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

Thursday, March 26, 1992

(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, hear a parable about the Kingdom of Heaven recorded in St. Matthew, Chapter 13 (v.v.24-25):

"The Kingdom of Heaven is likened unto a man

which sowed good seed in his field: but while

the man slept, his enemy came and sowed weeds

among the wheat... "
Let us pray.

Our Father, help us to identify our real enemies in life... greed... ignorance... unbelief... and many other little devils... and that they may, God forbid, dwell in us.

Give us the courageous stance that, if necessary, we may face the enemies of the good life eyeball to eyeball... and toe to toe.

Give us the sanctified common sense to know when to stop... when to be cautious... and when to GO!

Help us to plant good seeds today in a world that is full of weeds... in the Name of Him who taught us the parable about the Kingdom of Heaven.

Amen.

Call of the Senate

At 11:16 A.M., Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson

The Senate resumed.

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

Doctor of the Day

Senator MULLINAX introduced Dr. Hunter Woodall of Anderson, South Carolina, Doctor of the Day.

Leave of Absence

At 11:00 A.M., on motion of Senator MARTSCHINK, Senator SHEALY was granted a leave of absence for today.

Leave of Absence

At 11:20 A.M., Senator MATTHEWS requested and was granted a leave of absence beginning at 11:30 A.M. today until 12:00 Noon Tuesday, March 31, 1992.

Leave of Absence

At 11:20 A.M., Senator SALEEBY requested and was granted a leave of absence for Monday, March 30, 1992, and Tuesday, March 31, 1992.

Point of Privilege

Senator WILLIAMS rose to a Point of Privilege.

Point of Privilege

Senator LEVENTIS rose to a Point of Privilege.

Message from the House

Columbia, S.C., March 25, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 25, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 25, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 25, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 26, 1992

Mr. President and Members of the Senate:

The House respectfully informs your Honorable Body that it requests the return of:
S. 636 -- Senators Rose and Reese: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESENTATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, WATER RESOURCES COMMISSION, AND THE WILDLIFE AND MARINE RESOURCES COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

OBJECTION

Senator DRUMMOND asked unanimous consent to make a motion that when the Senate adjourns today, that it stand adjourned to meet on Friday, March 27, 1992, for local and uncontested matters and that when the Senate adjourns Friday, that it reconvene in statewide session on Monday, March 30, 1992, at 12:00 Noon; and, further, that the Senate stand in recess pending the receipt by the Clerk of the Finance Committee report on H. 3044 and that when the Clerk receives the report, that the Bill would be placed on the calendar for consideration and, thereafter, the Senate would stand adjourned.

Senator SALEEBY objected.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1429 -- Senator Drummond: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO THOSE GIRL SCOUTS WHO SERVED SO EFFICIENTLY AND EFFECTIVELY AS PAGES IN THE SENATE DURING THE WEEK OF MARCH 9-13, 1992.

On immediate consideration, the Senate Resolution was adopted.

S. 1430 -- Senators Bryan and Stilwell: A CONCURRENT RESOLUTION COMMENDING HAROLD M. ROBERTSON OF COLLETON COUNTY FOR HIS MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (SANTEE COOPER) GOVERNING BOARD.

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

S. 1431 -- Senators Lourie, McConnell, Thomas, Mitchell, J. Verne Smith, Holland, Courson, Washington, Wilson and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.

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

S. 1432 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY CIVIL SERVICE SYSTEM, SO AS TO PROVIDE AN EXEMPTION FROM THE RESIDENCY AND ELECTOR REQUIREMENTS FOR APPLICANTS FOR ENTRY-LEVEL POSITIONS.

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

H. 4623 -- Reps. Carnell, Harvin, Klapman, Tucker, Farr, McAbee, Snow and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE SOUTH CAROLINA HIGHWAY PATROL, AND OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES NOT TO STRICTLY ENFORCE FOR A PERIOD OF NINETY DAYS THE PROVISIONS OF THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT WHICH REQUIRE A PERSON DRIVING A COMMERCIAL MOTOR VEHICLE AFTER APRIL 2, 1992, TO HAVE A COMMERCIAL DRIVER'S LICENSE STIPULATED BY THAT ACT.

