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

Monday, March 30, 1992

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 wise man of old in Proverbs, Chapter 4 (v.v.23, 25):

"Keep your heart with all vigilance;

for from it flow the springs of life...

Let your eyes look directly forward and your

gaze be straight before you."
Let us pray.

O Thou, our Omnipotent and Ever-present God:
You have joined eternity and time in the human soul.
Make us conscious of the fact that our lives live out in both spheres of existence.

We marvel at the mystery of how You have shaped the times of our life in specific moments: minutes, hours, and days... each when gone shall never return. We shall never again have the opportunity to do a duty that we should do today.

Help us to pack fulfillment and achievement into the hours that You will give us today... exercising the wisdom of mankind's past experience.

In the Holy Name, we pray.

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 24, 1992
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, Spartanburg County Voter Registration Board, with term to expire March 15, 1994:

Mr. James H. Williams, 108 Lansdale Drive, Spartanburg, South Carolina 29302

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

March 25, 1992
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Local Appointment

Reappointment, Member, Spartanburg County Voter Registration Board, with term to expire March 15, 1994:

Mrs. Eudora W. Graham, 120 Somerset Lane, Spartanburg, South Carolina 29302

Statewide Appointment

Initial Appointment, Member, Juvenile Parole Board, with term to expire June 30, 1995:

At-Large:

Ms. Emma D. Holmes, Route 1, Box 92, Georgetown, South Carolina 29440 VICE Clifford Mays

Referred to the Committee on Corrections and Penology.

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

March 26, 1992
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Initial Appointment, Member, State Development Board, with term to expire May 21, 1997:

9th Judicial Circuit:

Mr. David B. McCormack, Buist, Moore, Smythe & McGee, Post Office Box 999, Charleston, South Carolina 29402 VICE Frances Shipley

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

March 30, 1992
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Local Appointments

Initial Appointments Under Act 678 of 1988, Union County Magistrates, with terms to expire April 30, 1995:

Mr. Earl H. Hyder, Union County Courthouse, Union, South Carolina 29379

Mr. Jack B. Webber, Post Office Box 357, Lockhart, South Carolina 29364

Ms. Sarah M. Smith, Post Office Box 35, Carlisle, South Carolina 29031

Ms. Catherine Smith, Post Office Box 484, Jonesville, South Carolina 29353

Leave Of Absence

At 12:00 Noon, on motion of Senator MARTSCHINK, Senator SHEALY was granted a leave of absence for today.

Leave Of Absence

At 2:05 P.M., on motion of Senator STILWELL, Senator BRYAN was granted a leave of absence for today.

Leave Of Absence

At 2:05 P.M., on motion of Senator MULLINAX, Senator MACAULAY was granted a leave of absence for today.

Remarks by Senator COURSON

Senator COURSON, Chairman of the Committee on Invitations, with unanimous consent, addressed the Senate relative to future enforcement of Rule 36, and indicated that pursuant to the instructions of the Committee on Invitations, and unless otherwise directed by the Senate, the Chairman of the Committee on Invitations would strictly enforce the provisions of Rule 36.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1433 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE LOUISE D. HARBIN OF OCONEE COUNTY UPON HER RETIREMENT AFTER FORTY-EIGHT YEARS WITH THE OCONEE COUNTY OFFICE FOR THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO WISH HER WELL IN HER RETIREMENT.

