South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Wednesday, March 2, 1994

(Statewide Session)

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, it is amazing how relevant the Old Testament is to our times. Hear! Hear Ezra Chapter 7 (vv. 27, 29):

"Blessed be the Lord, the God of our fathers,

who put such things as this into the heart of

the king... and who extended to me His

steadfast love before the king and his coun-

selors, and before all the king's officers.

I took courage, for the hand of the Lord

my God was upon me, and I gathered leading

men from Israel to go up with me."
Let us pray.

Most Holy Lord God: we know that Ezra was a priest and not a Senator.

We know also that it is easier to enunciate principles of life than it is to formulate the specifics of ethical conduct... and political action-- But

we acknowledge with St. Paul, when he said,

"I often find that

I have the will to do good,

But not the power."

Give us also this day... the power.

Amen.

Point of Quorum

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

Call of the Senate

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

The Senate resumed.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 23, 1994
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Initial Appointment, Department of Transportation Commission, with term to commence February 15, 1994, and to expire coterminous with the Governor:

At-Large - Chairman:

Mr. Harry B. Limehouse, 64 Hasell Street, Charleston, S.C. 29401

Referred to the Committee on Transportation.

ACTING PRESIDENT PRESIDES

Senator LEATHERMAN assumed the Chair.

Doctor of the Day

Senator GIESE introduced Dr. M.F. McFarland of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator McCONNELL, at 11:55 A.M., Senator MACAULAY was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1224 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED; AND BY AMENDING SECTION 37-11-50, RELATING TO ELIGIBILITY FOR LICENSURE, SO AS TO PROVIDE THAT ONLY THOSE CONTINUING CARE RETIREMENT COMMUNITIES WHICH REQUIRE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE MUST OBTAIN A LICENSE RATHER THAN ALL CONTINUING CARE RETIREMENT COMMUNITIES.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1225 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-80 SO AS TO INDEX TO INFLATION THE RATE OF TAX IMPOSED ON ALCOHOLIC BEVERAGES, BEER AND WINE, TOBACCO PRODUCTS, ELECTRIC POWER, GASOLINE TAXES LEVIED FOR "C" FUNDS, AND SOFT DRINKS, AND TO PROVIDE FOR AN INFLATION ADJUSTMENT FOR THE MAXIMUM SALES TAX ON AUTOMOBILES, BOATS, AIRCRAFT, MOTORCYCLES, AND CERTAIN OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY.

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

S. 1226 -- Senators Washington and Mescher: A BILL TO AMEND SECTION 50-17-805, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISHING LICENSES FOR SHAD, HERRING, AND STURGEON, SO AS TO REVISE THE REPORTING AND OTHER REQUIREMENTS FOR THE LICENSES; SECTION 50-17-810, AS AMENDED, RELATING TO THE SHAD SEASONS, SO AS TO REVISE THE SEASONS IN CERTAIN AREAS; SECTION 50-17-811, AS AMENDED, RELATING TO THE SHAD SEASON IN GAME ZONE 7, SO AS TO PROVIDE FOR THE LIMIT ON TAKING SHAD IN ALL GAME ZONES; SECTION 50-17-812, AS AMENDED, RELATING TO CATCHING OR SETTING NETS OR OTHER DEVICES FOR SHAD, SO AS TO PROVIDE FOR THE USE OF SHAD AND GILL NETS IN CERTAIN AREAS; SECTION 50-17-860, AS AMENDED, RELATING TO THE RESTRICTIONS ON THE USE OF NETS TO CATCH SHAD, SO AS TO REVISE THE RESTRICTIONS, PROVIDE RESTRICTIONS IN CERTAIN AREAS, AND PROVIDE FOR STATIONARY NETS; SECTION 50-17-890, AS AMENDED, RELATING TO THE RECORDS AND REPORTS FOR BUYING, SHIPPING, AND SELLING SHAD AND STURGEON, SO AS TO PROVIDE FOR LICENSING REQUIREMENTS AND RECORDS AND REPORTS PURSUANT TO CERTAIN PROVISIONS; SECTION 50-17-895, AS AMENDED, RELATING TO PENALTIES PERTAINING TO SHAD, SO AS TO REVISE THE PENALTIES AND PROVIDE FOR THE SEIZURE OF EQUIPMENT AND CATCH; AND TO REPEAL SECTIONS 50-17-813, 50-17-814, 50-17-815, 50-17-816, 50-17-817, 50-17-820, 50-17-850, 50-17-855, AND 50-17-867 RELATING TO THE REGULATION OF SHAD FISHING IN CERTAIN AREAS.

