed amounts which would otherwise be paid if the properties were not tax exempt, and upon approval of the municipal governing body, such fees may be pledged for the repayment of tax increment finance obligations issued pursuant to this chapter;

(g) enter into an agreement to fund public infrastructure improvements as a part of redevelopment project in such amounts as may represent anticipated savings in capital or operating expenditures of the public body due to its acquisition of properties scheduled for disposition as a part of the redevelopment project; and,

(h) do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan.

(B) Any sale, conveyance, or agreement provided for in this section may be made by a public body without public notice, advertisement, or public bidding.

Section 31-12-90. Notwithstanding any provision of law, neither the State nor any political subdivision or any public or quasi-public entity or affiliated corporate entity by whatever name whose board is appointed pursuant to an act of the General Assembly or any non-profit public or non-profit private corporation chartered for the purpose of furthering economic development may make a profit on the sale of real estate to a redevelopment authority created pursuant to this act; nor may any monies from the authority's assets developed through the sale, lease, or fees generated from the profits be transferred to any government entity above, beyond, or outside of the authority itself, except as may be required or permitted by applicable provisions of the Defense Base Closure Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time to time.

Section 31-12-100. (A) An authority created pursuant to this chapter may dissolve the authority by a two-thirds vote of the entire number of authorized members if no property remains for redevelopment or if the authority decides to transfer the remaining redevelopment properties to another public body or successor entity created by statute.

(B) Final dissolution may occur only upon sale of all properties to the private sector or conveyance to another public entity described in subsection (A) with the lawful power to receive real and personal property held by the authority and the satisfaction of all outstanding obligations of the authority or their lawful assumption by another public entity described in subsection (A).

(C) Upon a determination to dissolve, the authority may dispose of any tangible or intangible property remaining after transfer of any remaining redevelopment properties as provided by law or in the following manner:

(1) tangible personal property and cash or similar instruments held by the authority shall be distributed to the local governmental entities which nominated members to the authority; and

(2) disbursement of assets shall be based on the cash value of all assets, and shall be distributed in reimbursement to local government entities which have contributed cash funds or capital assets in proportion to the dollar value of contributions made by the government entities that have not been otherwise recovered by the contributing governmental entity through direct revenues.

(D) The authority shall keep annual and permanent records of cash contributions and the value of in-kind donations of the governmental entities, and such records shall be used to determine the distribution of assets of the authority based on the net present value of such contributions at the time it is dissolved.

Section 31-12-110. Notwithstanding any provision of law or regulation, an authority shall be an "agency" for purposes of Chapter 78 of Title 15.

Section 31-12-120. Notwithstanding any provision of law or regulation, an authority must comply with the provisions of Chapter 35 of Title 11 (South Carolina Consolidated Procurement Code) and the related regulations issued by the Budget and Control Board. In any instance where a provision of this chapter is inconsistent with a provision of the Procurement Code or regulation, the Procurement Codes and regulation shall control.

Section 31-12-200. Upon creation of a redevelopment authority by the Governor, any properties scheduled for disposal within a particular municipality, whether contiguous or not, including, to the extent that the State may then or thereafter have or acquire jurisdiction, all properties over which the State has ceded jurisdiction in whole or in part to the United States of America, and including both the real property to be disposed of by an authority as well as any other properties disposed of directly by the federal government to public or private persons or entities, other than disposal to the federal government for other military uses, in connection with military installation closure and realignment, shall without further action being necessary be constituted as a tax increment finance district in accordance with the remaining provisions of this Chapter.

Section 31-12-210. Obligations secured by the special tax allocation fund set forth in Section 31-12-270 for the redevelopment project area may be issued by the municipality upon the request of the authority to provide for redevelopment project costs. The obligations, when so issued, must be retired in the manner provided in the ordinance authorizing the issuance of the obligations by the receipts of taxes levied as specified in Section 31-12-270 against the taxable property included in the area and other revenue as specified in Section 31-12-310 designated by the municipality or by the authority which source does not involve revenues from any tax or license. In the ordinance authorizing the issuance of the obligations the municipality may pledge all or any part of the funds in and to be deposited in the special tax allocation fund created pursuant to Section 32-12-200 to the payment of the redevelopment project costs and obligations. Any pledge of funds in the special tax allocation fund must provide for distribution to the taxing districts of monies not required for payment and securing of the obligations and the excess funds are surplus funds. In the event a municipality only pledges a portion of the monies in the special tax allocation fund for the payment of redevelopment project costs or obligations, any funds remaining in the special tax allocation fund after complying with the requirements of the pledge are also considered surplus funds. All surplus funds must be distributed annually to the taxing districts in the redevelopment project area by being paid by the municipality to the county treasurer of the county in which the municipality is located. The county treasurer shall immediately thereafter make distribution to the respective taxing districts in the same manner and proportion as the most recent distribution by the county treasurer to the affected districts of real property taxes from real property in the redevelopment project area.

In addition to obligations secured by the special tax allocation fund, the municipality, with the concurrence of the authority evidenced by its resolution, may pledge for a period not greater than the term of the obligations toward payment of the obligations any part of the revenues remaining after payment of operation and maintenance, of all or part of any redevelopment project.

The obligations may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, may bear such rate or rates of interest as the governing body shall determine, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, may be authenticated in such manner and upon compliance with such conditions, and may contain such other terms and covenants, as may be provided by the governing body of the municipality. If the governing body determines to sell any obligations, the obligations must be sold at public or private sale in such manner and upon such terms as the governing body considers best for the interest of the municipality.

The obligations must be issued within fifteen years of the creation of the tax increment finance district in accordance with Section 31-12-200.

A certified copy of the ordinance authorizing the issuance of the obligations must be filed with the clerk of the governing body of each county and treasurer of each county in which any portion of the tax municipality is situated and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation fund.

A municipality also may issue its obligations to refund in whole or in part obligations previously issued by the municipality under the authority of this chapter, whether at or prior to maturity, and all references in this chapter to "obligations" are considered to include these refunding obligations.

The debt incurred by a municipality pursuant to this chapter is exclusive of any statutory limitation upon the indebtedness a taxing district may incur. All obligations issued pursuant to this chapter shall contain a statement on the face of the obligation specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged for the obligations.

The trustee or depositary under any indenture may be such persons or corporations as the governing body designates, or they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.

Section 31-12-250. The proceeds from obligations issued under authority of Sections 31-12-200 through 31-12-320 of this chapter must be applied only for the purpose for which they were issued. Any premium and accrued interest received in any such sale must be applied to the payment of the principal of or the interest on the obligations sold. Any portion of the proceeds not needed for redevelopment project costs must be applied to the payment of the principal of or the interest on the obligations.

Section 31-12-260. The obligations authorized by this chapter and the income from the obligations and all security agreements and indentures executed as security for the obligations made pursuant to the provisions of this chapter and the revenue derived from the obligations are exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes and all security agreements and indentures made pursuant to the provisions of this chapter are exempt from all state stamp and transfer taxes.

Section 31-12-270. A municipality, after the adoption of an ordinance pursuant to Section 31-12-280 concurring in an authority's redevelopment plan, may issue obligations under this chapter upon the request of the redevelopment authority to finance the redevelopment project upon adoption of an ordinance providing that:

(1) after the issuance of the obligations; and

(2) after the total equalized assessed valuation of the taxable real property in a redevelopment project area exceeds the certified "total initial equalized assessed value" established in accordance with Section 31-12-300(B) of all taxable real property in the project area, the ad valorem taxes, if any, arising from the levies upon taxable real property in the project area by taxing districts and tax rates determined in the manner provided in Section 31-12-300(B) each year after the obligations have been issued until obligations issued under this chapter have been retired and redevelopment project costs have been paid must be divided as follows:

(a) that portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the total initial equalized assessed value of all taxable real property in the redevelopment project area must be allocated to and when collected must be paid by the county treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of the redevelopment plan; and

(b) that portion, if any, of taxes which is attributable to the increase in the current total equalized assessed valuation of all taxable real property in the redevelopment project area over and above the total initial equalized assessed value of taxable real property in the redevelopment project area must be allocated to and when collected must be paid to the municipality which shall deposit the taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment of the costs and obligations. The municipality may pledge in the ordinance the funds in and to be deposited in the special tax allocation fund for the payment of the costs and obligations.

When obligations issued under this chapter have been retired and redevelopment project costs incurred under this chapter have been paid or budgeted pursuant to the redevelopment plan, as evidenced by resolution of the governing body of the municipality, concurred in by resolution of the authority, all surplus funds then remaining in the special tax allocation fund must be paid by the municipal treasurer to the county treasurer who immediately, after receiving the payment, shall pay the funds to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the treasurer to the affected districts of real property taxes from real property in the redevelopment project area.

Upon the payment of all redevelopment project costs, retirement of all obligations of a municipality issued under this chapter, and the distribution of any surplus monies pursuant to this section, at least fifteen years having passed since the creation of the tax increment finance district pursuant to Section 31-12-200, the municipality shall adopt an ordinance dissolving the tax allocation fund for the project redevelopment area and terminating the designation of the redevelopment project area as a redevelopment project area for purposes of this chapter. Thereafter, the rates of the taxing districts must be extended and taxes levied, collected, and distributed in the manner applicable in the absence of the adoption of a redevelopment plan and the issuance of obligations under this chapter.

Section 31-12-280. Prior to the issuance of any obligations under this chapter, the municipality shall set forth by way of ordinance the following:

(a) a copy of the redevelopment plan of the authority;

(b) a statement indicating the need for and proposed use of the proceeds of the obligations in relationship to the redevelopment plan;

(c) a list of all real property in the redevelopment project area; and

(d) a statement of the estimated impact of the redevelopment plan upon the revenues of all taxing districts in which a redevelopment project area is located.

Before approving the issuance of any obligations under this chapter, the governing body of the municipality must hold a public hearing on the redevelopment plan after published notice in a newspaper of general circulation in the county in which the tax increment finance district is located not less than fifteen days and not more than thirty days prior to the hearing. The notice shall include:

(1) the time and place of the public hearing;

(2) a notification that all interested persons will be given an opportunity to be heard at the public hearing;

(3) a description of the redevelopment project area, the redevelopment plan, and the redevelopment project; and

(4) the maximum estimated term of obligations to be issued at that time.

Not less than forty-five days prior to the date set for the public hearing, the municipality shall give the same notice to all taxing districts of which taxable property is included in the redevelopment project area.

Adoption of an ordinance approving the issuance of any obligations under this Chapter shall not preclude amendments to the redevelopment plan of the authority and any proceeds of obligations issued hereunder may be applied to the implementation of any such amended redevelopment plan.

Section 31-12-290. Carry forward of funds.

During the existence of the special tax allocation fund created pursuant to this Chapter, funds not otherwise expended may be carried forward from year to year to be applied to future years obligations and shall not be considered surplus funds subject to distribution under the provisions of Section 31-12-270 unless determined otherwise by resolution of the authority.

Section 31-12-300. (A) If a municipality by ordinance authorizes by ordinance the issuance of obligations pursuant to Section 31-12-210, the auditor of the county in which the municipality is situated, immediately after adoption of the ordinance pursuant to Section 31-12-210, must, upon request of the municipality, determine and certify:

(1) the most recently ascertained equalized assessed value of all taxable real property within the redevelopment project area, as of the date of creation of the authority pursuant to Section 31-12-200, or the date the properties were scheduled for disposal by final action of the federal government in the case of properties added after the date of creation of the authority, which value is the "initial equalized assessed value" of the property; and

(2) the total equalized assessed value of all taxable real property within the redevelopment project area and certifying the amount as the "total initial equalized assessed value" of the taxable real property within the redevelopment project area.

(B) After the county auditor has certified the total initial equalized assessed value of the taxable real property in the area, then in respect to every taxing district containing a redevelopment project area, the county auditor or any other official required by law to ascertain the amount of the equalized assessed value of all taxable property within the district for the purpose of computing the rate percent of tax to be extended upon taxable property within such district, shall in every year that obligations are outstanding for redevelopment projects in the redevelopment area ascertain the amount of value of taxable property in a project redevelopment area by including in the amount the certified total initial equalized assessed value of all taxable real property in the area in lieu of the equalized assessed value of all taxable real property in the area. The rate percent of tax determined must be extended to the current equalized assessed value of all property in the redevelopment project area in the same manner as the rate percent of tax is extended to all other taxable property in the taxing district. The method of extending taxes established under this section terminates when the municipality adopts an ordinance dissolving the special tax allocation fund for the redevelopment project.