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

S. 1434 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.

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

S. 1435 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO CONDITION OR REQUIREMENT OF A LICENSE OR PERMIT ISSUED BY A STATE AGENCY MAY BE ENFORCED IF NOT PROMULGATED AS A REGULATION; BY ADDING SECTION 1-23-115 SO AS TO REQUIRE AN ASSESSMENT REPORT ON REGULATIONS THAT MAY HAVE A SUBSTANTIAL ECONOMIC IMPACT ON PERSONS AND TO PROVIDE EXEMPTIONS AND FOR THE CONTENTS OF THE REPORT; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS UNDER THE STATE REGISTER AND CODE OF REGULATIONS, SO AS TO REVISE THE DEFINITION OF "REGULATION" TO INCLUDE AGENCY ACTIONS WHICH MAY HAVE A SUBSTANTIAL ECONOMIC IMPACT ON PERSONS; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO REQUIREMENTS FOR PROMULGATING REGULATIONS, SO AS TO REVISE THESE REQUIREMENTS TO INCLUDE SUBMITTING ASSESSMENT REPORTS WHICH ALSO MUST BE MADE AVAILABLE TO THE PUBLIC; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO REQUIREMENTS OF GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO PROVIDE THAT A COPY OF THE ASSESSMENT REPORT MUST BE SUBMITTED WHEN A REGULATION IS SUBMITTED FOR REVIEW AND TO PROVIDE THAT A REGULATION CONTAINING AN ASSESSMENT REPORT IS DISAPPROVED IF IT IS NOT APPROVED BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS OF BEING SUBMITTED TO THE GENERAL ASSEMBLY; AND TO AMEND SECTION 1-23-130, RELATING TO EMERGENCY REGULATIONS, SO AS TO PROVIDE THAT THE AGENCY MUST OBTAIN A STATEMENT FROM THE GOVERNOR THAT AN EMERGENCY EXISTS BEFORE FILING WITH THE LEGISLATIVE COUNCIL.

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

S. 1436 -- Senators Leatherman, Peeler, J. Verne Smith, Helmly, Matthews and Nell W. Smith: A BILL TO AMEND SECTION 44-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF THE CERTIFICATE OF NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE REFERENCES FROM THE STATE MEDICAL FACILITIES PLAN TO THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "AFFECTED PERSON", "HEALTH CARE FACILITY", "HEALTH SERVICE", AND TO ADD THE DEFINITION OF "LIKE EQUIPMENT WITH SIMILAR CAPABILITIES"; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED, SO AS TO DELETE PROVISIONS RELATING TO ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR LOCATED IN A HEALTH CARE FACILITY; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO THE INITIATION OF SERVICES THROUGH CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS AND TERMS, AND TO PROVIDE THAT THE COMMITTEE SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO REVISE THE CONTENT, APPROVAL, AND REVISION PROCEDURES FOR THE PLAN; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO CERTIFICATE OF NEED APPLICATIONS, SO AS TO PROHIBIT CERTAIN DEPARTMENT PERSONNEL FROM COMMUNICATING WITH OTHER PERSONS ABOUT PENDING APPLICATIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOLLOWING COMPLETION OF A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR PROJECT REVIEW CRITERIA AND PROCEDURES; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO THE NONTRANSFERABILITY OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE AND TO EXTEND A CERTIFICATE OF NEED FROM SIX MONTHS TO ONE YEAR ON MAJOR HOSPITAL CONSTRUCTION PROJECTS; TO AMEND SECTION 44-7-240, AS AMENDED, RELATING TO A STATE CONSTRUCTION PROGRAM, SO AS TO CHANGE THE REFERENCE FROM STATE FACILITIES PLAN TO STATE HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS APPOINTED TO THE HEALTH PLANNING COMMITTEE.

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

S. 1437 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.

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

H. 3873 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.

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

H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.

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

H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.

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

H. 3876 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF STONE CRABS, SO AS TO PROVIDE FOR THE REMOVAL OF THE CLAW ATTACHED TO THE RIGHT SIDE OF THE BODY INSTEAD OF THE LARGER OF THE TWO CLAWS.

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

H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.

Read the first time and referred to the General Committee.

H. 4257 -- Rep. Cromer: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO ELIMINATE THE EXCEPTION PROVIDING THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO FOWL.

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

H. 4397 -- Rep. Wilkes: A BILL TO AMEND SECTION 12-7-1225, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR THE CONSTRUCTION AND INSTALLATION OR RESTORATION OF WATER IMPOUNDMENTS AND WATER CONTROL STRUCTURES, SO AS TO PROVIDE A CREDIT FOR STRUCTURES DESIGNED FOR WATER QUALITY PROTECTION AND IMPROVEMENT AND PROVIDE REQUIREMENTS FOR PROOF OF EXEMPTION FROM PERMIT REQUIREMENTS.

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

H. 4438 -- Reps. Snow, G. Brown, Farr, Koon, Smith, Sharpe, Bennett, Riser, McLeod, D. Elliott, Rhoad, Bruce, Harvin, McTeer, Wilder, Altman and Waldrop: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.