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

S. 1227 -- Senator McConnell: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

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

S. 1228 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-36-100 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MAY EMPLOY AN EXECUTIVE SECRETARY FOR THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY; TO AMEND SECTION 40-36-20, AS AMENDED, RELATING TO DEFINITIONS IN THE OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO INCLUDE A DEFINITION FOR AN OCCUPATIONAL THERAPY AIDE AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 40-36-60, RELATING TO THE CREATION OF THE BOARD OF OCCUPATIONAL THERAPY, SO AS TO INCREASE MEMBERSHIP ON THE BOARD FROM FIVE TO SEVEN AND TO REVISE REQUIREMENTS FOR MEMBERSHIP; TO AMEND SECTION 40-36-80, RELATING TO MEETINGS OF THE BOARD, SO AS TO INCREASE THE NUMBER OF MEETINGS AND TO REVISE THE NUMBER FOR A QUORUM; TO AMEND SECTION 40-36-110, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO LEVY FINES; TO AMEND SECTION 40-36-120, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EDUCATIONAL PROGRAMS; TO AMEND SECTION 40-36-130, AS AMENDED, RELATING TO EXAMINATIONS FOR LICENSURE, SO AS TO PROHIBIT ISSUANCE OF A LIMITED PERMIT UPON FAILURE TO PASS THE EXAMINATION; TO AMEND SECTION 40-36-150, RELATING TO LICENSES, SO AS TO REVISE THE REQUIREMENTS FOR A FOREIGN-TRAINED APPLICANT TO OBTAIN A LIMITED PERMIT; TO AMEND SECTION 40-36-160, AS AMENDED, RELATING TO DISCIPLINARY PROCEEDINGS, SO AS TO ADD ADDITIONAL GROUNDS FOR THE BOARD TO TAKE DISCIPLINARY ACTION; AND TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO AUTHORIZE ADDITIONAL FEES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1229 -- Senators Giese, Richter, Gregory, Ryberg, Peeler, Hayes, Jackson, Thomas, Martin, Drummond, Rose, McGill and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF FIVE ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.

Senator GIESE spoke on the Bill.

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

S. 1230 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO EXEMPT LICENSED BROKERS OR SALES AGENTS WHO ARE ALSO ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR FROM THE REQUIREMENTS OF THIS PROVISION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1231 -- Senators Greg Smith and McGill: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.

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

S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.

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

H. 4828 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE STATE CHEERLEADING CHAMPIONSHIP AFTER PARTICIPATING IN THE SOUTH CAROLINA STATE CHEERLEADING ASSOCIATION'S STATE COMPETITION.

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

H. 4829 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1994 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 27, 1994, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and

Whereas, the winners of the 1994 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1994 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

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

That the members of the General Assembly invite the winners of the 1994 South Carolina Folk Heritage Awards and the members of the 1994 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the General Assembly, to be held in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 27, 1994, and that the members of the General Assembly recognize and commend the 1994 South Carolina Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.

Referred to the Committee on Invitations.

H. 4845 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS FOOTBALL TEAM OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE 1993 REGION 4, CLASS AAA FOOTBALL CHAMPIONSHIP.

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

H. 4848 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING AMERICAN FEDERAL BANK OF GREENVILLE FOR ITS OUTSTANDING RECORD OF CIVIC INVOLVEMENT AND COMMUNITY IMPROVEMENT.

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

H. 4849 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARY COOPER OF MANNING ON BEING NAMED THE 1993 REGIONAL HEAD START TEACHER OF THE YEAR.