Section 31-12-310. Revenues received by the municipality or authority from any property, building, or facility owned by the municipality or authority, or any agency or authority established by the municipality, in the redevelopment project area may be used to pay redevelopment project costs or reduce outstanding obligations of the municipality incurred under this chapter for redevelopment project costs. If the obligations are used to finance the extension or expansion of a system as defined in Section 6-21-40 in the redevelopment project area, all or a portion of the revenues of the system, whether or not located entirely within the redevelopment project area, including the revenues of the redevelopment project, may be pledged to secure the obligations issued under this chapter. The municipality is fully empowered to use any of the powers granted by either or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6 (Revenue Bond Act for Utilities). In exercising the powers conferred by the provisions, the municipality may make any pledges and covenants authorized by any provision of those chapters. The municipality may place the revenues in the special tax allocation fund or a separate fund which must be held by the municipality or financial institution designated by the municipality. Revenue received by the municipality or authority from the sale or other disposition of real property acquired by the municipality or authority with the proceeds of obligations issued under the provisions of this chapter must be deposited by the municipality or authority in the special tax allocation fund of the municipality or a separate fund which must be held by the municipality or authority or a financial institution designated by the municipality or authority, with such proceeds to be used to discharge the obligations issued pursuant to this chapter or otherwise to further the purposes of the redevelopment project. Proceeds of grants may be pledged by the municipality and deposited in the special tax allocation fund or a separate fund.

Section 31-12-320. If the redevelopment project area is located within more than one municipality, the municipalities may jointly approve a redevelopment plan and authorize obligations as provided under the provisions of this chapter."

SECTION 2. Section 6-7-830(a) of the 1976 Code is amended to read:

"(a) All agencies, departments and subdivisions of this State that use real property, as owner or tenant, in any county or municipality in this State shall be subject to the zoning ordinances thereof.

Any county or agency, department or subdivision thereof that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be subject to the zoning ordinances of the municipality.

Any municipality or agency, department or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of such municipality shall be subject to the zoning ordinances of the county.

All agencies, departments, and subdivisions of this State, including public or quasi-public entities by whatever name whose board is appointed pursuant to an act of the General Assembly and redevelopment authorities created pursuant to Chapter 12 of Title 31, that use real property, as owner or tenant, in any county or municipality in this State shall be subject to the zoning and subdivision ordinances and regulations thereof.

Any county or agency, department, or subdivision thereof that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be subject to the zoning and subdivision ordinances and regulations of the municipality.

Any municipality or agency, department, or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any county in this State but not within the limits of such municipality shall be subject to the zoning and subdivision ordinances and regulations of the county. Any municipality or agency, department, or subdivision thereof, that uses any real property, as owner or tenant, within the limits of any other municipality in this State but not within its own limits shall be subject to the zoning and subdivision ordinances and regulation of such other municipality.

The provisions of this section shall apply regardless of any cession of jurisdiction to the United States of America pursuant to Chapter 3 of Title 3, or otherwise.

The provisions of this section shall not require any state agency, department, or subdivision to move from facilities occupied on June 18, 1976, regardless of whether or not their location is in violation of municipal or county zoning ordinances.

The provisions of this act do not apply to a home serving nine or fewer mentally or physically handicapped persons provided the home provides care on a twenty-four-hour basis and is approved or licensed by a state agency or department or under contract with the agency or department for such purpose. Any such home is construed to be a natural family or such similar term as may be utilized by any county or municipal zoning ordinance to refer to persons related by blood or marriage. Prior to locating the home for such handicapped persons the appropriate state agency or department or the private entity operating the home under contract must first give prior notice to the local governing body administering the pertinent zoning laws, advising of the exact site of any proposed home. The notice must also identify the individual representing the agency, department, or private entity for site selection purposes. If the local governing body objects to the selected site, the governing body must notify the site selection representative of the entity seeking to establish the home within fifteen days of receiving notice and must appoint a representative to assist the entity in selection of a comparable alternate site and/or structure. The site selection representative of the entity seeking to establish the home and the representative of the local governing body, shall select a third mutually agreeable person. The three persons shall have forty-five days to make a final selection of the site by majority vote. Such final selection shall be binding on the entity and the governing body. In the event no selection has been made by the end of the forty-five-day period, the entity establishing the home shall select the site without further proceedings. An application for variance or special exception is not required. No person may intervene to prevent the establishment of such a community residence without reasonable justification.

Prospective residents of such homes shall be screened by the licensing agency to insure that such placement is appropriate.

The licensing agency shall conduct reviews of such homes no less frequently than every six months for the purpose of promoting the rehabilitative purposes of the homes and their continued compatibility with their neighborhoods."

SECTION 3. Section 6-31-20(2) of the 1976 Code is amended to read:

"(2) `Developer' means a person, including a governmental agency or redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, who intends to undertake any development and who has a legal or equitable interest in the property to be developed."

SECTION 4. Section 6-31-40 of the 1976 Code is amended to read:

"Section 6-31-40. A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains twenty-five acres or more of highland. Development agreements involving property containing no more than two hundred fifty acres of highland shall be for a term not to exceed five years. Development agreements involving property containing one thousand acres or less of highland but more than two hundred fifty acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing two thousand acres or less of highland but more than one thousand acres of highland shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres and development agreements with a developer which is a redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, regardless of the number of acres of property involved, may be for such term as the local government and the developer shall elect."

SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 6. This act takes effect upon approval by the Governor.

Amend title to conform.

/s/Robert Ford James J. Bailey
/s/Luke A. Rankin /s/Sandra S. Wofford
/s/Lawrence E. Richter, Jr. /s/Mark S. Kelley

On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
Speaker of the House

Received as information.

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session.

Columbia, S.C., June 1, 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:
S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.
Very respectfully,
Speaker of the House

Received as information.

S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.

On motion of Senator GIESE, with unanimous consent, the Senate receded from its amendments to the Bill.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

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

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

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

The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3812 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, Cato, Gamble, Harvin, McLeod, Neilson, Richardson, Robinson, Simrill, R. Smith, Vaughn, Whipper, Gonzales, Wright and Harrison: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993" INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5146 -- Rep. Whipper: A BILL TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4010 -- Rep. Shissias: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR THE ENFORCEMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "ORDER FOR SUPPORT"; TO REVISE THE THRESHOLD FOR INITIATING INCOME WITHHOLDING; AND TO REVISE OTHER PROCEDURAL AND NOTICE REQUIREMENTS FOR INCOME WITHHOLDING, INCLUDING THE REQUIREMENT THAT EMPLOYERS AND PARENTS PAYING CHILD SUPPORT MUST NOTIFY THE CLERK OF COURT IF HEALTH INSURANCE IS AVAILABLE FOR CHILDREN ON WHOSE BEHALF THE CHILD SUPPORT IS PAID.

Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the General Committee.

There was no objection.

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

The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.

Senator McGILL asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

Senator RICHTER objected.

The following were introduced:

S. 1450 -- Senator Mitchell: A BILL TO ENACT THE "CRIMINAL JUSTICE REFINEMENT AND PLANNING ACT OF 1994"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 24 SO AS TO PROVIDE FOR COMMUNITY CORRECTIONS INCENTIVE, INCLUDING PROVIDING, AMONG OTHER THINGS, THAT THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PARDON AND PAROLE JOINTLY SHALL DEVELOP AND IMPLEMENT CRITERIA TO ASSIST THE COURTS IN IDENTIFYING OFFENDERS WHO WOULD BE SUITABLE CANDIDATES FOR COMMITMENT AND REFERRAL TO A COMMUNITY CORRECTIONS FACILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE THAT THE GOVERNING BODIES OF COUNTIES AND/OR MUNICIPALITIES MAY JOIN IN ESTABLISHING LOCAL MULTI-JURISDICTIONAL CORRECTIONAL OR DETENTION FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING TRIAL OR SENTENCE ON CRIMINAL CHARGES, CONVICTED AND SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES; TO AMEND SECTION 24-9-20, AS AMENDED, RELATING TO INSPECTION OF STATE AND LOCAL FACILITIES HOUSING PRISONERS OR PRETRIAL DETAINEES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT FOOD SERVICE OPERATIONS OF SUCH FACILITIES MUST BE INSPECTED AT LEAST ANNUALLY BY AN EMPLOYEE OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 24-9-30, AS AMENDED, RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS DETERMINES THAT THE PUBLIC INTEREST IS SERVED BY PERMITTING A CONFINEMENT FACILITY TO REMAIN OPEN, WHEN THE FACILITY, UNDER OTHER CRITERIA, SHOULD BE CLOSED, HE MAY STIPULATE ACTIONS TO AVOID OR DELAY CLOSING THE FACILITY; TO AMEND CHAPTER 13, TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 17 SO AS TO PROVIDE FOR THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; TO AMEND THE 1976 CODE BY ADDING SECTION 22-5-580 SO AS TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION PROGRAM TO BRING ABOUT AN IMPROVEMENT OF MAGISTRATES' COLLECTIONS AND CONSIDERATION OF INFORMATION CONCERNING RELEASE OF PERSONS PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES, AND PROVIDE THAT THE DEPARTMENT OF PROBATION, PARDON AND PAROLE SHALL PROMULGATE REGULATIONS TO BE USED BY MAGISTRATES IN IMPROVING THE COLLECTIONS AND THE CONSIDERATION OF INFORMATION ON PERSONS REQUESTING RELEASE ON APPEARANCE RECOGNIZANCE OR APPEARANCE BONDS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 29 TO TITLE 24 SO AS TO ESTABLISH AND PROVIDE FOR THE SOUTH CAROLINA SENTENCING AND CORRECTIONS POLICY COMMISSION; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO, AMONG OTHER THINGS, PROVISIONS THAT CONVICTED PERSONS SHALL BE IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DESIGNATE THE PLACE OF CONFINEMENT, PRISONER PAID EMPLOYMENT, AND LITTER REMOVAL, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NOTHING IN THIS SECTION PREVENTS A COURT FROM ORDERING A SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE BEING SERVED IN ANOTHER STATE OR AN ACTIVE FEDERAL SENTENCE; TO AMEND SECTION 24-3-30, AS AMENDED, RELATING TO DESIGNATION OF PLACES OF PRISONER CONFINEMENT, EXCEPTIONS, AND NOTIFICATION TO THE DEPARTMENT OF CORRECTIONS OF THE CLOSING OF COUNTY PRISON FACILITIES, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A COUNTY OR MUNICIPALITY, THROUGH MUTUAL AGREEMENT OR CONTRACT, MAY ARRANGE WITH ANOTHER COUNTY OR MUNICIPALITY OR A LOCAL MULTI-JURISDICTIONAL CORRECTIONAL FACILITY FOR THE DETENTION OF ITS PRISONERS; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT, UNLESS OTHERWISE PROVIDED BY LAW, THE EMPLOYER OF A PRISONER AUTHORIZED TO WORK AT PAID EMPLOYMENT IN THE COMMUNITY OR IN A PRISON INDUSTRY PROGRAM SHALL PAY THE PRISONER'S WAGES DIRECTLY TO THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-330, AS AMENDED, RELATING TO PURCHASE BY THE STATE AND THE STATE'S POLITICAL SUBDIVISIONS OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF GENERAL SERVICES SHALL MONITOR THE COOPERATION OF STATE OFFICES, DEPARTMENTS, INSTITUTIONS, AND AGENCIES IN THE PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO PROVIDE THAT NOTHING IN CHAPTER 3 OF TITLE 24 PROHIBITS A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR THE POLITICAL SUBDIVISIONS OF THE STATE FROM CONTACTING AND REQUESTING THE DEPARTMENT OF CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS SIMILAR, BUT NOT IDENTICAL, TO ARTICLES OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET AND PENALTIES, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ARTICLES OR PRODUCTS PRODUCED AS THE RESULT OF A CONTRACT ENTERED INTO PURSUANT TO SECTION 24-3-430; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-430 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR IN PRIVATE INDUSTRY FOR THE MANUFACTURING AND PROCESSING OF GOODS, WARES, OR MERCHANDISE OR THE PROVISION OF SERVICES OR ANOTHER BUSINESS OR COMMERCIAL ENTERPRISE CONSIDERED BY THE DIRECTOR TO ENHANCE THE GENERAL WELFARE OF THE STATE, AND, PROVIDE FURTHER, AMONG OTHER THINGS, THAT THE DIRECTOR MAY ENTER INTO CONTRACTS NECESSARY TO IMPLEMENT THIS PROGRAM; TO AMEND SECTION 41-27-260, RELATING TO THE TYPES OF LABOR WHICH THE TERM "EMPLOYMENT" AS USED IN CHAPTERS 27 THROUGH 41 OF TITLE 41 DOES NOT INCLUDE, SO AS TO ADD TO THE LIST OF EXEMPTIONS SERVICE PERFORMED BY AN INMATE WHO PARTICIPATES IN A PROJECT DESIGNATED BY THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, PROCUREMENT ORGANIZATION, AND EXEMPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE AN EXEMPTION FOR THE PURCHASE OF GOODS, PRODUCTS, AND SERVICES BY STATE OFFICES, DEPARTMENTS, INSTITUTIONS, AGENCIES, BOARDS, AND COMMISSIONS OR THE POLITICAL SUBDIVISIONS OF THE STATE FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; AND TO REQUIRE A REPORT ON CERTAIN MATTERS FROM THE DEPARTMENT OF CORRECTIONS TO THE GENERAL ASSEMBLY BY THE FIRST DAY OF THE 1995 LEGISLATIVE SESSION.

