South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Wednesday, April 3, 1991

(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 must have been a beautiful Springday long ago when the Psalmist praised Jehovah in the words of the 104th Psalm (V.1):

"O Lord my God You are very great;

You are clothed with splendor and majesty."
Let us pray.

Eternal Father, we thank You for the world in a new springtime... the pageantry of buds and blossoms... the resurrection of nature... for the lush meadows... and greening hills... for the rushing streams and gentle breezes... for bright sun and starlit skies... for the lyric notes of birds and the music of the spheres!

We pause at this period of a new day to praise Thee as our Creator, Redeemer, and Sanctifier.

In this sacred moment we reaffirm our faith... and trust... in Thee, and renew our commitment to seek to make this a better world... O Thou the Giver of Life, and King of the Universe!

Give to us here... and to decision-makers across our planet... grace, wisdom, and strength... to help to bring to fulfillment the reign of the Prince of Peace.

Amen.

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

March 22, 1991
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.

Local Appointment

Reappointment, Member, Colleton County Board of Voter Registration, with term to expire on March 15, 1992:

Ms. Yvonne T. Spell, Route 3, Box 152, Smoaks, South Carolina 29481

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1361
Promulgated By Residential Builders Commission
Residential Builders and Specialty Contractors
Received By Lt. Governor January 28, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 29, 1991
Committee requested withdrawal March 13, 1991
Withdrawn and resubmitted April 3, 1991
Revised expiration date June 18, 1991

Doctor Of The Day

Senator WILSON introduced Dr. Marion F. McFarland of Columbia, Doctor of the Day.

Leave Of Absence

On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.

ADOPTED

S. 821 -- Senator Russell: A SENATE RESOLUTION TO GRANT AN INTERPRETER FOR THE DEAF ACCESS TO THE SENATE FLOOR TO "SIGN" WHILE THE SENATE IS IN SESSION WEDNESDAY, APRIL 3, 1991, IN RECOGNITION OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND.

On motion of Senator RUSSELL, with unanimous consent, the Resolution was taken up for immediate consideration. The question being the adoption of the Resolution.

Senator RUSSELL spoke on the Resolution.

The Resolution was adopted.

CONCURRENCE

S. 623 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280, RELATING TO THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS SO AS TO PROHIBIT THEIR POSSESSION UNLESS AUTHORIZED, TO PROVIDE PENALTIES FOR POSSESSION OF A DEVICE, AND TO PROVIDE FOR THEIR FORFEITURE.

The House returned the Bill with amendments.

On motion of Senator SETZLER, 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.

Committee To Escort

The PRESIDENT appointed Senators COURSON, LAND, MATTHEWS, HAYES and PASSAILAIGUE to escort the 1991 winners of the Folk Heritage Awards to the House Chamber at the Joint Assembly.

Statement By Senator WADDELL

I wish the Journal to reflect that I have received a gift of a watch from a non-lobbying group visiting from Switzerland.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 839 -- Senator Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO AS TO AUTHORIZE A PUPIL TO ATTEND A PUBLIC SCHOOL IN A DISTRICT OTHER THAN THE ONE IN WHICH HE RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.

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

S. 840 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-310 SO AS TO PROVIDE A PREFERENCE FOR QUALIFIED APPLICANTS WITH DISABILITIES IN HIRING UNDER THE STATE CLASSIFICATION AND COMPENSATION PLAN.

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

S. 841 -- Senator Moore: A BILL TO AMEND JOINT RESOLUTION 550 OF 1986, RELATING TO A MAXIMUM SALES TAX ON THE SALE OF MACHINERY FOR RESEARCH AND DEVELOPMENT FOR A PERIOD OF FIVE YEARS AND AN EXEMPTION FROM AD VALOREM TAXATION FOR A PERIOD OF FIVE YEARS OF CERTAIN FACILITIES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES, SO AS TO MAKE THESE EXEMPTIONS PERMANENT RATHER THAN OF A FIVE-YEAR DURATION AND TO DESIGNATE SECTION 1 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-36-2120(43), CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE SECTION 2 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-37-220 B.(34) OF THE 1976 CODE.