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

H. 4852 -- Reps. Rogers, Waites, Byrd, Neal, Scott, J. Brown, Harrison and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS ELIZABETH SINCLAIR OF RICHLAND COUNTY ON THE RECENT CELEBRATION OF HER ONE HUNDRED AND THIRD BIRTHDAY AND TO RECOGNIZE HER MANY ACHIEVEMENTS.

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

H. 4863 -- Reps. Breeland, Whipper, Inabinett, Hallman, Harrell, Holt, Fulmer, Hutson, Barber, J. Bailey, Gonzales and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. ZOLA DAVIS OF CHARLESTON IN CHARLESTON COUNTY UPON HIS EXTRAORDINARY RECORD AS A MEMBER OF THE BURKE HIGH SCHOOL FOOTBALL TEAM.

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

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

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

H. 3475 -- Reps. Baxley, A. Young, Simrill, Kirsh, Stone, Haskins, Neal, Harrison, Quinn, Corning, Riser, Shissias, Hines, Canty, Cato, Wells, Robinson, Meacham and Hutson: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM ON THE QUESTION OF IMPLEMENTING THE LOCAL OPTION ONE PERCENT SALES AND USE TAX WITHIN A COUNTY, SO AS TO DESCRIBE SUCH REFERENDUM AS AN "INITIAL REFERENDUM", PROVIDE THAT IT MUST OCCUR ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR, AND PROVIDE THAT, FOLLOWING THE INITIAL REFERENDUM, A REFERENDUM FOR IMPLEMENTING THE TAX MUST NOT BE HELD MORE OFTEN THAN ONCE IN FORTY-EIGHT, RATHER THAN TWELVE, MONTHS AND MUST BE SIMILARLY HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR ONLY.

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

H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.

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

H. 4463 -- Rep. Cromer: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO CARRY A CONCEALED WEAPON, SO AS TO MAKE GRAMMATICAL CHANGES AND TO REPEAL THE BOND REQUIREMENT.

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

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.

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

H. 4703 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO THE IMPORTATION OF POULTRY INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1692, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4704 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO TUBERCULOSIS TESTING OF CATTLE IMPORTED INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1693, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4705 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF GARBAGE FED SWINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1694, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.

Read the first time and referred to the Aiken County Delegation.

REPORTS OF STANDING COMMITTEES

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

S. 63 -- Senator Patterson: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF COURTS OVER A JUVENILE, SO AS TO REQUIRE THAT A JUVENILE FOURTEEN YEARS OF AGE OR OLDER WHO COMMITS A CRIME THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT MUST BE TRIED AS AN ADULT IN THE COURT OF GENERAL SESSIONS; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF FINGERPRINT RECORDS OF A JUVENILE, SO AS TO PROVIDE THAT JUVENILES DETAINED FOR OFFENSES THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT MUST BE PHOTOGRAPHED AND FINGERPRINTED AND THE RECORDS MAY BE TRANSMITTED TO THE STATE LAW ENFORCEMENT DIVISION, THE FEDERAL BUREAU OF INVESTIGATION, OR OTHER LAW ENFORCEMENT AGENCIES; AND TO AMEND SECTION 20-7-2170, RELATING TO COMMITMENT OF A JUVENILE, SO AS TO PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A FELONY MAY BE SENTENCED BASED ON STANDARDS USED FOR AN ADULT, AND MUST BE HELD IN A MAXIMUM SECURITY FACILITY FOR JUVENILES UNTIL HE REACHES EIGHTEEN YEARS OF AGE.

Ordered for consideration tomorrow.

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

S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.

Ordered for consideration tomorrow.

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

S. 787 -- Senator Stilwell: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

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

S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

Ordered for consideration tomorrow.

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

S. 1043 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE BY THE STATE OF SOUTH CAROLINA OF RELINQUISHMENT OF LANDS BY THE UNITED STATES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REQUIREMENT THAT THE SECRETARY OF STATE MAINTAIN A PERMANENT FILE OF THE NOTICES OF ACCEPTANCE AND RELINQUISHMENT, AND REQUIRE THE BUDGET AND CONTROL BOARD TO MAINTAIN A PERMANENT FILE OF THESE NOTICES.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

S. 1077 -- Senators Patterson and Wilson: A BILL TO AMEND SECTION 55-11-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH AT LEAST FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS A DAY AT LEAST FIVE DAYS EACH WEEK.

