| Printed Page 1940, Apr. 20 | Printed Page 1960, Apr. 20 |

(o) South Carolina Sheriff's Association, Executive Director, or a designee;

(p) South Carolina State Law Enforcement Division, Chief, or a designee;

(q) Long Term Care Ombudsman or a designee;

(r) South Carolina Medical Association, Executive Director, or a designee;

(s) South Carolina Health Care Association, Executive Director, or a designee;

(t) South Carolina Home Care Association, Executive Director, or a designee."/.

Amend the bill further, as and if amended, page 179, beginning on line 1, by striking SECTION 209 in its entirety.

Amend the bill further, as and if amended, page 180, beginning on line 4, by striking SECTION 212 in its entirety and inserting therein the following:

/SECTION 212. Section 44-6-170(A)(14) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(14) the executive director or his designee of the State Department of Health and Human Services Finance Commission;"/.

Amend the bill further, as and if amended, beginning on page 184, beginning on line 41, in Section 44-53-720(a), as contained in SECTION 227, by striking item (a) in its entirety and inserting therein the following:

/"(a) To use in treatment, maintenance or detoxification programs in the State Department of Mental Health facilities or programs approved by the South Carolina Commission on Alcohol and Drug Abuse and licensed by the South Carolina Department of Mental Health."/

Amend the bill further, as and if amended, page 194, beginning on line 35, by striking SECTION 247 in its entirety and inserting therein the following:

/SECTION 247. Chapter 3 of Title 49 of the 1976 Code is amended by adding:

"Section 49-3-60. The department may negotiate agreements, accords, or compacts on behalf of and in the name of the State with other states or the United States, or both, with an agency, department, or commission of either, or both, relating to withdrawal, transfer, or diversion of water connected to waters of this State or that impacts waters of the State or future supplies of water. Prior to and as a part of any negotiation, the department must consult and coordinate with the Department of Health and

Amend the bill further, as and if amended, page 218, beginning on line 9, as contained in SECTION 266, by striking lines 9 and 10 and inserting therein the following:

/"Section 55-1-1. There is created a Division of Aeronautics as a division within the Department of/.

Amend the bill further, as and if amended, page 218, line 35, in Section 55-5-50, as contained in SECTION 268 by striking line 35 and inserting therein:

/director of aeronautics who is or has been a commercial pilot/.

Amend the bill further, as and if amended, page 221, beginning on line 11, by striking SECTION 275 in its entirety and inserting therein the following:

/SECTION 275. Section 56-1-221(B) of the 1976 Code is amended to read:

"(B) The board shall advise the executive director of the department Department of Public Safety on medical criteria and vision standards relating to the licensing of drivers."/.

Amend the bill further, as and if amended, page 224, beginning on line 5, by striking SECTION 282 in its entirety.

Amend the bill further, as and if amended, page 241, line 17, in SECTION 308, by striking /4-9-155/ and inserting therein /4-9-155/.

Amend the bill further, as and if amended, page 250, beginning on line 17, by striking SECTION 314 in its entirety and inserting therein the following:

/SECTION 314. (A) Chapter 19 of Title 6, Chapter 61 of Title 40, Sections 41-15-310, 43-21-150, 44-6-60, 48-9-230, 49-5-130, 49-21-80, and Chapter 17 of Title 51 are repealed upon approval by the Governor.

(B) Chapter 5 of Title 12 is repealed effective February 1, 1995.

(C) Sections 43-21-120 and 43-21-140 are repealed effective July 1, 1995./

Amend the bill further, as and if amended, by deleting SECTIONS 12, 26, 30, 64, 125, 219, 222, 228, 229, 230, 231, 232, 248, 267, 269, 270, 271, and 272.

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

"Section 14-1-205. Except as provided in Sections 17-15-260, 34-11-90, 50-1- 150, 50-1-170, and 56-5-4160, on January 1, 1995, 56 percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family courts must be remitted to the county in which the proceeding is instituted and 44 percent of the revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis. The 44 percent remitted to the State Treasurer must be deposited as follows:

(1) 72.93 66.93 percent to the general fund;

(2) 6.00 percent to the Law Enforcement Enhancement Account;

(3) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) (4) 10.34 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund.