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

REPORTS OF STANDING COMMITTEES

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:

S. 446 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA PRODUCTIVITY AWARD TO RECOGNIZE MANUFACTURING COMPANIES, SERVICE COMPANIES, AND THE SMALL BUSINESSES OF SOUTH CAROLINA FOR THEIR CONTRIBUTIONS TO THE STATE ECONOMY THROUGH IMPROVEMENTS IN PRODUCTIVITY AND THE QUALITY OF THE WORK ENVIRONMENT.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:

S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.

Ordered for consideration tomorrow.

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

S. 1226 -- Senators Reese, Courtney and Gilbert: A BILL TO AMEND SECTION 47-13-1350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING OF HORSES BEFORE ENTRY INTO SOUTH CAROLINA, SO AS TO PROVIDE AN EXCEPTION; AND TO AMEND SECTION 47-13-1370, AS AMENDED, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA FOR A PUBLIC ASSEMBLY OF HORSES, SO AS TO REQUIRE A BLOOD SAMPLE DRAWN EACH TIME A HORSE IS OFFERED FOR SALE AT APPROVED AUCTION MARKETS.

Ordered for consideration tomorrow.

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

S. 1370 -- Senator Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90 SO AS TO PROHIBIT A GOVERNMENTAL ENTITY FROM SELLING AN AGRICULTURAL OR HORTICULTURAL PRODUCT.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:

H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:

H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.

Ordered for consideration tomorrow.

CONCURRENCE

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.

The House returned the Bill with amendments.

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

CONCURRENCE

S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.

The House returned the Bill with amendments.

Senator SETZLER explained the House 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.

NON-CONCURRENCE RECONSIDERED,

HOUSE AMENDMENTS AMENDED,

RETURNED TO THE HOUSE WITH AMENDMENTS

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.

Having voted on the prevailing side, Senator WILLIAMS asked unanimous consent, to make a motion to reconsider the vote whereby the Senate non-concurred in the House amendments.

There was no objection.

Senator ROSE proposed the following amendment (RES636.02), which was adopted:

Amend the joint resolution, as and if amended, page 2, by striking lines 17 and 18.

Amend the joint resolution further, as and if amended, page 2, line 16, by striking /;/ and inserting /./

Amend the joint resolution further, as and if amended, page 2, line 14, by placing the word /and/ after the /;/.

Renumber sections to conform.

Amend title to conform.

Senator ROSE explained the amendment.

There being no further amendments, the Joint Resolution was ordered returned to the House of Representatives with amendments.

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

READ THE THIRD TIME,

ORDERED ENROLLED FOR RATIFICATION

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.

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

There was no objection.

Senator LOURIE explained the Bill.

The Bill was read the third time, passed and ordered enrolled for ratification.

THIRD READING BILL

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

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.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

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.

Amended, Read the Second Time

with Notice of General Amendments

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.

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

Senators SALEEBY and LOURIE proposed the following amendment (JUD4479.001), which was adopted:

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

/SECTION 1. The South Carolina Department of Highways and Public Transportation shall require that asphalt used in projects approved by bid by the department may include river gravel, unless prohibited by federal statute or federal regulation.

SECTION 2. This resolution is effective for one year upon approval of the Governor./

Amend title to conform.

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

SECOND READING BILLS

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

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.

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.

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 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 HINDS, with unanimous consent, 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, with unanimous consent, the Bill was carried over.

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.

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

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 WILFUL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was carried over.

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.

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

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.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3044 (THE GENERAL APPROPRIATION BILL).

COMMITTEE AMENDMENT ADOPTED, READ THE SECOND

TIME WITH NOTICE OF GENERAL AMENDMENTS

ON THIRD READING

H. 3044

GENERAL APPROPRIATION BILL

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

Senator DRUMMOND spoke on the Bill.

Motion Adopted

On motion of Senator DRUMMOND, with unanimous consent, staff members from the Budget and Control Board and the Senate Finance Committee were admitted to the floor of the Senate Chamber while debate was in progress on H. 3044.

Senator J. VERNE SMITH spoke on the Bill.

Senator SETZLER spoke on the Bill.

Senator LAND spoke on the Bill.