Ordered for consideration tomorrow.

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

H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. School of the Deaf & Blind to attend a drop-in luncheon in 208 Blatt on Wednesday, March 16, 1994, at 1:30 P.M. or immediately upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews Russell

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Women's Consortium to attend a luncheon at Adam's Mark (Marriott) on Tuesday, March 22, 1994, at 1:30 P.M. or immediately upon adjournment.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Russell Passailaigue

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. State Museum to attend a reception and Exhibit of Record Fish Caught in S.C. at the S.C. State Museum on Tuesday, March 22, 1994, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews Russell

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Southern Bell (Host: Dodie Magill, S.C. Teacher of the Year) to attend a 25th Birthday Celebration of Public Kindergarten in S.C. in the lower lobby, State House on Wednesday, March 23, 1994, at 1:30 P.M. or immediately upon adjournment.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson Peeler Matthews
Thomas Patterson Russell
Passailaigue

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Wilson Stilwell O'Dell

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Prayer Fellowship to attend a breakfast at Embassy Suites Hotel on Wednesday, March 30, 1994, at 7:45 A.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell O'Dell

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Russell Passailaigue

TOTAL--2

CONCURRENCE

S. 1023 -- Senator Macaulay: A BILL TO AMEND CHAPTER 5, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO REVISE AND CLARIFY DEFINITIONS.

The House returned the Bill with amendments.

On motion of Senator MARTIN, 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.

CONCURRENCE

S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX TUESDAY, MARCH 15, 1994, AT 12:30 P.M., AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994.

The House returned the Concurrent Resolution with amendments.

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

HOUSE CONCURRENCE

S. 1223 -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF FLORENCE POLICE CHIEF WAYMON MUMFORD ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 4774 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(By prior motion of Senators COURTNEY and REESE)

H. 4564 -- Rep. Spearman: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.

THIRD READING BILLS

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

S. 1131 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.

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

There was no objection.

S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.

Senator GIESE explained the Bill.

S. 712 -- Senator Hayes: A BILL TO AMEND SECTION 43-45-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY ECONOMIC OPPORTUNITY ACT OF 1983, ADMINISTERING AGENCY, AND DUTIES AND FUNCTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO THE DUTY OF PRESCRIBING THE PERSONNEL PROCEDURES AND FINANCIAL SYSTEMS UNDER WHICH EACH COMMUNITY-BASED ORGANIZATION RECEIVING FUNDS UNDER CHAPTER 45 OF TITLE 43 MUST OPERATE AND RELATING TO THE DUTY OF REVIEWING AND APPROVING ALL BYLAWS FOR ORGANIZATIONS RECEIVING FUNDS UNDER THAT CHAPTER.

Senator LEVENTIS explained the Bill.

S. 1000 -- Senators Rankin and Greg Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-45 SO AS TO PERMIT THE USE OF PYROTECHNIC MATERIALS INSIDE ANY ENCLOSED ENTERTAINMENT OR ASSEMBLY AREA BEFORE PROXIMATE AUDIENCES WHEN THE INDOOR PYROTECHNICS ARE USED IN ACCORDANCE WITH APPLICABLE STANDARDS OF THE NATIONAL FIRE PROTECTION ASSOCIATION.

S. 1063 -- Senator Bryan: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, AND 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.

S. 1071 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS.

S. 1094 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.

S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SETZLER explained the Resolution.

S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE-OWNED TEXTBOOKS/INSTRUCTIONAL MATERIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

COMMITTEE AMENDMENT ADOPTED, CARRIED OVER

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

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

The Medical Affairs Committee proposed the following amendment (CYY\15781AC.94), which was adopted:

Amend the bill, as and if amended, page 1, Section 40-55-60, beginning on line 42, by deleting /and shall file a copy of the Code with the Secretary of State/ and inserting /and shall file a copy of the Code with the Secretary of State/.

Amend title to conform.

On motion of Senator DRUMMOND, the Bill was carried to third reading, as amended.