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

S. 842 -- Senator Russell: A BILL TO AMEND SECTION 56-5-5920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISPOSAL REQUIREMENTS FOR ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE FURTHER FOR EXEMPTIONS AND PROVIDE ADDITIONAL PROCEDURES FOR CERTAIN VEHICLES; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES FOR ABANDONING MOTOR VEHICLES, SO AS TO INCREASE THE PENALTY FROM ONE HUNDRED DOLLARS TO TWO HUNDRED DOLLARS AND ADD THE ALTERNATIVE PENALTY OF THIRTY DAYS' IMPRISONMENT.

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

S. 843 -- Judiciary Committee: A BILL TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER, AND THAT IF A CIVIL OR CRIMINAL MATTER INVOLVES THE SUBSTANTIVE LEGAL RIGHTS OF ANY PARTY, THEN THE SUBSTANTIVE LEGAL PRINCIPLES, AS PROVIDED FOR IN STATUTES AND CASE LAW, MUST BE APPLIED.

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

S. 844 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. CRAIG MITCHELL FUNDERBURK OF COLUMBIA, A MEMBER OF BOY SCOUT TROOP 22, UPON RECEIVING THE EAGLE SCOUT AWARD.

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

S. 845 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ALBERT FOSTER WELCH, SR., OF LEESVILLE.

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

S. 846 -- Senators Wilson, Courson, Russell, Thomas, McConnell, Giese, Shealy, Martschink, Stilwell, Peeler and Rose: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. AND MRS. AUGUSTUS FITCH OF COLUMBIA, WHO, ON FEBRUARY 22, 1991, CELEBRATED THEIR FIFTIETH WEDDING ANNIVERSARY.

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

S. 847 -- Senator Helmly: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. GEORGE LIJEWSKI OF SUMMERVILLE FOR HIS AMAZING FEAT IN CATCHING A WORLD RECORD ARKANSAS BLUE CATFISH, WEIGHING IN AT ONE HUNDRED NINE POUNDS FOUR OUNCES, IN THE TAILRACE CANAL.

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

S. 848 -- Senators Martschink, Stilwell, Russell and J. Verne Smith: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, AND SECTION 7-13-40, RELATING TO THE DATE OF PARTY PRIMARY ELECTIONS, SO AS TO REVISE THE ELECTION DATE AND RELATED FILING DATES.

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

H. 3759 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO COMMEND THE LOWCOUNTRY RELEAF ORGANIZATION FOR ITS OUTSTANDING EFFORTS IN PLANTING TREES IN CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES WHICH COMPRISE THE TRI-COUNTY AREA OF THIS STATE.

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

H. 3760 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO INVITE THE AWARD WINNING MOUNT PLEASANT HIGH SCHOOL CHORUS, OF MOUNT PLEASANT HIGH SCHOOL IN LEE COUNTY, TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 1, 1991, FROM 11:00 TO 11:30 A.M. TO PERFORM FOR THE MEMBERS OF THE GENERAL ASSEMBLY AND TO BE RECOGNIZED FOR ITS SPLENDID ACCOMPLISHMENTS.

Whereas, the Mount Pleasant High School Chorus of Mount Pleasant High School in Lee County, under the dynamic direction of Mr. Thomas Slater, is an outstanding choral organization; and

Whereas, in recognition of the talent, hard work, and dedication of the members of the chorus and their director, and on the recommendation of Mr. Larry Wyatt of the University of South Carolina School of Music, the chorus has been selected to perform at Carnegie Hall in New York City, on December 1, 1991; and

Whereas, the chorus will also perform at the Carowinds Choral Festival this year; and

Whereas, sixteen members of the chorus were selected for the All-State Chorus this year and three members performed in Europe last summer; and

Whereas, the chorus director, Mr. Thomas Slater, for his outstanding leadership, was awarded the Fannie Ivey-Annie Rubin Award of Education for Conductor's Excellence last year. Now, therefore,

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

That the members of the General Assembly invite the award winning Mount Pleasant High School Chorus, of Mount Pleasant High School in Lee County, to attend a joint session of the General Assembly in the Hall of the House of Representatives on Wednesday, May 1, 1991, from 11:00 to 11:30 a.m. to perform for the members of the General Assembly and to be recognized for its splendid accomplishments.