Senator DRUMMOND moved that the amendment proposed by the Committee on Finance be adopted.

Senator WASHINGTON spoke on the motion.

The amendment proposed by the Committee on Finance (DKA3772.HC) was adopted as follows:

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

/DIVISION I

Provisions Affecting Revenue

SECTION 1. Notwithstanding the provisions of Section 12-7-1235 of the 1976 Code, and for taxable year 1992 only, the income tax credit allowed by that section applies with respect to support paid for a person maintained in an institution providing nursing facility level of care or payments to a provider for in-house or community care for persons determined to meet nursing facility level of care criteria as certified by a licensed physician.

SECTION 2. The provisions of Section 44-7-84(D) of the 1976 Code are suspended during fiscal year 1992-93.

SECTION 3. Notwithstanding the provisions of subsections (A) and (C) of Section 12-23-810 of the 1976 Code, for fiscal year 1992-93 only the hospital tax imposed pursuant to Article 11, Chapter 23, Title 12 of the 1976 Code must be based on the total expenditures by each hospital as a percentage of total hospital expenditures statewide. Total revenue from the tax for fiscal year 1992-93, exclusive of interest and penalties, must equal twenty-one and one-half million dollars.

SECTION 4. Notwithstanding the provisions of the last paragraph of Section 12-36-2610 of the 1976 Code, the maximum discount allowed a taxpayer pursuant to that section for the 1992-93 fiscal year is three thousand dollars.

DIVISION II

Appropriations for Fiscal Year 1992-93

SECTION 1. Except as otherwise provided in this act, the provisions of Part I of Act 171 of 1991, which are incorporated by reference into this act, constitute the general appropriations act for fiscal year 1992-93, mutatis mutandis.

DIVISION III

Adjustments to Appropriations and Revenues

SECTION 1. General fund appropriations and the revenue estimate applicable for fiscal year 1992-93 are adjusted from those provided in Part I of Act 171 of 1991 as follows:

SECT. 3A LEG DEPT - SENATE (371,742)
SECT. 3B LEG DEPT - HOUSE (420,578)
SECT. 3C LEG DEPT - SPECIAL
SERVICES-BOTH HOUSES (15,418)
SECT. 3D LEG DEPT - CODE OF LAWS

LEG COUNCIL (104,191)
SECT. 3E LEG DEPT - LEG PRINT &

INFO TECH (130,985)
SECT. 3F LEG DEPT - LEG AUDIT

COUNCIL (53,798)
SECT. 3G LEG DEPT - LEG INFO

SYSTEMS (83,961)
SECT. 3H LEG DEPT - REORGANIZATION

COMM (50,772)
SECT. 3I ADVISORY COMM INTERGOV

RELATIONS (12,467)
SECT. 3J2 JT LEG COMM - ENERGY (6,125)
SECT. 3J4 JT LEG COMM - APPROP

REVIEW (13,961)
SECT. 3J5 JT LEG COMM - HEALTH

CARE PLANNING (7,745)
SECT. 3J6 JT LEG COMM - ALCOHOL

& DRUG ABUSE (1,371)
SECT. 3J7 JT LEG COMM - STATE

BIDDING PRACTICES (249)
SECT. 3J8 JT LEG COMM - TOBACCO

ADVISORY (110)
SECT. 3J9 JT LEG COMM - EDUCATION

STUDY (796)
SECT. 3J10 JT LEG COMM -

TEXTILE-APPAREL STUDY (1,058)
SECT. 3J11 JT LEG COMM -

STATE EMPLOYEES (127)
SECT. 3J12 JT LEG COMM - HANDICAPPED (1,877)
SECT. 3J13 JT LEG COMM - INSURANCE

LAW & STUDY (4,004)
SECT. 3J14 JT LEG COMM - PUBLIC

TRANSPORTATION (1,372)
SECT. 3J15 JT LEG COMM - AGING STUDY (4,009)
SECT. 3J20 JT LEG COMM - MNTL

HLTH/MNTL RETRD (5,031)
SECT. 3J21 JT LEG COMM - TOURISM

& TRADE (2,283)
SECT. 3J24 JT LEG COMM - CHILDREN'S

COMMITTEE (2,846)