The Law Enforcement Enhancement Account must be maintained in the State Treasurer's Office. In expending the funds deposited to the Law Enforcement Enhancement Account, the Director of the Department of Public Safety must consider the need for (1) additional other funded troopers and officers, (2) pay shift differential for troopers and officers, and (3) continuing education and training for troopers and officers. Any unexpended balance on June 30 of the prior fiscal year may be retained and carried forward to the current fiscal year.

In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund."

SECTION ___. Section 17-5-130 of the 1976 Code, as last amended by Act 307 of 1994, is further amended to read:

"Section 17-5-130. (A) A coroner in this State must have the following qualifications:

(1) be a citizen of the United States;

(2) be a resident of the county in which he seeks the office of coroner for at least one year before qualifying for the election to the office;

(4) attained the age of twenty-one years before the date of qualifying for election to the office;

(5) obtained a high school diploma or its recognized equivalent; and

(6) have not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this State, any other state, or the United States.

(B) Each person serving as a coroner in his first term is required to complete a basic training session to be determined by the South Carolina Law Enforcement Training Council (council) Director of the South Carolina Department of Public Safety (director). This basic training session must be completed no later than the end of the calendar year following his election as coroner. A person appointed to fill the unexpired term in the office of coroner must complete a basic training session to be determined by the council director within one calendar year of the date of appointment. This section shall not be construed to require an individual to repeat the basic training session if he has successfully completed the session prior to his election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, complete the standard basic training session required of coroners. A coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the training session.

(C) A person holding the office of coroner or deputy coroner who was elected, appointed, or employed prior to January 1, 1994, and who has served continuously since that time must attend a minimum of sixteen hours training annually as may be selected determined by the council director on or before December 31, 1995. Each year thereafter, all coroners and deputy coroners must complete a minimum of sixteen hours training annually as may be selected by the council director. Certification or records of attendance or training shall be maintained as directed by the council Department of Public Safety.

(D)(1) The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training session in accordance with the provisions of subsection (B) is excused from the minimum annual training requirements of subsection (C) for the calendar year in which the basic training session is completed.

(2) The Board of Directors of the South Carolina Coroners Association, in its discretion, may grant a waiver of the requirements of the annual in-service training upon presentation of evidence by a coroner

(3) A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension.

(E) The provisions of items (4) and (5) of subsection (A) do not apply to a coroner serving on the effective date of this section.

(F) The South Carolina Law Enforcement Training Council director must appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners. The committee shall consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation.

(G) Expenses of all training authorized or required by this section must be paid by the county the coroner or deputy coroner serves, and the South Carolina Law Enforcement Training Council Department of Public Safety is authorized to set and collect fees for such training."

SECTION . Section 40-65-40, as last amended by Act No. 181 of 1993, is further amended to read:

"Section 40-65-40. Each member of the advisory council may receive twenty- five dollars an amount as provided for in the annual General Appropriations Act for each day actually engaged in the services of the department and shall be reimbursed for all actual travelling, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this chapter. These expenses shall be paid from general appropriations of the department."

SECTION . Section 40-65-60, as last amended by Act No. 181 of 1993, is further amended to read:

"Section 40-65-60. The advisory council shall hold at least two regular meetings each year. Special meetings may be held as the bylaws of the council provide. The council shall elect annually a chairman and a vice-chairman. The chief soil scientist, SCLRCC State Soil Scientist, SCDNR, shall serve as secretary-treasurer of the council. A quorum of the council shall consist of three members."

"Section 44-1-40. The board shall select a director commissioner for the department who shall serve a four-year term and who shall have such authority and perform such duties as may be directed by the board. The salary of the director commissioner shall be fixed by the board, upon approval of the State Budget and Control Board. For any vacancy occurring in the office of director commissioner on or after February 1, 1995, the board, after consultation with and approval by the Governor, must submit the name of its appointee to the Senate for the Senate's advice and consent. On or after February 1, 1995, the board may remove a director commissioner only after consultation with and approval by the Governor."