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

A great deal of meaningful legislation has been considered by the Senate during this two-year session. Particularly in matters related to crime, which is important to all our citizens, much has been debated and acted on.

Senator Holland's committee has given us some very important legislation. Senator Williams has sent us a number of bills through the Judiciary Committee, and others have come through Corrections and Penology - and, I want to thank the members of my committee for their hard work.

It is disappointing that we have been denied the opportunity to consider other legislation which the House of Representatives was working on. After months of study, hearings, debate, and action, the House Judiciary Committee presented a major adult crime bill which has been stalled for various reasons and never made its way to the Senate for our review.

Obviously some of it is controversial and some of it would cost a lot of money. Some of it was good and some of it may raise questions. Our Senate committees would no doubt have reworked it significantly. However, we never got that chance to work on it at all. As a result, we omitted some important issues.

I have taken the initiative to propose a bill entitled the Criminal Justice Refinement and Planning Act of 1994 which incorporates the very best elements of that House bill. I do not claim credit for originating what is in my bill, but I do feel strongly that this Senate deserves the privilege of considering what I have taken from the House version. In a few cases, I modified sections, but in no case am I proposing anything radical or anything that commits the State to major appropriations. There is nothing liberal or conservative, Republican or Democrat, upstate or lowerstate. This is a general bill which will put us on course for the future.

Let me urge all Senators to read the bill and be prepared to consider it. I will be offering a series of amendments to other bills in order to get this legislation acted on before we adjourn. We can not afford to go home without addressing these most crucial issues. This is our moment to be responsible. Do not let it go by.

S. 1451 -- Senators McConnell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION TO EXPRESS GRATITUDE TO SENATOR ALEXANDER STEPHENS "ALEX" MACAULAY OF OCONEE ON THE OCCASION OF HIS DEPARTURE FROM SERVICE AFTER FOURTEEN YEARS OF DISTINGUISHED SERVICE TO THE SENATE AND TO THE PEOPLE OF SOUTH CAROLINA AND TO CONGRATULATE HIM ON HIS ELECTION TO THE POSITION OF CIRCUIT JUDGE AND WISH HIM WELL IN HIS FUTURE ENDEAVORS.

Whereas, the sine die adjournment of the General Assembly this year will mark the end of the legislative career of one of the Senate's most esteemed members, Senator Alexander Stephens "Alex" Macaulay of Oconee County; and

Whereas, Senator Macaulay has served the Senate and the State of South Carolina with distinction since 1981; and

Whereas, Senator Macaulay is departing from legislative service to assume responsibilities as Judge of the Tenth Judicial Circuit; and

Whereas, Senator Macaulay was proudly born January 31, 1942, at Fort Moultrie, Sullivan's Island in Charleston County, the son of Neill Webster Macaulay and Eliza Singleton Macaulay; and

Whereas, Senator Macaulay is married to the former Maria Locke Boineau, and the couple has two children, Maria Locke and Alexander Stephens, Jr.; and

Whereas, Senator Macaulay graduated from The Citadel in 1963 with a Bachelor of Arts degree in History and received his law degree from the University of South Carolina in 1970; and

Whereas, prior to attending law school, Senator Macaulay served his country ably and honorably during the Vietnam Conflict, receiving the Combat Medic's Badge, the Bronze Star, and the Air Medal; and

Whereas, Senator Macaulay has been a successful member of the South Carolina Bar, having worked as an Assistant Attorney General and in private practice with the firm of Miley and Macaulay and having served as President of the Oconee County Bar Association; and

Whereas, Senator Macaulay has persistently been involved in civic and social organizations, having served on the Board of Directors of the United Way of Oconee County, as past president of the Walhalla Rotary Club, and is a charter member of the Walhalla Sertoma Club; and

Whereas, Senator Macaulay has been active in his church, serving as a Sunday School teacher, Deacon, and Elder in the Walhalla Presbyterian Church; and

Whereas, in addition to his Senate service, Senator Macaulay has a long history of public service, having served on the State Board of Education, the Boards of Visitors of Clemson University and the Medical University of South Carolina, and on the United States Constitution Bicentennial Commission of South Carolina; and

Whereas, Senator Macaulay was elected to the Senate in 1980 and began service in 1981, eventually attaining the chairmanship of the Medical Affairs Committee; and

Whereas, Senator Macaulay has always been known for his sharp wit, keen intellect, and his determination in legislative action; and

Whereas, Senator Macaulay has been known for his pureness of principle, his sincerity in service, his charity to the citizenry, and his generosity to the General Assembly; and

Whereas, Senator Macaulay has been known for his questions which never seem to have a question mark; and

Whereas, Senator Macaulay has a reputation for iron legs and steel kidneys in a filibuster, as well as a never ending stream of verbose air for the listening Senators; and

Whereas, Senator Macaulay has always expressed memories of his early Charleston connections and has been fondly referred to by the Charleston Senatorial Delegation as the Senator from Oconee Charleston; and

Whereas, Senator Macaulay added character and color to the South Carolina Senate during his service and will be deeply missed by his colleagues and constituents. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate express their gratitude to Senator Alexander Stephens "Alex" Macaulay for fourteen years of continuous distinguished service to the body and to the people of the State of South Carolina and congratulate him on his election to the position of circuit court judge and wish him a smooth transition as he moves from the legislature to the judiciary.

Be it further resolved that a copy of this resolution be forwarded to Senator Alexander Stephens "Alex" Macaulay.

The Senate Resolution was adopted.

S. 1452 -- Senators Glover, Saleeby and Elliott: A SENATE RESOLUTION TO RECOGNIZE MR. WILTON C. GORDON OF MARLBORO COUNTY FOR HIS MANY YEARS OF UNSELFISH PUBLIC SERVICE AND HIS CONTRIBUTIONS TO THE 4-H YOUTH AND AGRICULTURE PROGRAMS AND TO WISH HIM EVERY HAPPINESS AND GOOD FORTUNE IN HIS RETIREMENT.

The Senate Resolution was adopted.

S. 1453 -- Senator Macaulay: A SENATE RESOLUTION TO OFFER CONDOLENCES TO THE FAMILY AND MANY FRIENDS OF THE LATE HONORABLE JAMES MARION BROWN OF MOUNTAIN REST, SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 1454 -- Senators Patterson, Giese, Jackson and Courson: A SENATE RESOLUTION TO CONGRATULATE TAMMY RENEE MICKLE ON HER OUTSTANDING RECORD AT W. J. KEENAN HIGH SCHOOL AND TO WISH HER CONTINUED SUCCESS.

The Senate Resolution was adopted.

S. 1455 -- Senators Peeler, Martin, Macaulay, Elliott, Drummond, Reese and Lander: A SENATE RESOLUTION TO COMMEND DR. MILTON B. WISE, VICE PRESIDENT FOR AGRICULTURE AND NATURAL RESOURCES, CLEMSON UNIVERSITY, UPON HIS RETIREMENT FROM AN ILLUSTRIOUS FORTY-THREE YEAR CAREER AS AN EDUCATOR AND LEADER IN AGRICULTURE FOR HIS DEDICATION TO IMPROVING AND PROMOTING AGRICULTURE IN HIGHER EDUCATION AND FOR ADVANCING THE AGRICULTURAL INDUSTRY IN SOUTH CAROLINA AND THROUGHOUT THE SOUTHEAST.

The Senate Resolution was adopted.

H. 5263 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE LINDSEY O. GRAHAM OF OCONEE COUNTY FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

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

H. 5271 -- Reps. Davenport, Littlejohn, Beatty, D. Smith, Allison, Wells, Walker and Lanford: A CONCURRENT RESOLUTION TO EXPRESS SORROW UPON THE DEATH OF ROBERT H. CHAPMAN, SR. OF SPARTANBURG, SOUTH CAROLINA, TEXTILE INDUSTRY LEADER, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 5272 -- Rep. Scott: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. ATHERINE T. DAVIS AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 5273 -- Reps. J. Harris, Spearman, Jaskwhich, H. Brown, Rogers and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE TRUSTUS THEATER FOR ITS EXTRAORDINARY ACCOMPLISHMENTS AND TRADITION OF EXCELLENCE AND WISH IT GREAT SUCCESS IN THE CAPITAL CAMPAIGN.

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

H. 5274 -- Reps. Hines, Govan, Inabinett, Neilson, Moody-Lawrence, White, Scott, Canty, Neal, Whipper, J. Brown, Byrd, Beatty, Davenport, Waites, Allison, Wells, Shissias, Rudnick, Meacham, Anderson, Kirsh, Gamble, A. Young, McMahand, Stuart, Huff and Harrelson: A CONCURRENT RESOLUTION SALUTING AFRICAN AMERICAN WOMEN FOR THEIR VALUABLE CONTRIBUTIONS TO THE DEVELOPMENT OF THIS STATE AND NATION.

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

H. 5275 -- Reps. Baxley, Neilson and Hines: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE ALBERT SEGARS FAMILY OF HARTSVILLE, SONOCO PRODUCTS COMPANY, LAKEVIEW CLUB, INC., MRS. KATHERINE SEGARS LEVEQUE, AND MRS. EVELYN BRITT FRANK FOR THEIR GENEROSITY IN DONATING A SUBSTANTIAL TRACT OF LAND IN DARLINGTON COUNTY TO THE HERITAGE TRUST PROGRAM.

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

H. 5276 -- Reps. Koon, Wright, Spearman, Stuart, Gamble, Riser and Sturkie: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS VARSITY BASEBALL TEAM, THEIR HEAD COACH, TOMMY WILLIAMS, ASSISTANT COACH JONNY THOMPSON, PRINCIPAL JOE BEDENBAUGH, AND LEXINGTON DISTRICT I SUPERINTENDENT, DR. CHESTER FLOYD, FOR LEXINGTON'S CLASS AAAA STATE BASEBALL CHAMPIONSHIP AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF BASEBALL PLAYERS AND THEIR COACHES.

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

H. 5278 -- Reps. Boan and Hodges: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DEAN JOHN R. ARNOLD OF THE UNIVERSITY OF SOUTH CAROLINA-LANCASTER FOR HIS YEARS OF OUTSTANDING SERVICE TO THE CAUSE OF HIGHER EDUCATION ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

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

H. 5279 -- Reps. Mattos, M. O. Alexander, T. C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE BOYD ODELL "DELL" BAKER OF GREENVILLE COUNTY FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND THANKING HIM FOR HIS FRIENDSHIP.

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

H. 5280 -- Reps. Mattos, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE H. HOWELL CLYBORNE, JR. OF GREENVILLE COUNTY FOR HIS EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXPRESSING APPRECIATION FOR HIS FRIENDSHIP.

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

H. 5281 -- Reps. Graham, M.O. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE THOMAS C. ALEXANDER OF OCONEE COUNTY, OUR DISTINGUISHED COLLEAGUE AND GOOD FRIEND, FOR HIS EXCELLENT AND DEDICATED PUBLIC SERVICE IN THE HOUSE OF REPRESENTATIVES AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

Senator WILSON from the General Committee submitted a favorable report on:

S. 1440 -- Senators Moore and Jackson: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE CONTRIBUTIONS OF THE KIDS COUNT PROJECT TO IMPROVE THE LIVES OF OUR STATE'S CHILDREN THROUGH ENHANCED INFORMATION AND DATA GATHERING AND PROBLEM ANALYSIS AND POLICY DEVELOPMENT AND RECOGNIZE THE PROFESSIONALS WHO CAUSED THE KIDS COUNT PROJECT TO REALIZE ITS GOALS AND ACHIEVEMENTS.

Ordered for consideration tomorrow.

S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.

The House returned the Bill with amendments.

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

The House returned the Bill with amendments.

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

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

The House returned the Bill with amendments.

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

S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.

The House returned the Bill with amendments.

Senator COURTNEY proposed the following amendment (JUD953.001), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3 in its entirety.

Amend the bill further, as and if amended, page 4, line 25, in Section 23-6-420(A)(6), as contained in SECTION 4, by inserting after the word /School/ the following:

/ or College /.

Renumber sections to conform.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.

On motion of Senator BRYAN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator BRYAN spoke on the report.

On motion of Senator BRYAN, the Report of the Committee of Conference to S. 1040 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Section 2-15-10 of the 1976 Code, as last amended by Act 329 of 1990, is further amended to read:

"Section 2-15-10. There is created the Legislative Audit Council consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees; and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of South Carolina or their designees from the membership of the General Assembly. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."

SECTION 2. Section 2-15-20 of the 1976 Code is amended to read:

"Section 2-15-20. The nominating committee shall must be composed of seven six members, two three of whom shall must be appointed by the Governor, President of the South Carolina Senate and two elected three of whom must be appointed by the South Carolina Senate, two elected by the Speaker of the South Carolina House of Representatives and one appointed by the South Carolina Board of Accountancy. The nominating committee shall present at least one nominee and not more than three nominees for each vacancy. When a vacancy occurs, the director shall immediately notify those charged with appointing the nominating committee. If the General Assembly is in session at the time notice is given, a nominating committee must be appointed within fifteen days of the notification and the election must be held within forty-five days of the notification and no later than sine die adjournment of the General Assembly. If the General Assembly is not in session and a vacancy exists in the non ex officio members of the council, the Speaker and President of the Senate, acting jointly, shall fill the vacancy until an election can be held."