Whereas, the South Carolina Commercial Driver License Act in Section 56-1-2070 of the 1976 Code provides in part that: "no person may drive a commercial motor vehicle on the highways of this State after April 2, 1992, unless the person has been issued, and is in immediate possession of, a valid commercial driver license and applicable endorsements valid for the vehicle which the person is driving"; and

Whereas, in order for a person to be issued a commercial driver's license by the Department of Highways and Public Transportation under this act he must first pass a knowledge and skills test for driving a commercial motor vehicle; and

Whereas, at the present time a large number of applicants for a commercial driver's license have not been able to comply with these testing requirements due in part to a shortage of testing facilities and personnel; and

Whereas, the members of the General Assembly, by this resolution, express their belief that an additional period of ninety days beyond the April 2, 1992, deadline is needed so that all applicants will have a fair opportunity to secure the required commercial driver's license. Now, therefore,

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

That the members of the General Assembly hereby direct the Department of Highways and Public Transportation, the South Carolina Highway Patrol, and other state and local law enforcement agencies not to strictly enforce for a period of ninety days the provisions of the South Carolina Commercial Driver License Act which require a person driving a commercial motor vehicle after April 2, 1992, to have a commercial driver's license stipulated by that act.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Highways and Public Transportation and the South Carolina Highway Patrol.

Amended and Adopted,

Returned to the House of

Representatives with Amendments

Senator J. VERNE SMITH asked unanimous consent to take the Resolution up for immediate consideration.

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

Senator LOURIE proposed the following amendment (RES4623.01), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, after line 19, by inserting the following:

/Be it further resolved that the implementation of the provisions of this concurrent resolution are contingent upon a determination that to do as directed in this resolution would not impact in any way the receipt or availability of federal funds to the State of South Carolina./

Renumber sections to conform.

Amend title to conform.

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

H. 4494 -- Reps. Wilkes and Waites: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO HALT UNFUNDED FEDERAL MANDATES TO THE STATE AND ITS LOCALITIES.

Whereas, a continual stream of federal mandates to state and local governments in the form of laws, rules, and regulations has been enacted by the Congress and the executive branch of government; and

Whereas, these mandates are escalating and the majority of them contain no financing mechanism or means of paying for the requirements of the law, rule, or regulation; and

Whereas, the effect of the number and magnitude of these mandates has been to cripple and place a financial hardship on our State, its cities and counties, and to hamstring the hands of our elected officials to do anything about the situation; and

Whereas, the State has found itself in the position of curtailing services and/or raising taxes and/or placing the burden further down the line onto local governments; and

Whereas, the losers in this scenario are the taxpayers of South Carolina who blame their local and state officials for the increases in their taxes when the blame rests with the federal government; and

Whereas, this situation must come to a halt if we are to maintain the fiscal integrity of our State and to have any hand in planning for the future of our State. Now, therefore,

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

That the members of the General Assembly memorialize the South Carolina Congressional Delegation to introduce legislation to halt unfunded federal mandates to the State and its localities and to provide that anytime the Congress passes a law requiring the expenditure of state funds for a new service program or to expand an existing service program or which imposes any direct service or cost obligation on the State, the mandate is suspended unless and until the Congress appropriates the funds to pay for the mandated service.

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

Referred to the Committee on Finance.

H. 4495 -- Reps. Tucker, Felder, McLeod, Sharpe, Haskins, Wright, Riser, Harrison, Klapman, Huff, Wofford, Smith, Snow, Stone, Bruce, Meacham, Baxley, McKay, Mattos, D. Martin and Rogers: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA, IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND OTHER NECESSARY STATE OFFICIALS, TO SEEK THAT RELIEF HE CONSIDERS APPROPRIATE AND ATTAINABLE FROM THE REQUIREMENTS OF THE CONSENT DECREE IN THE CASE OF NELSON V. LEEKE.