SECOND READING BILLS

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

S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1222 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-85 SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE VOLUNTEER LICENSES FOR PROVIDING CARE TO THE NEEDY AND INDIGENT IN SOUTH CAROLINA.

AMENDED, READ THE SECOND TIME

S. 1115 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (CYY\15802AC.94), which was adopted:

Amend the bill, as and if amended, by deleting Section 40-36-180(5) and inserting:

/(5) verification fee;

(6) rosters and mailing lists./

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.

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

The Medical Affairs Committee proposed the following amendment (CYY\15782AC.94), which was adopted:

Amend the bill, as and if amended, Section 40-37-90(B), page 2, by deleting beginning on line 16 /However, if an optometrist's registration or diagnostic certification is suspended or revoked and the optometrist seeks to have the registration or certification reinstated, the optometrist is required to comply with subsection (A)(4)./

Amend further by deleting Section 4 of the bill and inserting:

/SECTION 4. Section 40-37-290 of the 1976 Code is amended to read:

"Section 40-37-290. (A) Nothing in this chapter shall may be construed to limit the number or to prescribe or restrict the location of offices each individual optometrist or group of optometrists may operate. Every optometrist must display a separate registration certified by the board in each location in which he the optometrist practices. Duplicate registrations may be obtained from the board by filing an application on a form prescribed by the board and paying the prescribed fees.

(B) Each office shall post in a conspicuous place the office hours that will be maintained. Office hours shall must be determined as those hours in which a licensed optometrist is actually present on the premises. This section shall may not prevent the office from being open for the purpose of accepting appointments or payments or performing other duties that by law do not require the presence of a licensed optometrist. Advertisements or any other public announcement of office hours must specify those hours in which a licensed optometrist is present on the premises.

Mobile units may be used. However, any an optometrist practicing in a mobile unit shall obtain a registration for such by the mobile unit from the board. Such A mobile unit shall must be limited to visiting and providing services to licensed health care facilities within the State.

(C) Notwithstanding the provisions of subsection (A), the board may promulgate regulations regarding optometrists' offices so as to provide for:

(1) adequate and appropriate office facilities for the practice of optometry;

(2) the proper handling of patient records; and

(3) and appropriate sanitation for office facilities."/

Amend title to conform.

Senator BRYAN explained the amendment.

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

CARRIED OVER

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 RANKIN, the Bill was carried over.

S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

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

S. 1155 -- Senators Martin and Setzler: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.

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

H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.

Senator SETZLER explained the Bill.

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

S. 717 -- Senators Macaulay, Leventis and McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE VI AND SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING RESPECTIVELY TO ELECTIVE OFFICERS AND THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF OFFICERS WHO MUST BE ELECTED AND TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION WITH QUALIFICATIONS AS PRESCRIBED BY THE BOARD AND BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING THAT THE BOARD SHALL CONSIST OF ONE MEMBER ELECTED BY THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.

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

S. 718 -- Senators Macaulay, Leventis, Drummond and McConnell: A BILL TO AMEND SECTIONS 59-3-10 AND 59-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION, TO DELETE REFERENCES TO TRAVEL EXPENSES, AND TO PROVIDE FOR FILLING A VACANCY; TO AMEND SECTION 59-5-10, RELATING TO THE ELECTION, COMPOSITION, AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD, TO FURTHER PROVIDE FOR THE MANNER IN WHICH MEMBERS ARE SELECTED, TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE CHAIRMAN OF THE BOARD, AND TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS FOR REASONS OTHER THAN ILLNESS IS CONSIDERED TO HAVE RESIGNED; TO AMEND SECTION 59-5-20, RELATING TO PERSONS ELIGIBLE FOR MEMBERSHIP ON THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND CERTAIN SCREENING OF MEMBERS OF THE BOARD, AND TO AMEND SECTION 59-5-60, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION.

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

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair.

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

CARRIED OVER

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Time Fixed

Senator LEVENTIS moved that when the Senate adjourns, it stand adjourned to meet tomorrow, March 3, 1994, at 10:15 A.M., which motion was adopted.

ADJOURNMENT

At 11:59 A.M., on motion of Senator Moore, the Senate adjourned to meet tomorrow at 10:15 A.M.

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