SECTION 3. Section 1-27-10 of the 1976 Code is amended to read:

"Section 1-27-10. There is created the South Carolina Advisory Commission on Intergovernmental Relations (commission) as part of the Office of the Executive Director, State Budget and Control Board."

SECTION 4. Section 1-27-60 of the 1976 Code is amended to read:

"Section 1-27-60. The commission shall receive funding as may be provided by the General Assembly and the commission may expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities. The Commission shall recommend an annual budget and appropriation request to the Budget and Control Board."

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

Amend the title to read:
A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.

/s/James E. Bryan /s/Herbert Kirsh
/s/Ernie Passailaigue James H. Hodges
/s/Robert W. Hayes, Jr. /s/Roland S. Corning

On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Boan, Hallman and Cobb-Hunter of the Committee of Free Conference on the part of the House on:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Very respectfully,
Speaker of the House

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

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator J. VERNE SMITH spoke on the report.

On motion of Senator J. VERNE SMITH, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and LEVENTIS to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator J. VERNE SMITH, the Report of the Committee of Free Conference to H. 4911 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. (A) Sub-subitem (b), subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:

"2. Adjutant General

(b) Congaree Armory 607,200 30,000

(B) Subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:

(j) Armory Construction/Renovations 577,200

The Adjutant General's Office must request the use of the Armory Construction\Renovations funds for specific projects."

SECTION 2. (A) Sub-subitem (c), subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:

"21. Department of Corrections

(c) 10 2 96-Bed Additions 6,464,933 1,486,000

(B) Subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:

(g) Construction/Renovation 3,978,933

The Department of Corrections must request the use of the funds identified in sub-subitem (g) for the Lancaster Institution, a Rehabilitation Unit for the Mentally Retarded or General Renovations or all of these projects. The Department must request the specific use of the funds for any of those projects from the Joint Bond Review Committee and the Budget and Control Board. The Lancaster Institution has priority over the use of the funds. If all of the funds in sub-subitem (g) are not used for the Lancaster Institution, then the Department shall request the specific use of the funds for either the Rehabilitation Unit for Mentally Retarded or General Renovations or both projects.

The Department of Corrections and the State Budget and Control Board are directed to proceed with the construction of the Lancaster Institution. The project costs are anticipated to require an increase of approximately $5,000,000. It is the intent of the General Assembly to provide the additional funds required to complete the institution in legislation authorizing the issuance of additional capital improvement bonds or other funding mechanisms. It is the intent of the General Assembly to provide funds for the Rehabilitation Unit for the Mentally Retarded or General Renovations, if necessary.

(C) Item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding a new subitem 32:

32. Department of Probation, Parole and Pardon Services

2 Community Control Centers 2,400,000
Total, Department of Probation,

Parole and Pardon Services 2,400,000"

SECTION 3. Subitem 22 (Department of Juvenile Justice), item (f), Section 3 of Act 1377 of 1968, as amended by Part II, Section 77, of Act 164 of 1993, is amended to read:

"22. Department of Juvenile Justice

(i) Fire and Life Safety Renovations 3,300,000

(j) Regional Reception and Evaluation Centers 6,660,961

The disbursement of funds and the location for the regional reception and evaluation centers authorized in this subitem must be consistent with the terms of the settlement agreement in the case of ALEXANDERS S. VS. McLAWHORN."

SECTION 4. Subitem 16, (Archives and History), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:

"16. Department of Archives and History

Wardlaw School Acquisition

New Facility 2,500,000 1,100,000

Total, Department of Archives and History 2,500,000 1,100,000

Of the funds authorized above for the new facility, the Department of Archives and History may only proceed with the expenditure of funds for architectural and engineering related work (A&E) for the proposed facility. The expenditure of funds for these purposes cannot exceed $1,100,000. All other project phases and related costs, including construction, may not proceed until all remaining project funds are authorized and can be made available."

SECTION 5. Section 3 of Act 1377 of 1968, as last amended by Section 77, Part II, Act 164 of 1993, is further amended by adding:

"1. Department of Education

Purchase of new school buses 104,450,000

Total, Department of Education 104,450,000

2. School for the Deaf and Blind

Student Transportation Vehicles 500,000

Total, School for the Deaf and Blind 500,000

3. Wil Lou Gray Opportunity School

Student Transportation Vehicles 50,000

Total, Wil Lou Gray Opportunity School 50,000

Total, All Agencies $105,000,000"

SECTION 6. Section 4 of Act 1377 of 1968, as last amended by Act 523 of 1992, is further amended to read:

"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,790,539,125.10 1,895,539,125.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."

SECTION 7. This act takes effect upon approval by the Governor./

Amend title to read:
A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE FOR THE DEPARTMENT OF CORRECTIONS; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE; TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF ARCHIVES AND HISTORY, PROVIDE THAT THE DEPARTMENT MAY ONLY PROCEED WITH THE EXPENDITURE OF FUNDS FOR ARCHITECTURAL AND ENGINEERING RELATED WORK FOR THE PROPOSED FACILITY; TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE DEPARTMENT OF EDUCATION, SCHOOL FOR THE DEAF AND BLIND, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL; AND AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT.

/s/John Drummond /s/William D. Boan
/s/J. Verne Smith /s/Harry M. Hallman, Jr.
/s/Phil P. Leventis /s/Gilda Cobb-Hunter

On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

At 4:30 P.M., Senator MOORE assumed the Chair.

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

H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.

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

There was no objection.

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

Senator MARTIN proposed the following amendment (5053.001), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 3, lines 25 through 38, by striking lines 25 through 38, and inserting therein the following:

/SECTION . Section 42-5-20 of the 1976 Code is amended to read:

"Section 42-5-20. Every employer who accepts the provisions of this Title title relative to the payment of compensation shall insure and keep insured his liability thereunder in any authorized corporation, association, organization, or mutual insurance association formed by a group of employers so authorized or shall furnish to the Commission commission satisfactory proof of his financial ability to pay directly the compensation in the amount and manner and when due as provided for in this Title title. The Commission commission may, under such rules and regulations as it may prescribe, permit two or more employers in businesses of a similar nature to enter into agreements to pool their liabilities under the Workers' Compensation Law for the purpose of qualifying as self-insurers. In the case of self-insurers the Commission commission shall require the deposit of an acceptable security, indemnity, or bond to secure the payment of the compensation liabilities as they are incurred. The Industrial Commission shall have exclusive jurisdiction of group self-insurers under this section, and such group self-insurers shall not be deemed to be insurance companies and shall not be regulated by the Department of Insurance. Provided, further, that if any provision is made for the recognition of reinsurance of the self-insured fund, such provision shall expressly provide that the reinsurance agreement or treaty must recognize the right of the claimant to recover directly from the reinsurer and that such agreement shall provide for privity between the reinsurer and the workers' compensation claimant.

In lieu of submitting audited financial statements when an employer makes an application to self-insure with the commission, the commission shall accept the sworn statement or affidavit of an independent auditor verifying the financial condition of the employer according to the required financial ratios and guidelines established by regulation of the commission. The independent auditor must be a certified public accountant using generally acceptable accounting principles in the preparation of the financial statements of the employer./

Amend sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

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

At 4:35 P.M., Senator MARTIN assumed the Chair.

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

H. 4475 -- Reps. Snow and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-135 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY IN WRITING EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE HOUSE OR SENATORIAL DISTRICT A HIGHWAY PROJECT IS OR IS TO BE LOCATED WHEN A PUBLIC HEARING OR PUBLIC MEETING CONCERNING THE PROJECT IS TO BE CONDUCTED AT LEAST TEN DAYS PRIOR TO THE HEARING OR MEETING.

(By prior motion of Senator LAND, with unanimous consent)

H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.

H. 4818 -- Rep. Hodges: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-11-310, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-65, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CORRECT CERTAIN REFERENCES TO THE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-21-2423, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 19, PART II, ACT 164 OF 1993, RELATING TO REFERENDUMS FOR THE CONTINUATION OF PAYOUTS FOR VIDEO POKER MACHINES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTIONS 12-54-1010 AND 12-54-1020, RELATING TO THE REVOCATION OF PROFESSIONAL AND BUSINESS LICENSES BY THE SOUTH CAROLINA TAX COMMISSION FOR FAILURE TO MAKE TAX RETURNS AND PAY TAXES, SO AS TO CONFORM REFERENCES TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 13-17-40, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-285, AS AMENDED, RELATING TO SUMMONSES, ORDERS OF PUBLICATION, AND SERVICE OF PAPERS GENERALLY AND SERVICE ON AN UNAUTHORIZED INSURER, SO AS TO DELETE REFERENCES TO CHIEF INSURANCE COMMISSIONER AND HIS SUCCESSORS IN OFFICE AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO CHANGE THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-690, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5910, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-420, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO REVISE THE JOB TITLE OF A MEMBER OF THE COUNCIL FROM THE DEPARTMENT OF NATURAL RESOURCES AND TO FURTHER PROVIDE FOR THE TERMS OF OFFICE OF CERTAIN MEMBERS OF THE COUNCIL; SECTION 23-6-490, RELATING TO PATROLLING OF A MUNICIPAL AREA WHILE ITS SOLE LAW ENFORCEMENT OFFICER IS ATTENDING REQUIRED TRAINING, SO AS TO DELETE A REFERENCE IN THE SECTION TO A PROVISION OF LAW WHICH HAS BEEN REPEALED; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO REPEAL SECTION 356, ACT 181 OF 1993 WHICH AMENDS A CERTAIN PORTION OF SECTION 23-23-30(A)(4) AS THIS SECTION WAS REPEALED ELSEWHERE IN THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO CHANGE THE REFERENCE OF "PRISON OVERCROWDING POWERS ACT" TO OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 37-4-107, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE AND THE MAXIMUM CHARGE BY A CREDITOR FOR INSURANCE, SO AS TO DELETE A REFERENCE TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-108, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND A REQUIRED REFUND OR CREDIT, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-111, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND COOPERATION BETWEEN THE ADMINISTRATOR OF THESE PROVISIONS OF LAW AND THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-112, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND ADMINISTRATIVE ACTION OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO CHANGE REFERENCES TO INSURANCE COMMISSION TO DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-203, AS AMENDED, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, CONSUMER CREDIT INSURANCE, AND THE FILING AND APPROVAL OF RATES AND FORMS, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DEPARTMENT OF INSURANCE AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 38-3-110, AS AMENDED, RELATING TO THE DUTIES OF THE FORMER CHIEF INSURANCE COMMISSIONER (NOW KNOWN AS THE DIRECTOR OF THE DEPARTMENT OF INSURANCE), SO AS TO MAKE A TECHNICAL CORRECTION TO THE LANGUAGE USED IN THE CODE SECTION; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE DIRECTOR (MEANING DIRECTOR OF THE DEPARTMENT OF INSURANCE); SECTION 38-87-40, AS AMENDED, RELATING TO INSURANCE, OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, AND REQUIREMENTS FOR DOING BUSINESS IN THE STATE, SO AS TO CHANGE CERTAIN REFERENCES AS A RESULT OF GOVERNMENT RESTRUCTURING; CHAPTER 23 OF TITLE 39, AS AMENDED, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO FURTHER PROVIDE FOR CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, 41-13-25, 41-15-320, 41-16-100, 41-16-110, 41-16-180, 41-18-40, 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, 41-18-120, 41-21-20, AS AMENDED, AND SECTIONS 41-13-20, 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210 THROUGH 41-15-290, 41-15-300, 41-15-310, 41-15-520, 41-16-20, 41-16-40 THROUGH 41-16-90, 41-16-120 THROUGH 41-16-160, 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, 41-18-50, 41-18-130, 41-18-150, 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-100, AND 41-21-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-130, RELATING TO THE PROCEDURE TO BE FOLLOWED UPON THE WITHDRAWAL OF A WORKERS' COMPENSATION CARRIER FROM THE STATE, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-230, RELATING TO WORKERS' COMPENSATION AND THE MANNER IN WHICH NOTICE TO THE INSURANCE CARRIER MUST BE GIVEN, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND REPLACE IT WITH A REFERENCE TO DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND 43-7-440, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 48-9-1820, AS AMENDED, RELATING TO BOARDS OF ADJUSTMENT FOR SOIL AND WATER CONSERVATION DISTRICTS, SECTION 48-9-1840, AS AMENDED, RELATING TO PETITIONS FILED WITH THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 56-1-221, RELATING TO A MEDICAL ADVISORY BOARD TO THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO CONFORM REFERENCES TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTIONS 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 57-1-140, AS AMENDED, RELATING TO EXPANDING HIGHWAYS AND ROADS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-5-1335 AND 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-23-20, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO CONFORM A REFERENCE TO THE ECONOMIC DEVELOPMENT COORDINATING COUNCIL TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-3-425, RELATING TO THE PROHIBITION ON USING, RENEWING, OR TRANSFERRING BEER, WINE, AND ALCOHOLIC BEVERAGE LICENSES AND PERMITS WITHOUT A SIGNED STATEMENT FROM THE SOUTH CAROLINA TAX COMMISSION AND THE INTERNAL REVENUE SERVICE THAT THE APPLICANT DOES NOT OWE DELINQUENT TAXES, SO AS TO CONFORM THE REFERENCE TO TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEES IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; AND ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the Amendment No. 3 (JUD4818.022) proposed by Senator J. VERNE SMITH and previously printed in the Journal of Friday, May 27, 1994. The amendment was adopted.