Whereas, on January 8, 1985, in the case of Gary Wayne Nelson, et al, vs. William D. Leeke, Commissioner, South Carolina Department of Corrections, and Members of South Carolina Board of Corrections, a consent decree was entered into which obligated the State of South Carolina acting through the Department and Board of Corrections to take certain actions to alleviate the problems caused by prison overcrowding in this State; and

Whereas, this consent decree contained many varied and comprehensive provisions, including those relating to:
(1) a minimum amount of square feet of sleeping space per inmate and a prohibition against double and triple-celling under certain conditions;
(2) restrictions on ward or cubicle-style housing and restrictions on areas deemed suitable for housing of inmates;
(3) restrictions on the use of temporary structures for housing inmates;
(4) a maximum count on the number of prisoners then existing facilities may house, the maximum count for future housing, and a schedule for renovating existing facilities and for construction of new facilities;
(5) staffing and training requirements of employees for safety and security purposes;
(6) required standards for health and food services for inmates; and
(7) vocational training programs for inmates and special standards for female inmates under certain circumstances; and

Whereas, the State of South Carolina and the Board and Department of Corrections, since the execution of this consent decree, have made a good faith effort with all the resources available to comply with the terms of the decree; and

Whereas, the problem of prison overcrowding is nevertheless not improving. Corrections officials estimate that the institutional population of the Department of Corrections is growing at a rate of one hundred fifty inmates per month, may increase more rapidly than this with the addition of new circuit judges, and by 1997 will rise to twenty-three thousand inmates far exceeding the ability of existing and planned facilities to accommodate them; and

Whereas, South Carolina has committed significant and scarce financial resources to this problem. The Department of Corrections' 1991-92 appropriation is $254,515,015 of which $205,154,267 comes from state general funds. Since 1985, the State has spent almost two hundred forty-two million dollars for prison construction, and under the 1992 bond bill, the General Assembly has approved $105,057,866 for the Department of Corrections for the following capital improvement purposes:

(a) Lee County Institution

Additional Funding $23,000,000

(b) Turbeville and Ridgeland

Institutions 22,250,000

(c) 10 96-Bed Additions 6,464,933

(d) 1130-Bed Medium Institution 37,750,000

(e) 576-Bed Replacement -- Aiken

Youth Center 14,300,000

(f) General Renovations 1,292,933

Total $105,057,866 ; and

Whereas, as large as the construction costs are for new prisons, the operating costs are much more. It is not uncommon for the cost to operate the prisons to exceed the construction costs in just three years. If the facilities last twenty-one years, for example, their total operating costs will be at least seven times as great as their construction costs; and

Whereas, building more prison space and continued compliance with all the other requirements of the Nelson consent decree pose a serious fiscal problem for the State at a time of declining revenue growth, coupled with a demand for other services. The percentage of the state budget spent on corrections in South Carolina is increasing every year. As recently as 1988, South Carolina ranked seventh among all states in the percentage of its state budget spent on corrections; and

Whereas, the current economic recession is making it very difficult, if not impossible, for the State to meet all the needs of its citizens, including provisions for adequate health care, education, job and employment opportunities and countless other deserving demands. If the Department of Corrections remains bound to the full requirements of the Nelson consent decree and the State of South Carolina to the funding of these requirements, this without question will impose a hardship on others truly in need; and

Whereas, the members of the General Assembly therefore believe that because of the above reasons it is in the best interest of the people of South Carolina acting through the Attorney General to request appropriate judicial relief from the Nelson consent decree or amendments to the decree so that South Carolina may have the resources to try to deal with this very difficult and complicated problem, as well as having the resources to try to deal with the other very serious problems now facing our State. Now, therefore,

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

That the members of the General Assembly hereby request the Attorney General of South Carolina, in consultation with the Commissioner of the Department of Corrections and other necessary state officials, to seek that relief he considers appropriate and attainable from the requirements of the consent decree in the case of Nelson v. Leeke.