GUARDIAN AD LITEM (1,668,646)
SECT. 3J25 JT LEG COMM - CRIME STUDY (19)
SECT. 3J28 JT LEG COMM - AQUACULTURE (178)
SECT. 3J29 JT LEG COMM - CULTURAL

AFFAIRS (3,360)
SECT. 3J30 JT LEG COMM - ELECTION

LAW STUDY (1,119)
SECT. 3J31 JT LEG COMM - EIA

SELECT COMMITTEE 0
SECT. NEW JT LEG COMM - JOINT

BOND REVIEW 75,000
SECT. 4 JUDICIAL DEPARTMENT (537,562)
SECT. 4A SENTENCING GUIDELINES

COMMISSION (4,418)
SECT. 5A GOV OFFICE - EXECUTIVE

CONTROL (63,578)
SECT. 5B GOV OFFICE - SLED (681,881)
SECT. 5C GOV OFFICE - EXECUTIVE

POLICY (323,305)
SECT. 5D GOV OFFICE - MANSION

& GROUNDS (10,414)
SECT. 6 LIEUTENANT GOVERNOR (13,560)
SECT. 7 SECRETARY OF STATE (67,334)
SECT. 8 COMPTROLLER GENERAL (216,925)
SECT. 9 STATE TREASURER (178,947)
SECT. 10 ATTORNEY GENERAL (322,709)
SECT. 10A PROSECUTION COORDINATION

COMMISSION (278,007)
SECT. 11 COMM ON APPELATE DEFENSE (42,216)
SECT. 12 ADJUTANT GENERAL (273,052)
SECT. 13 ELECTION COMMISSION 1,080,822
SECT. 14A B & C - EXEC DIRECTOR (66,543)
SECT. 14B B & C - INTERNAL

OPERATIONS (71,715)
SECT. 14C B & C - FINANCIAL

DATA SYSTEMS (128,919)
SECT. 14D B & C - BUDGET DIVISION (47,824)
SECT. 14E B & C - RESEARCH &

STATISTICS (172,515)
SECT. 14F B & C - INFORMATION

RESEARCH MGMT (98,503)
SECT. 14G B & C - GENERAL SERVICES (321,004)
SECT. 14H B & C - STATE FIRE MARSHAL (61,236)
SECT. 14I B & C - MOTOR VEHICLE

MANAGEMENT (129,382)
SECT. 14J B & C - INSURANCE SERVICES 0
SECT. 14K B & C - DIV OF HUMAN

RESOURCE MGMT (141,876)
SECT. 14L B & C - LOCAL GOVERNMENT (653,630)
SECT. 14M B & C - STATE AUDITOR (199,377)
SECT. 14N B & C - BD OF ECONOMIC

ADVISORS (18,100)
SECT. 14O B & C - RETIREMENT 0
SECT. 14P B & C - EMPLOYEE BENEFITS 9,541,210
SECT. 14Q B & C - CAPITAL

EXPENDITURE FUND 213,135
SECT. 15 HIGHER EDUCATION

COMMISSION 5,812,781
SECT. 16 HIGHER ED TUITION

GRANTS COMMISSION (841,866)
SECT. 17 CITADEL (652,332)
SECT. 18 CLEMSON (3,919,395)
SECT. 19 COLLEGE OF CHARLESTON (1,039,004)
SECT. 20 FRANCIS MARION (607,372)
SECT. 21 LANDER (398,313)
SECT. 22 S C STATE (931,155)
SECT. 23A USC - COLUMBIA (6,032,991)
SECT. 23B USC - MEDICAL SCHOOL (925,495)
SECT. 23C USC - AIKEN (367,788)
SECT. 23D USC - COASTAL (509,762)
SECT. 23E USC - SPARTANBURG (465,438)
SECT. 23F USC - BEAUFORT (86,168)
SECT. 23G USC - LANCASTER (117,518)
SECT. 23H USC - SALKAHATCHEE (85,716)
SECT. 23I USC - SUMTER (161,637)
SECT. 23J USC - UNION (45,600)
SECT. 24 WINTHROP (959,641)
SECT. 25A MUSC (4,008,304)
SECT. 25B MUSC - HOSPITAL (927,824)
SECT. 25C MUSC - EXTENSION (720,535)
SECT. 26 ADV COUNCIL VOC