Senator J. VERNE SMITH explained the amendment.

Senator STILWELL proposed the following Amendment No. 6 (JUD4818.025), which was adopted:

Amend the bill, as and if amended, page 248, line 18, by striking SECTION 322 in its entirety and inserting therein the following:

/SECTION 322. Section 61-3-425 of the 1976 Code, as added by Act 164 of 1993, is amended to read:

"Section 61-3-425. No license under this title may be issued, renewed, or transferred under this title unless the applicant for a license or a renewal or a transfer of a license presents to the commission a signed statement from the South Carolina Tax Commission department and from the Internal Revenue Service showing determine that the applicant does not owe the state or federal government delinquent taxes, penalties, or interest. If the department or the Internal Revenue Service determine that delinquent taxes, penalties, or interest are due, the department shall notify the applicant of the necessary requirements to comply with this section." Amend 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. 8 (JIC\6134HTC.94), which was adopted:

Amend the bill, as and if amended, in Section 12-4-30(C), as contained in SECTION 32, page 34, line 37, by inserting before the period / and must be an attorney experienced in tax matters or a certified public accountant /

Amend title to conform.

Senator STILWELL explained the amendment.

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 9 (DKA\3444BDW.94), which was adopted:

Amend the bill, as and if amended, by deleting Section 51-1-910, page 222, beginning on line 13.

Amend further, page 222, line 25, by striking /920/ and inserting /910/.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 10 (DKA\3445BDW.94), which was adopted:

Amend the bill, as and if amended, Section 13-1-1710, page 59, by striking lines 29-32 and inserting: /Carolina Jobs Economic Development Authority, and the Chairman of the South Carolina Department of Revenue and Taxation, and the Chairman of the Small and Minority Business Expansion Council. The Director of the Department/

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 11 (JUD4818.028), which was adopted:

Amend the bill, as and if amended, page 23, beginning on line 33, by striking SECTION 14 in its entirety.

Amend the bill further, as and if amended, page 27, beginning on line 29, by striking SECTION 18 in its entirety.

Amend the bill further, as and if amended, page 58, beginning on line 9, by striking SECTIONS 64 and 65 in their entirety.

Amend the bill further, as and if amended, page 211, beginning on line 34, by striking SECTION 280 in its entirety.

Amend the bill further, as and if amended, page 262, line 23, in SECTION 337, by striking item (C) in its entirety and renumbering item (D) as item (C).

Amend the bill further, as and if amended, page 263, beginning on line 3, in SECTION 338, by striking lines 3 through 16 in their entirety and inserting therein the following:

/(2) Sections 1-3-240(C)(2), 12-4-30(C), 12-4-40, 12-4-50, 12-4-60, 12-4-70, 12-4-760, 12-37-2680, and 12-43-300 take effect February 1, 1995.

(3) Sections 38-3-110, 38-27-520, 38-43-106(C), 38-73-1380, 38-77-580, 38-79-270, 38-81-270, 42-5-60, 43-7-410(B) and (C), 43-7-420, 43-7-430, 43-7-440, 43-35-310(A)(2)(j), 44-6-5(4), 44-6-140(A)(2), 44-6-146(A), 44-6-170(A)(14), 44-6-520, 44-6-540, 44-6-720(B)(4)(b)(iv) and (5), 44-6-730, 44-7-90, and 44-38-380(A)(1)(i) take effect July 1, 1995.

(4) Section 12-4-75, SECTIONS 333, 334, and 335 take effect July 1, 1996./

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 12 (JIC\6127HTC.94), which was tabled:

Amend the bill, as and if amended, in Section 12-21-2772(5), page 39, line 20 by striking / or credits that can be redeemed for cash /

Amend further, page 41, by striking Section 12-21-2791 on lines 20 through 26 and inserting:

/Section 12-21-2791. Reserved Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents./

Amend further, page 46, by inserting immediately after line 19:

/SECTION 43A. Section 16-19-60 of the 1976 Code is amended to read:

"Section 16-19-60. Nothing in Section 16-19-40 or 16-19-50 shall extend to coin-operated nonpayout machines with a free play feature; provided, that nothing herein shall authorize the licensing, possession, or operation of any machine which disburses money or property to the player. For purposes of this section, `property' includes credit for free games that can be redeemed for cash."/

Amend title to conform.

Senator MACAULAY argued in favor of the adoption of the amendment and Senators PASSAILAIGUE, STILWELL and WILLIAMS argued contra.

Senator WILLIAMS moved to lay the amendment on the table.

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

Cork Courtney Elliott
Ford Holland Jackson
Land Lander Leventis
Matthews McConnell Mescher
Passailaigue Patterson Peeler
Rankin Richter Saleeby
Short Smith, G. Stilwell
Washington Williams

Bryan Courson Giese
Gregory Hayes Leatherman
Macaulay Martin McGill
Moore O'Dell Reese
Ryberg Smith, J.V. Thomas
Waldrep Wilson

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 13 (JIC\6130HTC.94), which was tabled:

Amend the bill, as and if amended, page 46, by inserting immediately after line 19:

/SECTION 43A. Section 16-19-60 of the 1976 Code is amended to read:

"Section 16-19-60. Nothing in Section 16-19-40 or 16-19-50 shall extend to coin-operated nonpayout machines with a free play feature; provided, that nothing herein shall authorize the licensing, possession, or operation of any machine which disburses money or property to the player. For purposes of this section, `property' includes credit for free games that can be redeemed for cash."/

Amend title to conform.

Senator MACAULAY explained the amendment.

Senator WILLIAMS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 14 (JIC\6128HTC.94), which was tabled:

Amend the bill, as and if amended, in Section 12-21-2772(5), page 39, line 20 by striking / or credits that can be redeemed for cash /

Amend further, page 41, by striking Section 12-21-2791 on lines 20 through 26 and inserting:

/Section 12-21-2791. Reserved Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents. /

Amend title to conform.

Senator MACAULAY explained the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senators MATTHEWS, PATTERSON and WASHINGTON proposed the following Amendment No. 16 (BBM\9303BDW.94), which was adopted:

Amend the bill, as and if amended, Section 13-1-1710, page 59, by striking lines 31-32 and inserting:

/Chairman Dean of the Small and Minority Business Expansion Council School of Business at South Carolina State University. The Director of the Department/

Amend title to conform.

Senator MATTHEWS explained the amendment.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Senator HOLLAND proposed the following Amendment No. 5 (JUD4818.021), which was adopted:

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

/SECTION . Section 56-5-1520(f) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(f) Five dollars of the fines listed in subsection (d)(3) and (4) must be credited to the state general fund deposited into the `Law Enforcement Enhancement Account' in the office of the State Treasurer. In expending the funds credited to the state general fund deposited in the account under subsection (d), the department first shall Director of the Department of Public Safety must consider the need for (1) additional highway patrolmen troopers and officers, (2) pay shift differential for troopers and officers, and (3) continuing education and training for troopers and officers."/

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

Senators COURSON, JACKSON, McCONNELL, LAND, PATTERSON, FORD, GLOVER, MATTHEWS, WASHINGTON, MACAULAY and STILWELL proposed the following Amendment No. 17 (4818R007.JEC), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS at the end to read:

/SECTION . To honor and recognize the history and heritage of this State and the many contributions of its diverse citizenry, it is necessary and appropriate to codify the placement of certain symbols on the Capitol Complex and within the State House which salute the contributions and sacrifices to our constitutional history. Effective July 21, 1994, and continuously thereafter, the Confederate Flag atop the State House must be relocated as provided in this section.

The South Carolina infantry battle flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army)] shall be displayed at the Confederate Soldier's Monument on the State House grounds. This flag is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field; with the whole banner bordered in white. The total outside measurement of the flag is to be fifty-two inches square, inclusive of the white border. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size. This flag may be larger than described above as may be aesthetically necessary.

The First National Flag of the Confederacy (Stars and Bars) shall be displayed at the Women's Monument to the Confederacy on the State House grounds and shall measure approximately three feet by five feet or larger as aesthetically required.

The Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear. The respective flags may only be removed during times of renovation and/or repair of the State House and the flags shall be returned upon completion of any such work.

SECTION . A Civil Rights Monument Commission is hereby created to design and establish an appropriate monument and flags to be placed on the grounds of the Capitol Complex to honor and recognize the efforts made to afford and guarantee equal rights and opportunities for all South Carolinians irrespective of race or ethnic origin. The commission is empowered and directed to raise private funds, to receive gifts and grants to carry out the purpose for which it is created, and to designate the location of the monument. The commission shall designate the location of the monument by the placement of an appropriate flag. By April 15, 1995, the commission shall report the proposed design and location of the monument to the General Assembly for approval. Upon the dedication of this monument, the commission shall dissolve. Upon dissolution, the State shall ensure proper maintenance of the monument as is done for other historical monuments on the grounds of the Capitol Complex.

Three members must be appointed by the President Pro Tempore of the Senate and three members must be appointed by the Speaker of the House of Representatives. Notwithstanding Section 8-13-770, members of the General Assembly may be appointed to this commission. The President Pro Tempore and the Speaker of the House of Representatives shall appoint a seventh member as chairman who shall vote only in cases of a tie.

Members of the commission may receive per diem and subsistence from the respective approved accounts of each body while attending meetings of the commission. All other expenses relating to the establishment and placement of the monument shall be paid for from funds derived as provided in the first paragraph of this section.

SECTION . No monument, marker, or memorial located on public property of the State or its political subdivisions or any street, highway, or park honoring the memory of the Confederacy or individuals who served in the Confederate Army, Navy, and Marine Corps or the Women of the Confederacy or the memory of the civil rights struggle or individuals who participated in such struggle may be removed or renamed without two-thirds vote of each branch of the General Assembly.

SECTION . As provided by the rules of the respective bodies, a statement shall be placed in the Journals of the House of Representatives and the Senate explaining the heritage represented by the Battle Flags of the Confederacy as military banners and that they are displayed as such and are not racist emblems per se./

Amend title to conform.

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

The amendment was adopted.

Senators MESCHER, COURTNEY, MARTIN, PEELER, RICHTER, WILSON, RYBERG, SETZLER, WALDREP, O'DELL and RUSSELL desired to be recorded as voting against the adoption of the amendment.

Over 70,000 South Carolinians served the State of South Carolina in the War Between the States, 20,000 of whom made the supreme sacrifice for this State. These South Carolinians took consolation in the belief that here at home in South Carolina they would not be forgotten.

Today, we reaffirm that belief that these South Carolinians and those since then have taken into battle. Our flying of the South Carolina Confederate Infantry flag over the Confederate Soldiers' Monument is an attestation over 130 years later that their belief holds true even today. Today, the memory of the Confederate soldier is left to the states as each was a soldier of the state not of the United States. Thus, we fly the battle flags at the State House to perpetuate their memory.

The Confederate flags are not racist emblems per se. It depends on how they are utilized. The misuse of these emblems for racial purposes is deplored and condemned. These emblems have been misused. These are battle flags which should not be used for political purposes.

The State is displaying the Confederate flags as symbols of our heritage. They are not flown in defiance of any government or as a statement regarding any civil rights, constitutional, or racial issues. These flags represent the valor which was displayed by the men and women of this State in another time. That heritage of honor, courage, and independence is worthy of remembering. The flying of the flags at the State House grounds is a testimonial to the great healing process and coming together of our citizens and an affirmation that as we face the future we have a past worth remembering which enriches us and gives us the strength through understanding to together turn away those who would use our differences to divide us.

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

Senators WILSON, WALDREP, COURTNEY, PEELER, O'DELL, MARTIN, RYBERG, SETZLER, RUSSELL and RICHTER desired to be recorded as voting against the third reading of the Bill.

H. 4475 -- Reps. Snow and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-135 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY IN WRITING EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE HOUSE OR SENATORIAL DISTRICT A HIGHWAY PROJECT IS OR IS TO BE LOCATED WHEN A PUBLIC HEARING OR PUBLIC MEETING CONCERNING THE PROJECT IS TO BE CONDUCTED AT LEAST TEN DAYS PRIOR TO THE HEARING OR MEETING.

Senator LAND asked unanimous consent to make a motion to take the Bill up for immediate consideration.

There was no objection.

Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill by prior motion on Tuesday, May 31, 1994.

The motion to reconsider was adopted.