Be it further resolved that a copy of this resolution be forwarded to Mr. Thomas Slater, Director, Mount Pleasant High School Chorus.

Referred to the Committee on Invitations.

H. 3761 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION TO CONGRATULATE THE BEAUFORT-JASPER ECONOMIC OPPORTUNITY COMMISSION ON ITS TWENTY-FIVE YEARS OF SERVICE TO THE CITIZENS OF THE LOWCOUNTRY AND COMMEND THE COMMISSION FOR ITS UNWAVERING COMMITMENT AND DEDICATION TO FIGHTING POVERTY IN OUR STATE AND IMPROVING THE LIVES OF THOUSANDS OF FAMILIES AND INDIVIDUALS.

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

H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.

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

H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.

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

H. 3715 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1334, 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 Education.

H. 3728 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.

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

H. 3733 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE NAME OF THE WIDE AWAKE PRECINCT TO STRATFORD.

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

REPORTS OF STANDING COMMITTEES

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

S. 200 -- Senators Giese, Courson and Wilson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Judiciary, submitted a favorable report on:

S. 365 -- Senators Lourie and Giese: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY PRIMARY ELECTIONS, SO AS TO AUTHORIZE THE STATE COMMITTEE OF A PARTY TO SET THE DATE AND TIMES THAT THE POLLS WILL BE OPEN AND THE FILING REQUIREMENTS.

Ordered for consideration tomorrow.

Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:

S. 431 -- Senator Drummond: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAD CHECKS, SO AS TO SPECIFICALLY MAKE IT UNLAWFUL TO DRAW, MAKE, UTTER, ISSUE, OR DELIVER A BAD CHECK FOR PAYMENT ON A LEASE AGREEMENT OR TO PAY RENT.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:

S. 434 -- Senator Passailaigue: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

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

S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 793 -- Senators Washington and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

Ordered for consideration tomorrow.

Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:

H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF AND PROSECUTION FOR FRAUDULENT INTENT IN DRAWING A CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM FIFTEEN TO TWENTY DOLLARS.

Ordered for consideration tomorrow.

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

H. 3432 -- Rep. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: GRADES 9-12, VII. THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1348, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1349, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

H. 3487 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL COUNCIL, RELATING TO AMENDMENTS TO THE COASTAL ZONE MANAGEMENT ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1341, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

H. 3535 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM/CURRICULUM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3633 -- Rep. Gregory: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF GLASSWARE AND MIXERS PACKAGED WITH ALCOHOLIC LIQUORS PROVIDED BY THE MANUFACTURER.

Ordered for consideration tomorrow.

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

THIRD READING BILLS

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

S. 410 -- Senator Saleeby: A BILL TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" AN EMPLOYEE OF AN AGENCY AUTHORIZED TO RECEIVE FUNDS AS AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY PURSUANT TO SECTION 61-5-320 OF THE 1976 CODE, AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY DESIGNATED PURSUANT TO THE SAME SECTION.

S. 707 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

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

Amended and Read

S. 730 -- Senator Land: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.

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

Senator LAND proposed the following amendment (AGR730.2), which was adopted:

Amend the bill, as and if amended, page 3, line 25, by striking /operates/ and inserting therein /operate/ .

Amend title to conform.

Senator LAND explained the amendment.

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

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bills having been read the second time were passed and ordered to a third reading:

H. 3072 -- Reps. P. Harris, Carnell, J. Harris, Waites, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.

Amended and Read

S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.

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 amendment proposed by the Committee on Medical Affairs (BR1\1409.AC) was adopted as follows:

Amend the bill, as and if amended, Section 44-7-2530, as contained in SECTION 2, by striking subsection (B) and inserting:

/(B) To ensure that all eligible infants and toddlers receive services, pending resolution of any dispute the department shall assign financial responsibility among agencies providing early intervention services./

Renumber sections to conform.