SECTION . Section 44-53-710 of the 1976 Code is amended to read:

"Section 44-53-710. The South Carolina Department of Health and Environmental Control shall have exclusive control over the controlled substance methadone, except for the South Carolina Department of Mental Health facilities or treatment programs licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."

SECTION ___. Section 44-53-730 of the 1976 Code is amended to read:

"Section 44-53-730. No supplier, distributor, or manufacturer shall sell or distribute methadone or its salts to anyone other than a facility licensed by the Department of Health and Environmental Control or the South Carolina Department of Mental Health, except as provided in Section 44-53- 720."

SECTION ___. Section 44-53-740 of the 1976 Code is amended to read:

"Section 44-53-740. The Board of Health and Environmental Control shall promulgate regulations as may be necessary to carry out the provisions of this article in coordination with the Department of Alcohol and Other Drug Abuse Services. Such These regulations shall not include criteria for admission to, continuance in, or discharge from any methadone maintenance program in a facility of the South Carolina Department of Mental Health or facility licensed by the South Carolina Department of Mental Health and approved by the South Carolina Department of Alcohol and Other Drug Abuse Services or the federal government."

Renumber sections 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.

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

H. 3977 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

On motion of Senator COURTNEY, H. 3977 was ordered to receive a third reading on Friday, April 21, 1995.

S. 763 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO STATE EMPLOYEE GRIEVANCE COMMITTEE RULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 766 -- Senator Waldrep: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 25, TITLE 50 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS ON LAKE HARTWELL, DEFINE TERMS, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS.

S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.

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

S. 210 -- Senator Land: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF FAILING TO RETURN RENTED VIDEO OR CASSETTE TAPES, SO AS TO PROVIDE THAT A COURT MAY DISMISS ANY PROSECUTION INITIATED PURSUANT TO THE PROVISIONS OF THIS SECTION FOR FIRST OFFENSE ON SATISFACTORY PROOF OF RESTITUTION AND PAYMENT OF AN ADMINISTRATIVE COST, AND PROVIDE THAT NO WARRANT FOR A VIOLATION OF THIS SECTION MAY BE OBTAINED MORE THAN THIRTY DAYS AFTER THE DATE THE RENTAL AGREEMENT HAS EXPIRED.

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

S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.

Senator COURTNEY explained the Bill.

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

S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE

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

S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 20, 1995, at 11:45 A.M. and the following Acts and Joint Resolutions were ratified:

(R57) S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

(R58) S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R59) S. 646 -- Senators Land and Drummond: AN ACT TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE

(R60) S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: AN ACT TO AMEND SECTION 31-12-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD OF A REDEVELOPMENT AUTHORITY; SECTION 31-12-50 RELATING TO THE TERMS AND FILLING OF VACANCIES OF MEMBERS OF THE AUTHORITY, SO AS TO ADD A REFERENCE TO CONFORM TO THE AMENDMENT OF SECTION 31-12-40 AND REQUIRE THE TERMS OF MEMBERS APPOINTED PURSUANT TO SECTION 31-12-40 BE SPLIT EQUALLY BETWEEN TWO OR FOUR YEARS; AND TO AMEND SECTION 31-12-60, RELATING TO THE GOVERNOR'S AT-LARGE APPOINTMENT AND CERTAIN POWERS OF THE AUTHORITY, SO AS TO CHANGE THE MANNER IN WHICH THE GOVERNOR'S APPOINTEE SERVES AS CHAIRMAN.

(R61) H. 3107 -- Reps. Sheheen and S. Whipper: AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

(R62) H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS GENERAL FUND REVENUES, TO PROVIDE THAT THE RESPECTIVE CLERKS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND THE DIRECTOR OF THE DIVISION OF OPERATIONS OF THE STATE BUDGET AND CONTROL BOARD SHALL ACT AS AGENTS OF THE STATE HOUSE COMMITTEE IN THE ADMINISTRATION AND IMPLEMENTATION OF THE STATE HOUSE RENOVATION PROJECT AND TO PROVIDE LIMITATIONS, TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO EXPEND NOT MORE THAN $1,500,000 OF THE SUM APPROPRIATED FOR THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC

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