Be it further resolved that a copy of this resolution be forwarded to the Attorney General.

Referred to the Committee on Corrections and Penology.

H. 4564 -- Rep. Phillips: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONTINUE THE AIRPORT IMPROVEMENT PROGRAM SCHEDULED TO EXPIRE ON SEPTEMBER 30, 1992.

Whereas, a balanced, safe, and efficient system of airports and aviation services is essential to the commercial vitality and economic development of South Carolina; and

Whereas, prudent management of the State's existing aviation resources and sound planning for their future development require the ability not only to forecast needs but also the ability to anticipate the resources likely to be available to meet those needs; and

Whereas, like other transportation programs, South Carolina's aviation program relies to a significant measure, but not exclusively, on federal financing; and

Whereas, collectively, the states have sought and supported the development and preservation of a balanced system of airports and other aviation services that can be responsive to the diverse needs of the many geographic regions and economic sectors of the entire country; and

Whereas, the General Assembly of South Carolina believes that it is the mutual responsibility of federal, state, and local governments to continue to support balanced, planned, predictable airport growth and development; and

Whereas, the primary role of the federal government in this endeavor has been and should remain the establishment and maintenance of uniform standards in the area of airport and aviation operations safety; and

Whereas, the primary responsibility of the states in these matters should remain the promotion and development of airport systems based on plans that are integrated and coordinated with other transportation systems, modes, and plans; and

Whereas, local governments, too, play a vital role in the evolution of a well-considered national aviation system by identifying local airport and aviation needs and seeking ways of matching these needs with resources available from state, federal, and nongovernmental resources; and

Whereas, airport development strategies based on a synthesis of local, state, regional, and federal plans and programs make use of pooled technical expertise and financial and other resources; and

Whereas, through close cooperation of local, state, and federal governments, a clearly defined National Plan of Integrated Airport Systems (NPIAS) has been produced, based primarily on approved state, regional, and metropolitan airport systems plans, updated continuously as new information becomes available; and

Whereas, there needs to be a continuing federal airport planning and development program to help finance that portion of the airport and airway system which has been identified in the NPIAS as being of national importance; and

Whereas, implementation of the NPIAS is most appropriately financed by aviation system user taxes and by federal fund appropriations in consideration of the benefits derived by the general public from the total air transportation system; and

Whereas, as long as the need for further airport and aviation service improvements can be demonstrated, federal legislative authorization for the Airport Improvement Program needs to be renewed, and appropriations to the Aviation Trust Fund urgently need to be maintained at annual levels which will permit disbursement of at least the minimum amounts required for continued full funding of airport improvements; and

Whereas, the current federal airport development enabling statute, the Airport Improvement Program, will expire on September 30, 1992, and, with its expiration, the vast bulk of federal aviation funds will vanish. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, memorializes Congress to continue the Airport Improvement Program scheduled to expire on September 30, 1992.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and all eight members of the South Carolina Congressional Delegation, at Washington, D.C.

Referred to the Committee on Transportation.

H. 4611 -- Rep. Baxley: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22-24, 1992, AND THE BLATT BUILDING OCTOBER 21 THROUGH OCTOBER 22, 1992, FOR ITS ANNUAL MEETING.

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

That the South Carolina State Student Legislature is authorized to use the chamber of the Senate and the chamber of the House of Representatives October 22-24, 1992, and the Blatt Building October 21 through October 22, 1992, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate chamber may not be used on these days. If the House is in statewide session on any of these days, the chamber of the House of Representatives and the Blatt Building may not be used on these days.

Be it further resolved that the State House security forces shall provide assistance and access as considered necessary for this meeting in accordance with previous procedures.

Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for the use of these chambers and facilities.

Referred to the Committee on Invitations.

H. 4624 -- Reps. Wells, McGinnis, Beatty, Lanford, Littlejohn, Kempe and Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE JOSEPH DERHAM COLE ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE OF THE 7TH JUDICIAL CIRCUIT, THANK HIM FOR HIS VALUABLE CONTRIBUTIONS AND HIS QUIET AND CONSCIENTIOUS LEADERSHIP IN THE GENERAL ASSEMBLY, AND WISH HIM WELL AS A MEMBER OF THE ESTEEMED BENCH OF THIS STATE.