Amend title to conform.

Senator NELL W. SMITH explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILLS

The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:

S. 376 -- Senators Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.

H. 3064 -- Reps. P. Harris, Corning, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.

H. 3074 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.

H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.

H. 3553 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.

Senator McCONNELL spoke on the Bill.

POINT OF ORDER

H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.

Senator McCONNELL raised a Point of Order that under Rule 27E that the Joint Resolution did not contain a fiscal impact statement; and, therefore, could not receive second reading.

The PRESIDENT sustained the Point of Order.

ADOPTED

S. 480 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.

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

H. 3195 -- Reps. Vaughn, Jaskwhich, Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEVELOPMENTAL DISABILITIES COUNCIL, OFFICE OF THE GOVERNOR, FOR DEVELOPING AN OUTSTANDING STATE PLAN ON THE TRANSITION FROM SCHOOL INTO ADULT COMMUNITY LIFE OF PEOPLE WITH DISABILITIES AND TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE LEGISLATIVE RECOMMENDATIONS CONTAINED IN THE STATE PLAN SHOULD BE ENACTED INTO LAW.

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

H. 3226 -- Rep. McElveen: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.

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

RECOMMITTED

S. 706 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITION OF TERMS APPLYING TO PRIVATE NURSING PRACTICE FOR REGISTERED NURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1265, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Joint Resolution was recommitted to the Committee on Medical Affairs.

OBJECTION

S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.

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

Senator ROSE explained the amendment.

Senator LEATHERMAN objected to further consideration.

OBJECTION

S. 268 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

With unanimous consent, Senator O'Dell withdrew the Minority Report.

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

Senators MARTSCHINK and BRYAN objected.

CARRIED OVER

S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.

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

H. 3045 -- Reps. P. Harris and Waldrop: A BILL TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.

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

H. 3205 -- Reps. M.O. Alexander, T.C. Alexander, Cato, Clyborne, Corning, Burch, D. Elliott, Gentry, Haskins, Hayes, Hodges, Houck, J.W. Johnson, Keegan, Kempe, Keyserling, Kinon, Kirsh, Klapman, Manly, L. Martin, Mattos, McElveen, Rudnick, Stoddard, Waldrop, R. Young, Koon, Boan, Wells, Quinn, Neilson, McLeod, T. Rogers, Hallman, Sturkie, McGinnis, Littlejohn, Baxley, Keesley, McKay, Wofford, L. Elliott, Cromer, Fulmer, Lanford, Altman, J. Williams, Huff, Rama, D. Williams, Wilkes, Cole, Smith, Wilkins, Burriss, Carnell, Waites, Foster, P. Harris, Derrick, J. Harris, Phillips, Farr, J.C. Johnson, White, Sharpe and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.

On motion of Senator NELL W. SMITH, the Bill was carried over.

H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.

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

H. 3227 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.

On motion of Senator J. VERNE SMITH, the Resolution was carried over.

MOTION ADOPTED

S. 477 -- Senators Holland, Moore and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-772, SO AS TO REQUIRE A PERSON WHO ASSISTS A VOTER IN PREPARING HIS BALLOT TO COMPLETE A "VOTER'S REQUEST FOR ASSISTANCE FORM," PROVIDE WHAT MUST BE INCLUDED IN THE FORM, WHO MUST MAINTAIN THE COMPLETED FORMS, AND THE PROCEDURE FOR HANDLING THE FORMS IN CASE OF A PROTEST.

With unanimous consent, Senator MATTHEWS' name was withdrawn as a co-sponsor of the Bill.

RATIFICATION OF ACTS

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

(R38) S. 644 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO MINIMUM REQUIREMENTS FOR CROSSOVER BETWEEN LICENSED COSMETOLOGISTS AND MASTER HAIR CARE SPECIALISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R39) S. 717 -- Senator Pope: AN ACT TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE NAME OF THE "MT. PLEASANT" PRECINCT TO THE "CONSOLIDATED NUMBER 5" PRECINCT.