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

Senator ROSE proposed the following Amendment No. 1 (4475R003.MTR), which was adopted:

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

/SECTION . The 1976 Code is amended by adding:

"Section 38-77-370. No automobile insurer doing business in this State may use the fact that its insured, who was a South Carolina resident at the time the ticket was issued, paid an out-of-state motor vehicle speeding ticket, wherein no trial or other adjudicatory proceeding attended by the insured was held, as evidence of the fault of its insured, as a basis for imposing a surcharge on the insured's policy premium."/

Amend 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. 2 (BBM\9317JM.94), which was adopted:

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

/SECTION . Section 38-77-30(7) of the 1976 Code is amended to read:

"(7) `Motor vehicle' means every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with these vehicles, and also including farm tractors or other self-propelled farm implements used upon a highway, but excepting traction engines, road rollers, farm trailers, tractor cranes, power shovels, and well-drillers, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails. For purposes of this chapter, the term automobile has the same meaning as motor vehicle. Nothing in this item may be construed to require the purchase of liability insurance or registration of farm vehicles."/

Renumber sections to conform.

Amend title to conform.

Senators LAND and WILLIAMS explained the amendment.

The amendment was adopted.

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

H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.

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

There was no objection.

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

Senator THOMAS proposed the following amendment (BBM\9328JM.94), which was adopted:

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

/SECTION 1. Chapter 25, Title 5 of the 1976 Code is amended by adding:

Section 5-25-1310. (A) One-family and two-family dwellings, including manufactured housing, must be equipped with approved and properly functioning smoke detectors installed in accordance with National Fire Protection Association (NFPA) Standard 72E, 1990 Edition, and with NFPA Standard 74, 1989 Edition, provided, however, that the various requirements of this article apply only to dwellings and housing which are rental dwellings and housing.

(B) A newly constructed dwelling or a dwelling remodeled in excess of fifty percent of its assessed value after December 31, 1994, must be equipped with electrically powered smoke detectors. Electrical power to the smoke detectors must be a dependable, commercial electrical source. Detectors must be installed according to manufacturer's instructions.

Section 5-25-1320. A battery-operated detector meeting the requirements of NFPA 74, 1989 Edition, is permitted in an existing dwelling that has not undergone remodeling exceeding fifty percent of its assessed value. Detectors must be installed according to manufacturer's instructions.

Section 5-25-1330. (A) The owner of a dwelling is responsible for supplying and installing the smoke detectors in rental dwellings and housing and shall provide the tenant at the time the tenant takes possession of the dwelling written or verbal instructions, or both, for testing the detectors and replacing batteries in battery-powered detectors.

(B) The tenant of a rental dwelling shall notify the owner in writing of any deficiencies in the performance of the smoke detectors. The owner must be considered notified upon delivery of the written notice at the place of business of the owner through which the rental agreement was made or at any place held out by him as the place of receipt for the payment of rent or other communications.

(C) Upon written notification by the tenant that a smoke detector is deficient, the owner shall repair or replace the detector within fifteen days. No obligation is created hereby for the owner to replace or repair a detector that he determines upon visual inspection or testing has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized to reside in the residence by the tenant and notifies the tenant in writing of these findings. The owner may repair or replace a detector that he determines has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized by the tenant to reside in the residence and may assess against the tenant the actual cost of the repair or replacement of the detector.

(D) No obligation is created hereby for the owner to provide batteries for battery-powered detectors allowed under Section 5-25-1320.

Section 5-25-1340. No person may convey a title to real estate which includes a dwelling to which the article applies pursuant to Section 5-25-1310(A) or transfer possession of a building to which this article applies pursuant to Section 5-25-1310(A) unless smoke detectors have been installed and are functioning in accordance with this article. The purchaser may inspect the detectors at any reasonable time prior to closing to verify that they have been properly installed and are functioning in accordance with this article. The seller shall provide to the purchaser at closing an affidavit stating that the smoke detectors have been installed and are functioning in accordance with this article. Compliance with this section relieves the seller of any further liability after closing with respect to the performance of the smoke detectors. Violation of the provisions of this section does not affect the validity of the conveyance.

Section 5-25-1360. Upon entry into a dwelling on official business by invitation of the owner or occupant or in response to an emergency, the State Fire Marshal or a local fire official, or both, shall enforce this article.

Section 5-25-1370. A person who violates this article on first offense has fifteen days to install a smoke detector or to repair or replace the detector. On second offense, a person who violates this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

Section 5-25-1380. Failure to comply with the provisions of this article does not create a cause of action for a per se statutory violation for liability, or for negligence-based liability, for death, injury, or damages. Nor shall failure to comply with the provisions of this article be used by any insurance company to deny coverage, void a policy, or deny a claim."

SECTION 2. This act takes effect July 1, 1995./

Renumber sections to conform.

Amend totals and title to conform.

Senator THOMAS 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.

H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY THE UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS; TO AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES; TO AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE DEPARTMENT OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR COLLECTING CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION BENEFIT INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

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

Senators MOORE and WASHINGTON proposed the following amendment (CYY\16317AC.94), which was adopted:

Amend the bill, as and if amended, by deleting Sections 1, 4, 5, 7, 9, 11, 12, and 13.

Amend further by deleting Section 10 and inserting:

/SECTION 10. The 1976 Code is amended by adding:

"Section 44-63-75. Social Security numbers must be included in the forms prescribed by the state registrar for birth certificates."/

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 with amendments.

H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.

Senator MARTIN asked unanimous consent to make a motion to take the Bill up for immediate consideration.

There was no objection.

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

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

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

H. 4975 -- Rep. Rogers: A BILL TO AMEND SECTION 37-2-207, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT WITH CERTAIN EXCEPTIONS FORTY PERCENT OF THE SCHEDULED MINIMUM PAYMENT FOR REVOLVING CHARGE ACCOUNTS ON CONSUMER CREDIT SALES MUST BE APPLIED TO PRINCIPAL REDUCTION, SO AS TO SPECIFY CERTAIN SITUATIONS WHICH ARE NOT CONSIDERED VIOLATIONS OF THIS REQUIREMENT.

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

There was no objection.

H. 4004 -- Reps. Rogers, Kirsh, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: A BILL TO AMEND SECTION 56-5-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECKLESS HOMICIDE, SO AS TO INCREASE THE TERM OF IMPRISONMENT.

Senator GLOVER asked unanimous consent to make a motion to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator GLOVER, with unanimous consent, the Minority Report was withdrawn.

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

The Judiciary Committee proposed the following amendment (JUD4004.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 27, in Section 56-5-2910, as contained in SECTION 1, by striking lines 27 through 29 in their entirety and inserting therein the following:

/convicted of, reckless homicide or any person who enters a plea of guilty pleads guilty to, or pleads nolo contendere to of reckless homicide and receives sentence thereupon is guilty of a felony and /.

Amend title to conform.

Senator COURTNEY explained the amendment.

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

H. 5114 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

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

Senators WILSON, RYBERG and LANDER proposed the following amendment (WWW\30258DW.94), which was adopted:

Amend the bill, as and if amended, page 5, by striking item (9), lines 3 through 6, and item (13), lines 28 through 33, page 6, by striking item (18), lines 19 through 21.

Amend further by adding an appropriately number SECTION to read:

/SECTION . Five years from the effective date of this act, Act 387 of 1963, as amended, and all acts affecting the Irmo Fire District are repealed./

Renumber sections and items to conform.

Amend title to conform.

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

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

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

Senator THOMAS proposed the following amendment (4941R001.DLT), which was adopted:

Amend the bill, as and if amended, beginning on page 2, line 37, by striking subsection (D) in its entirety.

Amend the bill further, as and if amended, page 3, line 6, by striking SECTION 3 in its entirety.

Amend title to conform.

Senator THOMAS explained the amendment.

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

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

H. 5210 -- Reps. Lanford, Walker, Littlejohn, Davenport, Vaughn, D. Wilder and Beatty: 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.

Senator REESE desired to be recorded as voting against the second reading of the Bill.

On motion of Senator COURTNEY, H. 5210 was ordered to receive a third reading on Thursday, June 2, 1994.

H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford, McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: A BILL TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A VIOLATION, TO PROHIBIT PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO PROHIBIT SUSPENSION OF THE SENTENCE.

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

There was no objection.

On motion of Senator COURTNEY, H. 3154 was ordered to receive a third reading on Thursday, June 2, 1994.

H. 3957 -- Rep. Haskins: A BILL TO AMEND SECTION 6-11-1610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A SPECIAL PURPOSE DISTRICT, SO AS TO ADD TO THE DEFINITION A TAX DISTRICT CREATED PURSUANT TO CHAPTERS 9 AND 19 OF TITLE 4.

On motion of Senator COURTNEY, H. 3957 was ordered to receive a third reading on Thursday, June 2, 1994.

H. 5193 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO PROVIDERS OF CONTINUING EDUCATION COURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1759, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3957 -- Rep. Haskins: A BILL TO AMEND SECTION 6-11-1610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A SPECIAL PURPOSE DISTRICT, SO AS TO ADD TO THE DEFINITION A TAX DISTRICT CREATED PURSUANT TO CHAPTERS 9 AND 19 OF TITLE 4.

Having voted on the prevailing side, Senator RANKIN asked unanimous consent to make a motion to reconsider the vote whereby the Senate ordered the Bill to receive third reading by unanimous consent on Thursday, June 2, 1994.

There was no objection.

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

Senator RANKIN asked unanimous consent to be granted leave to add notice of general amendments to the Bill.

The Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS INCLUDING PROVISIONS FOR FEES, AND PENALTIES.

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

The Judiciary Committee proposed the following amendment (JUD3180.005), which was adopted:

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

/SECTION 1. Chapter 9, Title 61 of the 1976 Code is amended by adding:

Section 61-9-1310. For purposes of this article:

(1) `Brewpub' means a tavern, public house, restaurant, or hotel which produces on the permitted premises a maximum of two thousand barrels a year of beer for sale on the premises.

(2) `Permitted Premises' means those areas normally used by the permittee or licensee to conduct his business and shall include, but are not limited to, the selling areas, brewing areas, storage areas, food preparation areas, and parking areas.

(2) `Person' means an individual, a partnership, a corporation, or other form of business organization.

Section 61-9-1320. The department may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and the payment of a biennial brewpub permit fee of two thousand dollars.

Section 61-9-1330. The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquor for consumption on the premises in sealed containers of two ounces or less requires an appropriate license which may be granted to the holder of a brewpub permit who meets all other qualifications for the license under this title.

Section 61-9-1340. Beer brewed on a permitted premise under this article is subject to be taxed as provided in Article 7 of Chapter 21 of Title 12. The permittee must maintain adequate records as determined by the department to ensure the collection of this tax by the department.

Section 61-9-1350. A brewpub permit authorizes the holder to:

(A) produce on the permitted premises a maximum of two thousand barrels a year of beer for sale:

(1) on draught for consumption on the premises;

(2) in a sanitary container brought to the premises by the purchaser and filled at the tap by the permittee at the time of sale; and

(3) in bottles for consumption by the purchaser off the premises.

(B) sell the beer of a producer which has been purchased from a wholesaler through the normal three-tier distribution chain set forth in Section 61-9-315.

(C) serve food or otherwise be qualified as a public eating establishment. This provision may not be construed to exempt a permittee or licensee from the requirement that food must be served in order for a license for the consumption of alcoholic liquor on the premises to be granted.

Section 61-9-1360. No person holding a brewpub permit issued by the department may sell beer, ale, porter, or other similar malt or fermented beverages on draft, on tap, from kegs, or from other containers unless approved by the rules and regulations of the Department of Health and Environmental control governing eating and drinking establishments and other retail food establishments.

Section 61-9-1370. No brewpub permittee may sell or ship the beer produced on the permitted premises for sale in another location.

Section 61-9-1380. The department and the division shall promulgate regulations necessary for the appropriate enforcement of this article.

Section 61-9-1390. The department may suspend or revoke the permit or license of a person who violates the provisions of this article."

SECTION 2. This act takes effect July 1, 1994./.

Amend title to conform.

Senator COURTNEY explained the amendment.

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

H. 5221 -- Rep. Wells: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE COMMITTEE AND CONFERENCE ROOMS OF THE GRESSETTE AND BLATT BUILDINGS ON OCTOBER 19 - 22, 1994, FOR ITS ANNUAL MEETING.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

The Invitations Committee proposed the following amendment (5221R001.JEC), which was adopted:

Amend the bill, as and if amended, by striking lines 19 through 30 and inserting the following:

/That the South Carolina State Student Legislature is authorized to use the committee and conference rooms of the Blatt Building on October 19-22, 1994, and the committee and conference rooms of the Gressette Building on October 19-21, 1994, in accordance with the guidelines established by the respective bodies, for its annual meeting. If the Senate is in statewide session on any of these days, the Gressette Building may not be used on these days. If the House is in statewide session on any of these days, the Blatt Building may not be used on these days.

Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for use of these facilities and such use must be in accordance with the policy of each respective body./

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

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.