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

H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.

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

H. 4275 -- Reps. Hallman, D. Martin, Whipper, Corbett, Holt, Barber, R. Young, Fulmer, J. Bailey and Gonzales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-725 SO AS TO ADD THE MAYOR OF MT. PLEASANT, SOUTH CAROLINA, AS AN EX OFFICIO MEMBER OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.

Read the first time and referred to the General Committee.

H. 4309 -- Reps. Boan, Barber, Mattos, Kinon, Kirsh, Rogers, McKay, White, J.W. Johnson, Klapman, Holt, Felder, McTeer, H. Brown, P. Harris, Keyserling, Quinn, McAbee, D. Elliott, Foster, McCraw, J. Harris, Carnell and McGinnis: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF SWORN LAW ENFORCEMENT OFFICERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

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

H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.

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

Introduced and Substituted

H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.

On motion of Senator SALEEBY, with unanimous consent, the Joint Resolution was substituted for S. 1330, which is presently on the Calendar, and S. 1330 was recommitted to the Committee on Transportation.

There was no objection.

H. 4479 was read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.

H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.

Read the first time and on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.

H. 4525 -- 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, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, 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. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.

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

REPORTS OF STANDING COMMITTEES

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable with amendment report on:

S. 246 -- Senator Lourie: A BILL TO AMEND SECTION 35-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER REPRESENTATIVES, SO AS TO BROADEN AND CLARIFY THE CATEGORIES OF PERSONS NOT REQUIRED TO POST BOND.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:

S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable with amendment report on:

H. 3805 -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-100 SO AS TO PROVIDE THAT A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS IN COMPLIANCE WITH CHAPTER 55 OF TITLE 33 HAS AN INSURABLE INTEREST IN ANY LIFE INSURANCE POLICY IN WHICH IT IS IRREVOCABLY NAMED AS A BENEFICIARY.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:

H. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.

Ordered for consideration tomorrow.

CONCURRENCE

S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.

The House returned the Bill with amendments.

On motion of Senator HOLLAND, 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.

HOUSE CONCURRENCE

S. 1059 -- Senator Giese: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE SOUTH CAROLINA ORAL HEALTH TASK FORCE AND ITS RECOMMENDATIONS AND TO COMMEND THE TASK FORCE FOR ITS DEDICATION AND HARD WORK IN ADDRESSING THIS IMPORTANT HEALTH ISSUE.

Returned with concurrence.

Received as information.

S. 1386 -- Senators Passailaigue, McConnell, Fielding, Matthews, Martschink, Helmly, Rose and Washington: A CONCURRENT RESOLUTION TO MEMORIALIZE MR. SEAN O'KEEFE, COMPTROLLER OF THE DEPARTMENT OF DEFENSE, AND THE DEPARTMENT OF DEFENSE TO FAVORABLY CONSIDER CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES, THE TRI-COUNTY AREA OF SOUTH CAROLINA, AS A SITE FOR ONE OF THE REGIONAL CENTERS WHICH IS TO BE CREATED AS A RESULT OF THE CONSOLIDATION OF EXISTING FINANCE AND ACCOUNTING ACTIVITIES.

Returned with concurrence.

Received as information.

S. 1423 -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE COLUMBIA METS FOR WINNING THE 1991 SOUTH ATLANTIC LEAGUE CHAMPIONSHIP AND TO THANK THEM FOR THEIR CONTRIBUTION OF WHOLESOME FAMILY ENTERTAINMENT TO THE RESIDENTS OF THIS STATE.

Returned with concurrence.

Received as information.

S. 1359 -- Senators Peeler, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT LEGISLATION TO POSTPONE THE IMPLEMENTATION OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 SO AS TO PROVIDE THAT THE DATE FOR THE LICENSING OF COMMERCIAL DRIVERS SHALL NOT TAKE EFFECT UNTIL APRIL 2, 1993.