(R40) S. 639 -- Fish, Game & Forestry Committee: AN ACT TO AMEND CHAPTER 18, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AQUACULTURE, SO AS TO CHANGE THE REFERENCE TO RECIPROCAL HYBRID TO HYBRID, REVISE RELATED DEFINITIONS AND REQUIREMENTS FOR DOCUMENTATION OF THE SALE OR TRANSFER OF HYBRIDS, DELETE THE REFERENCE TO BROOD STOCK AND FINGERLINGS OF STRIPED BASS ORIGINATING OUT OF STATE, REVISE THE REQUIREMENTS PERTAINING TO TRANSPORTING DEVICES USED IN THE AQUACULTURE BUSINESS, PROVIDE FOR PERMITTED INSTEAD OF APPROVED SPECIES, DELETE THE REFERENCES TO TAGGED FISH AND SEALED PRODUCTS, REVISE THE FISH TRANSPORTATION AND LABELING REQUIREMENTS, PROVIDE FOR INSPECTION AND SAMPLING IN FACILITIES WHEN EMPLOYEES ARE PRESENT, AND DELETE THE REQUIREMENT FOR SEALED CONTAINERS CONTAINING TWENTY POUNDS OR LESS OF PRODUCT TO BE LABELED.

(R41) S. 231 -- Senator Pope: AN ACT TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED; AND TO AMEND SECTION 42-7-65, RELATING TO THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO ADD VOLUNTEER DEPUTY SHERIFFS TO THE COVERAGE OF THIS SECTION, PROVIDE THAT FOR THIS GROUP THE TOTAL AVERAGE WEEKLY WAGE IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR, PROVIDE THAT A VOLUNTEER DEPUTY SHERIFF IS A VOLUNTEER WHOSE MEMBERSHIP IS CERTIFIED BY THE SHERIFF TO THE GOVERNING BODY OF THE COUNTY, PROHIBIT THE INCLUSION OF VOLUNTEER DEPUTY SHERIFFS UNDER THE PROVISIONS OF TITLE 42 UNLESS APPROVED BY THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY, AND PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR COUNTY PRISONERS IS FORTY DOLLARS A WEEK.

(R42) S. 574 -- Senators McGill and Hinds: AN ACT TO AMEND ARTICLE 12, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2415, SO AS TO PERMIT RUBBER PADDED STEEL FOOT-HOLD TRAPS TO BE USED IN GAME ZONE 9 TO CAPTURE FOX.

(R43) H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.

(R44) H. 3641 -- Rep. Harvin: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.

(R45) H. 3700 -- Rep. Sheheen: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.

(R46) H. 3369 -- Rep. Rhoad: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REQUIRE THE HUNTING OF RACCOON IN GAME ZONE 11 AT NIGHT.

(R47) H. 3178 -- Reps. Chamblee and Cooper: AN ACT TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.

RECESS

At 12:01 P.M. the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY

Folk Heritage Awards

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the Concurrent Resolution:

H. 3284 -- Reps. Keyserling, H. Brown, Rogers, Jaskwhich and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1991 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1991 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 3, 1991, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The PRESIDENT, on behalf of the Senate, appointed Senators COURSON, LAND, MATTHEWS, HAYES and PASSAILAIGUE to the Escort Committee.

The Speaker, on behalf of the House of Representatives, appointed Representatives J. Harris, McGinnis, Ross and Hallman to the Escort Committee.

The Escort Committees of the Senate and House accompanied the winners of the 1991 South Carolina Folk Heritage Award and the members of the 1991 South Carolina Folk Heritage Award Advisory Committee to the rostrum to commend them for their outstanding contributions to folk art in South Carolina.

The PRESIDENT introduced the Speaker of the House who, in turn, introduced the respective award winners who were presented certificates by Representative Keyserling.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:33 P.M., the Senate resumed.

ADJOURNMENT

At 12:36 P.M., on motion of Senator LOURIE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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