Senator SETZLER explained the Resolution.

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

H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.

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

At 5:55 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed fifteen minutes.

At 6:15 P.M., the Senate resumed.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to revert to the Morning Hour.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Boan, Hallman and Cobb-Hunter of the Committee of Free Conference on the part of the House on:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Boan, Hallman and Cobb-Hunter of the Committee of Free Conference on the part of the House on:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
Speaker of the House

Received as information.

S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.

On motion of Senator COURTNEY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator COURTNEY spoke on the report.

On motion of Senator COURTNEY, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators SALEEBY, GREG SMITH and COURTNEY to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator COURTNEY, the Report of the Committee of Free Conference to S. 861 was adopted as follows:

The CONFERENCE COMMITTEE, to whom was referred:
S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

SECTION 1. Section 38-75-310(5) of the 1976 Code is amended to read:

"(5) `Coastal area' means:

(a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;

(b) the following areas in Georgetown County: Cedar Island, DeBordieu Beach, Litchfield Beach, South Island, Pawley's Island, Retreat Beach, North Island, Magnolia Beach, and Garden City; all areas between the Harrell Siau Bridge and Murrells Inlet which are east of a line paralleling and lying one hundred fifty feet east of U.S. Highway No. 17 Business, all areas in Murrells Inlet which are east of U.S. Highway No. 17 Business, and Cedar Island, North Island, and South Island;

(c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U. S. Highway No. 17 (Kings Highway) Business;

(d) the following areas in Charleston County: Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the city of Charleston which are east of the west bank of the intracoastal waterway."

SECTION 2. Section 38-75-310(1) of the 1976 Code, as last amended by Act 469 of 1990, is further amended to read:

"(1) `Essential property insurance' means insurance against direct loss to property as defined and limited in the wind and hail insurance policy and forms approved by the commissioner; and after January 1, 1995, at the request of the insured, coverage for:

(a) actual loss of business income; or

(b) additional living expense; or

(c) fair rental value loss.
Prior to November 1, 1994, the South Carolina Wind and Hail Underwriting Association must file with the Commissioner for approval additional policy forms defining the terms of and providing coverage for actual loss of business income, additional living expense and fair rental value loss."

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

Renumber Sections to conform.
Amend title to conform.

/s/Senator Edward E. Saleeby, Chairman /s/Rep. Scott Richardson
/s/Senator Ty Courtney /s/Rep. Paula Thomas
/s/Senator Greg Smith /s/Rep. Thomas Keegan

On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

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 DRUMMOND was granted leave to make a Report on the status of the Committees of Conference on H. 4820 (The General Appropriation Bill), H. 4821 (The Capital Reserve Fund Bill), and H. 4822 (The Supplemental Appropriation Bill).

Senator DRUMMOND explained the reports.

Senator STILWELL moved that it be the Sense of the Senate that Item No. 52:

Welfare Reform Pilot Project $2,000,000
and its attendant proviso be deleted from the Conference Report on H. 4822 (The Supplemental Appropriation Bill).

The motion was adopted.

Senator McCONNELL moved that it be the Sense of the Senate that the Conference Report on H. 4822 (The Supplemental Appropriation Bill) contain a new Item No. 61:

University of Charleston Entreprenurial Center $300,000

Senator PASSAILAIGUE spoke on the motion.

By a division vote of 24 to 5, the motion was adopted.

Senator PEELER moved that it be the Sense of the Senate that the Conference Report on H. 4822 (The Supplemental Appropriation Bill) contain a new Item No. 62:

Adjutant General-Maintenance $200,000

The motion was adopted.

Senator MACAULAY moved that it be the Sense of the Senate that the Conference Report on H. 4822 (The Supplemental Appropriation Bill) contain a new Item No. 63:

Strom Thurmond Institute $ 40,000
and a new Item No. 64:

Tugaloo Project $150,000

The motion failed.

Senator MACAULAY moved that it be the Sense of the Senate that Item D of Section 117, as proposed in the Conference Report on H. 4820 (The General Appropriation Bill), be deleted.

The motion was adopted.

Senator MACAULAY moved that it be the Sense of the Senate that Section 117, as proposed in the Conference Report on H. 4820 (The General Appropriation Bill), be deleted in its entirety.

By a division vote of 11 to 14, the motion failed.

Senator PASSAILAIGUE moved that it be the Sense of the Senate that the Conference Report on H. 4820 (The General Appropriation Bill) contain the provision identified as Part II, Section 136 of H. 4820 (The General Appropriation Bill) as passed by the Senate.

The motion was adopted.

Senator MACAULAY moved that it be the Sense of the Senate that the Conference Report on H. 4820 (The General Appropriation Bill) contain the following language by adding the text of Proviso 17R.9 as an addition to Part II, Section 61, as passed by the Senate:

/Pursuant to a request in writing filed with the system which may be made only in the current fiscal year, the surviving spouse of a deceased member of the South Carolina Retirement System who:

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

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

(3) selected to receive maximum benefits; and

(4) died less than six months after the effective date of retirement
may revoke the payment selection made by the deceased spouse and, upon repayment to the system of all contributions made by the deceased member plus interest, elect a method of payment under Option 2. /

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

Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Hayes Jackson Land
Lander Leventis Macaulay
Martin Matthews McConnell
Mescher Mitchell Moore
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Setzler Short Smith, J.V.
Waldrep Washington Williams
Wilson

Thomas

The motion was adopted.

Senator LEVENTIS moved that it be the Sense of the Senate that Section 116 as passed by the Senate be deleted from the Conference Report on H. 4820 (The General Appropriation Bill).

The motion was adopted.

Senator SETZLER moved that with the exception of Part II, Section 123 of H. 4820 (The General Appropriation Bill), as passed by the Senate, Free Conference Powers be granted on H. 4820 (The General Appropriation Bill), H. 4821 (The Capital Reserve Fund Bill), and H. 4822 (The Supplemental Appropriation Bill).

Free Conference Powers were granted.

Senator BRYAN desired to be recorded as voted against Free Conference Powers on H. 4820 (The General Appropriation Bill), H. 4821 (The Capital Reserve Fund Bill), and H. 4822 (The Supplemental Appropriation Bill).

WHEREUPON, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and LEVENTIS to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

I wish the Journal to reflect that I did not participate in the consideration of nor vote on any portion of H. 4820 (The General Appropriation Bill), H. 4821 (The Capital Reserve Fund Bill), H. 4822 (The Supplemental Appropriation Bill), H. 4961 and H. 4911 dealing with the Judicial Department.

Columbia, S.C., June 1, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
asks for a Committee of Conference, and has appointed Reps. Wilkins, Hodges and Martin of the committee on the part of the House.
Very respectfully,
Speaker of the House

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

H. 4841 -- Reps. Neal, McMahand, G. Brown, Scott, Beatty, Cooper, Govan, Waites, P. Harris, Breeland, Harrison, Stille, Shissias, Tucker, Wofford, Hallman, McElveen, Carnell, Sharpe, Davenport, Koon, Kennedy, McTeer, Richardson, Harvin, Chamblee, McLeod and Askins: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

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

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

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

On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator WILLIAMS, with unanimous consent, the following appointments were confirmed:

Initial Appointment, Member, State Human Affairs Commission, with term to commence February 25, 1994, and to expire June 30, 1996:

At-Large:

Jason H. Silverman, Ph.D., 2132 Wentworth Drive, Rock Hill, S.C. 29732 VICE Johnnie Smith (resigned)

Initial Appointment, Member, State Human Affairs Commission, with term to commence June 30, 1994, and to expire June 30, 1997:

5th Congressional District:

Ms. Gloria G. Rosemond, 1809 West Buford Street, Gaffney, S.C. 29341 VICE Susie M. Spradley

Initial Appointment, S.C. Workers' Compensation Commission, with term to commence April 27, 1993, and to expire April 27, 1995:

Chairman:

Mr. Vernon F. Dunbar, 1308 Northwood Street, Columbia, S.C. 29201 VICE Walter R. Hundley

Initial Appointment, Member, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:

2nd Congressional District:

Mr. Ed Duryea, 3 Riverside Lane, Beaufort, S.C. 29902 VICE Sue C. Erwin (resigned)

Initial Appointment, Member, State Ethics Commission, with term to commence July 1, 1994, and to expire June 30, 1995:

At-Large:

Mr. H. Bowen Woodruff, Young, Clement, Rivers & Tisdale, P.O. Box 993, Charleston, S.C. 29402

Initial Appointment, Member, State Ethics Commission, with term to commence September 17, 1993, and to expire June 30, 1995:

At-Large:

Ms. Adriene B. Wright, 18 Kenlauren Avenue, Greenville, S.C. 29607

Initial Appointment, Member, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1995:

4th Congressional District:

Mr. Frederick D. Hobby, Vice President, Greenville Hospital System, 701 Grove Road, Greenville, S.C. 29605

Initial Appointment, Member, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1997:

1st Congressional District:

Ms. Wilma Sykes Brown, 2930 Cheltenham Lane, Charleston, S.C. 29414

Initial Appointment, S.C. Workers' Compensation Commission, with term to commence June 30, 1994, and to expire June 30, 2000:

At-Large:

The Honorable Roland S. Corning, 2103 Bee Ridge Road, Columbia, S.C. 29223 VICE Vernon Dunbar

Reappointment, S.C. Workers' Compensation Commission, with term to commence June 30, 1994, and to expire June 30, 1996:

At-Large:

Mr. Vernon F. Dunbar, 1308 Northwood Street, Columbia, S.C. 29201 VICE Marvin F. Kittrell (resigned)

Initial Appointment, S.C. Workers' Compensation Commission, with term that commenced July 1, 1990, and to expire June 30, 1996 (appointment to commence July 25, 1994):

Ms. Mary Montgomery Elliott, 4811 Devereaux Road, Columbia, S.C. 29205 VICE R. Walter Hundley (resigned)

Initial Appointment, Member, State Human Affairs Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Al Norris, Jr., P.O. Box 726, Anderson, S.C. 29622 VICE Willis Ham (resigned)

Initial Appointment, Member, Commission on Consumer Affairs, with term to commence September 1, 1992, and to expire September 1, 1996:

At-Large:

Mr. William Patrick Flack, 2041 Bolt Drive, Anderson, S.C. 29621 VICE Harry Walker

Having been reported favorably from Executive Session, on motion of Senator MOORE, with unanimous consent, the following appointments were confirmed:

Initial Appointments, Members, S.C. Arts Commission, with terms to commence June 30, 1994, and to expire June 30, 1997:

At-Large:

Ms. Martha A. Vaughn, 1403 East Lee Road, Taylors, S.C. 29687 VICE Jean S. Jones

Mrs. Linda C. Stern, 2134 Bermuda Hills Road, Columbia, S.C. 29223 VICE Betsy S. Terry

Initial Appointment, Member, S.C. Arts Commission, with term to commence August 30, 1993, and to expire June 30, 1995:

At-Large:

Mr. John Whitehead, Columbia Music Festival Association, 1101 Harden Street, Columbia, S.C. 29205 VICE Harold P. Moore (resigned)

Initial Appointment, Member, Commission on Women, with term to commence October 18, 1994, and to expire October 18, 1998:

At-Large:

Ms. Laurene W. Davis, 924 Aaron Drive, Columbia, S.C. 29203 VICE Mildred W. McDuffie

Initial Appointment, Member, Commission on Women, with term to commence October 18, 1993, and to expire October 18, 1997:

At-Large:

Ms. M. Janet K. Allgood, Allgood's, 6914 Liberty Highway, Pendleton, S.C. 29670-9801 VICE Carolyn B. Matalene

Initial Appointment, Member, S.C. Foster Care Review Board, with term to commence June 30, 1992, and to expire June 30, 1996:

3rd Congressional District:

Mrs. Elizabeth B. Weaver, 200 Perry Hill Road, Easley, S.C. 29640 VICE Lucy W. Wilkerson (resigned)

Initial Appointment, State Board of Social Work Examiners, with term to commence November 27, 1990, and to expire November 27, 1994:

Independent:

Ms. Jane A. Anker, 155 Jefferson Place, Columbia, S.C. 29212 VICE Willie Lee Bethune

Reappointment, State Board of Social Work Examiners, with term to commence November 27, 1994, and to expire November 27, 1998:

Independent:

Ms. Jane A. Anker, 155 Jefferson Place, Columbia, S.C. 29212

Initial Appointments, Members, State Athletic Commission, with terms to commence June 30, 1994, and to expire June 30, 1998:

1st Congressional District: (Initial Appointment as 1st Congressional District Member - has previously served as 6th Congressional District member)

Mr. Franklin Martin Stallings, 734 Charlotte Road, Myrtle Beach, S.C. 29577 VICE Michael Calder Bolchoz

3rd Congressional District:

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

Having been reported favorably from Executive Session, on motion of Senator SETZLER, with unanimous consent, the following appointment was confirmed:

Reappointment, Member, John De La Howe School Board of Trustees, with term to commence April 1, 1994, and to expire April 1, 1999:

At-Large:

Mrs. Elizabeth B. Davis, P.O. Box 429, Orangeburg, S.C. 29116-0429

Having been reported favorably from Executive Session, on motion of Senator SALEEBY, with unanimous consent, the following appointment was confirmed:

Reappointment, Member, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:

Savings and Loan:

Mr. L. Wayne Pearson, President, Lowcountry Savings Bank, Inc., P.O. Box 1544, Mt. Pleasant, S.C. 29465

Having been reported favorably from Executive Session, on motion of Senator HOLLAND, with unanimous consent, the following appointments were confirmed:

Initial Appointments, Members, Governing Board of the Department of Natural Resources, with terms to commence upon confirmation, and to expire July 1, 1995:

2nd Congressional District: (Initial Appointment as 2nd Congressional District member)

Mr. J. M. Pendarvis, Route 1, Box 2, Estill, S.C. 29918 VICE Marion Burnside

1st Congressional District:

Mr. George L. Vickery, One LaFayette Boulevard, Georgetown, S.C. 29440 VICE J. M. Pendarvis

Initial Appointment , Member, Governing Board of the Department of Natural Resources, with term to commence July 1, 1994, and to expire July 1, 1996:

4th Congressional District:

Mr. Knox L. Haynsworth, Jr., Haynsworth, Baldwin, Johnson and Greaves, P.A., P.O. Box 10888, Greenville, S.C. 29603 VICE George Graham (resigned)

Reappointment, Member, S.C. State Forestry Commission, with term to commence June 30, 1994 and to expire June 30, 2000:

Public - Senate:

Mr. George E. Callaway, P.O. Box 477, Manning, S.C. 29102

Having been reported favorably from Executive Session, on motion of Senator MACAULAY, with unanimous consent, the following appointments were confirmed:

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

1st Congressional District:

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

Initial Appointment, Member, Board of Health and Environmental Control, with term to commence June 30, 1991, and to expire June 30, 1995:

6th Congressional District:

Mr. Roger Leaks, Jr., 4519 Robney Drive, Columbia, S.C. 29209 VICE Toney Graham, Jr., MD

Initial Appointment, Member, Advisory Board for the Autism Division of the Department of Disablities and Special Needs, with term to commence July 1, 1993, and to expire June 30, 1997:

3rd Congressional District:

Mrs. Jane G. Hunter, 249 Pendleton Road, Clemson, S.C. 29631

Appointment, Spartanburg County Magistrate, with term to expire April 30, 1995:

Mr. Robert Hall, 151 Oakwood Drive, Woodruff, S.C. 29388

Reappointment, Spartanburg County Voter Registration Board, with term to commence May 2, 1994, and to expire March 15, 1996:

Mrs. Eudora W. Graham, 120 Somerset Lane, Spartanburg, S.C. 29302

Reappointments, Spartanbury County Voter Registration Board, with terms to commence May 3, 1994, and to expire March 15, 1996:

Mr. F. Don Watson, 700 Holtfield Terrace, Spartanburg, S.C. 29303-7009

Mr. George F. Abernathy, 908 Iron Ore Road, Spartanburg, S.C. 29303

Appointment, Kershaw County Magistrate, with term to expire April 30, 1995:

Mr. Francis E. James, P.O. Box 32, Elgin, S.C. 29045 VICE Honorable Katie R. Pate (retired)

Reappointments, Greenville County Magistrates, with terms to expire April 30, 1998:

Honorable Harold L. Grimsley, 2801 Wade Hampton Boulevard, Taylors, S.C. 29687

Honorable Don Hensley, 34 Kellogg Avenue, Greenville, S.C. 29611

Honorable Leila Foster, 12 Howe Street, Greenville, S.C. 29601

Honorable Josephine H. Vernon, 36 Springdale Drive, Travelers Rest, S.C. 29169

Honorable Carroll G. (Bill) Morrow, 2015 Highway 11, Landrum, S.C. 29356

Honorable Diane D. Cagle, 6247 White Horse Road, Greenville, S.C. 29611

Honorable J. Metz Looper, 5 Saluda Lake Circle, Greenville, S.C. 29611

Honorable Ulysses J. Thompson, 4 McGee Street, Greenville, S.C. 29601

Honorable Harry J. Haynesworth, 4 McGee Street, Room 116-B, Greenville, S.C. 29601

Honorable Dorothy L. Butler, 720 S. Washington Avenue, Greenville, S.C. 29611

Honorable Charles R. Garrett, P.O. Box 506, Marietta, S.C. 29661

Honorable Thomas E. Taylor, 8150 Augusta Road, Piedmont, S.C. 29673

Honorable Hunter Howard, 116 S. Main Street, Simpsonville, S.C. 29681

Honorable R. Carey Werner, 117 S. Main Street, Greer, S.C. 29650

Appointments, Williamsburg County Magistrates, with terms to expire April 30, 1998:

Mr. Jerry Mishoe, Route 2, Box 253C, Lake City, S.C. 29560 VICE Honorable Richard Treme (retired)

Mr. William A. Edwins, Jr., 407 Pressley Avenue, Kingstree, S.C. 29556 VICE Honorable Jerry Mishoe (part time position)

Initial Appointments, Williamsburg County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Mr. Roger T. McGill, 101 Colonial Drive, Kingstree, S.C. 29556 VICE Katherine Dickson (resigned)

Mr. Vishinsky Chatman, Route 2, Box 115-A, Greeleyville, S.C. 29056 VICE Johnnie Dimery (deceased)

Appointment, Beaufort County Magistrate, with term to expire April 30, 1998:

Mrs. Darlene R. Smith, P.O. Box 21035, Hilton Head Island, S.C. 29592 VICE Cecil Reynolds (resigned)

Abbeville County Magistrates, with terms to expire April 30, 1998:

Reappointments:

Honorable G. Thomas Ferguson, P.O. Drawer 1156, Abbeville, S.C. 29620

Honorable Harold C. Dixon, P.O. Box 414, Calhoun Falls, S.C. 29628

Appointment:

Mr. John Nixon, Route 4, Box 132, Abbeville, S.C. 29620 VICE Honorable Joseph Brownlee

Edgefield County Magistrates, with terms to expire April 30, 1998:

Reappointment:

Honorable Davis Parkman, 507 Butler Street, Johnston, S.C. 29832

Appointment:

Honorable Frances P. Smith, 308 Butler Street, Edgefield, S.C. 29832 VICE Honorable James H. Maxwell (retired)

Reappointments, Edgefield County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

Ms. Elizabeth J. Greene, 588 Norris Street, Edgefield, S.C. 29824

Ms. Ruth S. Day, P.O. Box 6, Edgefield, S.C. 29824

Ms. Mary Ellen C. Painter, 1300 Penn Street, Edgefield, S.C. 29824

Ms. Marie G. Adams, 210 Gary Hill Road, Edgefield, S.C. 29824

Ms. Ophelia M. McCain, 1601 Edgefield Road, North Augusta, S.C. 29841

Reappointments, McCormick County Magistrates, with terms to expire April 30, 1998:

Honorable June Hughes Davis, P.O. Box 1116, McCormick, S.C. 29835

Honorable Jake Oliver Trantham, P.O. Box 1116, McCormick, S.C. 29835

Appointment, York County Magistrate, with term to expire April 30, 1995:

Mr. Robert Davenport, 2211 Zinker Road, Rock Hill, S.C. 29732 VICE Honorable Albert Johnson (retired)

Appointment, Anderson County Magistrate, with term to expire April 30, 1995:

Mr. Clarence (Buddy) Gentry, 113 Mouchet Circle, Starr, S.C. 29684 VICE Honorable John Campbell

Reappointments, Allendale County Magistrates, with terms to expire April 30, 1998:

Honorable Rufus E. Ferguson, P.O. Box 421, Fairfax, S.C. 29827

Honorable Walter G. Griffin, Jr., 303 Hampton Grove, Allendale, S.C. 29810

Appointment, Dorchester County Magistrate, with term to expire April 30, 1995:

Mr. Rodney W. Profit, 202 Cleveland Street, Summerville, S.C. 29483 VICE Honorable Samuel M. Jacobs (resigned)

Colleton County Magistrates, with terms to expire April 30, 1998:

Reappointments:

Honorable Kenneth A. Campbell, Jr., P.O. Box 1732, Walterboro, S.C. 29488

Honorable Norris O. Reardon, 201 Green Pond Highway, Walterboro, S.C. 29488

Honorable Richard B. Wood, Route 2, Box 131, Green Pond, S.C. 29466

Appointment:

Mr. William Cobb, 414 Lake Shore Drive, Walterboro, S.C. 29488 VICE Woodrow H. Hodges

Reappointments, Pickens County Magistrates, with terms to expire April 30, 1998:

Honorable Dale F. Dalton, P.O. Box 65, Liberty, S.C. 29657

Honorable Stephen B. Gravely, 108 Tara Court, Easley, S.C. 29642

Honorable James E. King, 268 Piney Trail Road, Liberty, S.C. 29657

Honorable John B. Robinson, Jr., 997 Old Seneca Road, Central, S.C. 29630

Clarendon County Magistrates, with terms to expire April 30, 1998:

Appointments:

Mr. Joseph Postell, Route 5, Box 636-A, Manning, S.C. 29102 VICE (New Appointment)

Reappointments;

Honorable Annelle Powell, P.O. Box 371, Manning, S.C. 29102

Honorable Willie Lee Bethune, P.O. Box 93, Gable, S.C. 29051

Honorable James Dingle, P.O. Box 344, Manning, S.C. 29102

Honorable William Rogers DuBose, P.O. Box 419, Summerton, S.C. 29148

Honorable Eugene A. Failmezger, P.O. Box 277, Summerton, S.C. 29148

Honorable Bobby Ray Floyd, Route 1, Box 617, Lake City, S.C. 29560

Reappointments, Lee County Magistrates, with terms to expire April 30, 1998:

Honorable Albert Bradley, Route 1, Box 191, Mayesville, S.C. 29104

Honorable Anna Chandler, Route 3, Bishopville, S.C. 29010

Honorable Robert Hancock, Route 1, Dalzell, S.C. 29040

Honorable Joseph Thomas, Sr., Route 2, Lynchburg, S.C. 29080

Honorable Davis A. White, P.O. Box 2, Bishopville, S.C. 29010

Honorable Alston W. Woodham, Route 2, Box 104, Bishopville, S.C. 29010

Reappointments, Richland County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

Ms. Gloria J. Wilson, 1614 Brennen Road, Columbia, S.C. 29206

Mrs. Sharon G. Burton, 513 Innsbrook Drive, Columbia, S.C. 29210

Ms. Elizabeth R. Cromer, 3817 Barwick Street, Columbia, S.C. 29205

Ms. Donna Lynn Weatherford, I-108 Suffolk Drive, Columbia, S.C. 29223

Reappointments, Barnwell County Board of Voter Registration with terms to commence March 15, 1994, and to expire March 15, 1996:

Ms. Cecile Robinson, P.O. Box 1054, Barnwell, S.C. 29812

Ms. Nancy E. Davis, 8 Peachtree Gardens, Barnwell, S.C. 29812

Ms. Delores A. Bradley, 211 Izlar Street, Blackville, S.C. 29817

Initial Appointment, Florence County Board of Voter Registration, with term to commence March 31, 1994, and to expire March 15, 1996:

At-Large:

Ms. Deloris S. Brock, P.O. Box 491, Johnsonville, S.C. 29555 VICE Betty McLeod/Glenn Odom

Reappointments, Greenwood County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

Mr. Harry W. Sparks, 312 Ridgeway, Greenwood, S.C. 29649

Mr. Joseph T. Ligon, P.O. Box 3084, Greenwood, S.C. 29648-3084

Initial Appointment, Colleton County Magistrate, with term to commence August 30, 1993, and to expire April 30, 1994:

The Honorable Norris Osborne Rearden, 1201 Green Pond Highway, Walterboro, S.C. 29488

Appointment, Charleston County Magistrate, with term to expire April 30, 1995:

Mr. Richard Ganaway, 7564 Brandywine Road, N. Charleston, S.C. 29401 VICE Honorable Margie Cannon

Initial Appointment, Saluda County Magistrate, with term to commence April 30, 1990, and to expire April 30, 1994:

The Honorable Joyce Buffington Shults, 120 S. Main Street, Saluda, S.C. 29138 VICE Samuel C. Pou (resigned)

On motion of Senator MACAULAY, with unanimous consent, the following appointments were confirmed:

Oconee County Magistrates, with terms to expire April 30, 1998:

Reappointments:

Honorable Dillard E. Medford, 46 Mason Drive, Walhalla, S.C. 29691

Honorable Becky W. Gerrard, 312 W. North First St., Seneca, S.C. 29678

Appointment:

Suzanne E. Earle, Esq., P.O. Box 506, Walhalla, S.C. 29691 VICE Honorable Larry A. Butts (deceased)

We certify that we took no action nor did we vote on the Workers' Compensation appointments which would preclude our representation of a client under the provisions of Section 8-13-745.

At 9:05 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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