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

H. 3885 -- Rep. J. Bailey: A BILL TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.

H. 4115 -- Reps. Phillips and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE AND LOCAL FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.

HOUSE BILL RETURNED

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.

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

Third Reading Bills

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

S. 1366 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, REINSURANCE INTERMEDIARY-BROKERS, AND REINSURANCE INTERMEDIARY-MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.

Read the Third Time

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.

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

There was no objection.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

Read the Third Time

S. 1415 -- Education 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, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Objection

Senator SETZLER asked unanimous consent that H. 4525 be substituted for S. 1415.

Senator MOORE objected.

The Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

S. 1351 -- Senators McConnell and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE THAT WITHHOLDING VISITATION FROM A PARENT MAY CONSTITUTE A MATERIAL CHANGE IN CIRCUMSTANCES JUSTIFYING A CHANGE IN CHILD CUSTODY.

H. 3681 -- Reps. Waites, Wright, Jaskwhich, Sheheen, Beatty, Keesley, Wilder, Short and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS.

SECOND READING BILLS

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

H. 4583 -- Reps. Jennings and Beasley: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO CHANGE THE MARLBORO COUNTY BOARD OF EDUCATION FROM SEVEN TO NINE MEMBERS, TO PROVIDE THAT ALL MEMBERS MUST BE ELECTED IN 1992 EXCEPT THOSE WHOSE TERMS DO NOT EXPIRE IN 1992, TO CHANGE THE SINGLE-MEMBER DISTRICTS FROM SIX DISTRICTS TO EIGHT DISTRICTS WHICH CORRESPOND TO THE ELECTION DISTRICTS FOR THE ELECTION OF MEMBERS TO THE COUNTY COUNCIL OF MARLBORO COUNTY, AND TO PROVIDE PER DIEM OF THIRTY-FIVE DOLLARS A MEETING.

Senator SALEEBY explained the Bill.

S. 1324 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 12-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSTRUMENTS OF CONVEYANCE NOT BE RECORDED UNLESS STAMPED AND ACCOMPANIED BY AN AFFIDAVIT OF TRUE CONSIDERATION, SO AS TO EXEMPT CONVEYANCES OF THE FEDERAL GOVERNMENT FROM THE REQUIREMENTS OF FILING THE AFFIDAVIT.

RECOMMITTED

S. 1330 -- Senators Land, Leatherman and Leventis: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.

Senator SALEEBY asked unanimous consent to recommit the Resolution to the Committee on Transportation.

There was no objection.

CARRIED OVER

S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-2735 AND 58-15-1625 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND TO PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING; TO AMEND SECTIONS 56-5-2710, 56-5-2720, 56-5-2775, AND 56-5-3210, RELATING TO THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND PENALTIES FOR VIOLATIONS, SO AS TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED, TO REQUIRE ADDITIONAL VEHICLES TO STOP AT RAILROAD CROSSINGS, CLARIFY EXEMPTIONS, AND TO EXEMPT FROM THE REQUIREMENT VEHICLES SUBJECT TO FEDERAL MOTOR CARRIER SAFETY RULES ADOPTED BY THE DIVISION OF MOTOR VEHICLES, TO EXTEND THE SPECIFIC PENALTIES FOR VIOLATING SECTION 56-5-2720 TO ADDITIONAL OFFENSES INVOLVING RAILROAD CROSSINGS, AND TO EXTEND THE SPECIFIC PENALTIES OF SECTION 56-5-3210 TO ADDITIONAL OFFENSES.

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

H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.

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

H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.

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

H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Committee Amendment Tabled, Amended,

Amendment Proposed, Carried Over

S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.

On motion of Senator NELL W. SMITH, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator BRYAN argued contra to the adoption of the amendment.

Senator BRYAN moved to lay the amendment proposed by the Committee on Judiciary on the table.

The amendment proposed by the Committee on Judiciary was laid on the table.

Amendment No. 1

Senator BRYAN proposed the following Amendment No. 1 (JUD1253.004), which was adopted:

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

/SECTION 1. Section 20-7-420 of the 1976 Code, as last amended by Act 548 of 1990, is further amended by adding an appropriately numbered item to read:

"( ) To order parties in domestic litigation to an initial meeting with a qualified professional mediator pursuant to the limitations and requirements of Section 20-7-105; to set the fee for the initial meeting with the mediator; and to assign the costs of mediation to one or more of the parties in the litigation."

SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-105. Pursuant to Section 20-7-420, parties in domestic litigation may be ordered by the court to an initial meeting with a qualified professional mediator who shall assess if mediation is an appropriate alternative for dispute resolution. If mediation is determined to be appropriate, the mediator shall offer the service to the parties. Mediation is voluntary, is limited to custody and visitation issues or to any issues agreed upon by the parties, and must be conducted in accordance with recognized professional standards approved by the South Carolina Supreme Court. The mediator must not testify about or divulge any facts disclosed during the mediation or make any recommendations without the consent of the parties, except as required by Article 7 of Chapter 7 of Title 20. As used in this section, mediator means an independent and impartial third party who promotes or facilitates the resolution of a dispute between parties in a voluntary procedure."

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

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

Amendment No. 2

Senator LOURIE proposed the following Amendment No. 2 (JUD1253.005):

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-105. Parties in domestic litigation may meet with a qualified professional mediator who shall assess if mediation is an appropriate alternative for dispute resolution. If mediation is determined to be appropriate, the mediator shall offer the service to the parties. Mediation is voluntary, is limited to custody and visitation issues or to any issues agreed upon by the parties, and must be conducted in accordance with recognized professional standards approved by the South Carolina Supreme Court. The mediator must not testify about or divulge any facts disclosed during the mediation or make any recommendations without the consent of the parties, except as required by Article 7 of Chapter 7 of Title 20. When any mediated settlement is proposed to the court, the court must appoint a guardian ad litem in order to represent the best interests of any child involved. As used in this section, mediator means an independent and impartial third party who promotes or facilitates the resolution of a dispute between parties in a voluntary procedure."

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

Amend title to conform.

Senator LOURIE explained the amendment.

Senator BRYAN spoke on the amendment.

On motion of Senator LOURIE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

S. 249 -- Senator Waddell: 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 EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

Senator BRYAN moved that the Senate go into Executive Session prior to recess or adjournment.

The motion was adopted.

MOTION ADOPTED

Senator DRUMMOND moved that when the Senate adjourns today, that it stand adjourned to meet on Friday, March 27, 1992, for local and uncontested matters and that when the Senate adjourns Friday, that it reconvene in statewide session on Monday, March 30, 1992, at 12:00 Noon.

The motion was adopted.

MOTION ADOPTED

Senator DRUMMOND moved that the Senate stand in recess pending the receipt by the Clerk of the Finance Committee report on H. 3044 and that when the Clerk receives the report, that the Bill would be placed on the calendar for consideration and, thereafter, the Senate would stand adjourned.

Senator SALEEBY spoke on the motion.

Senator LOURIE spoke on the motion.

The motion was adopted.

Point of Personal Privilege

Senator J. VERNE SMITH rose to a Point of Personal Privilege.

Senator BRYAN moved that the Senate go into Executive Session in accordance with a prior motion.

EXECUTIVE SESSION

On motion of Senator BRYAN, the seal of secrecy was removed, and the Senate stood in recess.

RECESS

At 3:30 P.M., on motion of Senator DRUMMOND, the Senate receded from business pending the receipt of the Finance Committee report on H. 3044.

NIGHT SESSION

The Senate reassembled at 11:23 P.M. and was called to order by the PRESIDENT.

REPORT OF STANDING COMMITTEE

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

H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO AMEND SECTION 12-7-1235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN.

Ordered for consideration tomorrow.

ADJOURNMENT

At 11:27 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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