& TECH ED (4,086)
SECT. 27 TECH & COMPREHENSIVE BD (5,797,223)
SECT. 28 EDUCATION DEPT (23,722,194)
SECT. 29 EDUCATIONAL TELEVISION

COMMISSION (917,539)
SECT. 30 WIL LOU GRAY

OPPORT SCHOOL (82,959)
SECT. 31 VOCATIONAL

REHABILITATION (752,159)
SECT. 32 DEAF AND BLIND SCHOOL (315,960)
SECT. 33 ARCHIVES AND HISTORY (210,582)
SECT. 34 CONFEDERATE RELIC ROOM (10,112)
SECT. 35 STATE LIBRARY (303,372)
SECT. 36 ARTS COMMISSION (181,293)
SECT. 37 MUSEUM COMMISSION (183,424)
SECT. 38A HEALTH AND HUMAN SERVICES

FINANCE COMMISSION 16,493,427
SECT. 38B CONTINUUM OF CARE (117,476)
SECT. 39 DEPT OF HEALTH AND

ENVIRONMENTAL CONTROL (3,903,109)
SECT. 40 MENTAL HEALTH (8,456,085)
SECT. 41 MENTAL RETARDATION (2,322,301)
SECT. 42 ALCOHOL AND DRUG ABUSE (499,843)
SECT. 43 DEPT OF SOCIAL SERVICES (5,481,100)
SECT. 44 JOHN DE LA HOWE SCHOOL (101,628)
SECT. 45 FOSTER CARE REVIEW BD (55,945)
SECT. 46 BLIND COMMISSION (166,102)
SECT. 47 AGING COMMISSION (124,244)
SECT. 48 HOUSING AUTHORITY (23,883)
SECT. 49 HUMAN AFFAIRS (90,205)
SECT. 50 VETERANS AFFAIRS (63,152)
SECT. 51 COMMISSION ON WOMEN (3,897)
SECT. 52 DEPT OF CORRECTIONS (336,481)
SECT. 53 PROBA PAROLE AND

PARDON SVC (723,995)
SECT. 54 DEPT OF YOUTH SERVICES (854,518)
SECT. 55 LAW ENFORCEMENT

TRAINING COUNCIL 0
SECT. 56 LAW ENFORCEMENT

OFFICERS' HALL 0
SECT. 57 WATER RESOURCES

COMMISSSION (210,758)
SECT. 58 LAND RESOURCES (161,047)
SECT. 59 FORESTRY COMMISSION (828,376)
SECT. 60 AGRICULTURE DEPARTMENT (316,805)
SECT. 61 CLEMSON - PSA (2,163,271)
SECT. 62 MIGRATORY WATERFOWL COMM (1,511)
SECT. 63 WILDLIFE AND MARINE

RESOURCES (968,459)
SECT. 64 COASTAL COUNCIL (77,021)
SECT. 65 SEA GRANT CONSORTIUM (25,315)
SECT. 66 PARKS RECREATION

& TOURISM (765,289)
SECT. 67 DEVELOPMENT BOARD (419,871)
SECT. 68 S C ECON DEV COORDINATION 0
SECT. 69 S C JOBS ECON

DEV AUTHORITY (33,443)
SECT. 70 PATRIOTS POINT

DEVELOPMENT AUTHORITY 0
SECT. 71 SAVANNAH VALLEY AUTHORITY (78,234)
SECT. 71A COLUMBIA QUINCENTENNIAL

COMMISSION 0
SECT. 72 OLD EXCHANGE BUILDING (6,139)
SECT. 73 PUBLIC SERVICE COMMISSION (358,537)
SECT. 74 WORKERS' COMPENSATION

COMMISSION (186,468)
SECT. 75 STATE WORKERS'

COMPENSATION FUND 1,550,715
SECT. 76 PATIENTS'

COMPENSATION FUND 0
SECT. 77 SECOND INJURY FUND 0
SECT. 78 INSURANCE DEPT (261,338)
SECT. 79A FIN INST BD -

ADMINISTRATION (1,254)
SECT. 79B FIN INST BD - EXAMINING (55,377)
SECT. 79C FIN INST BD - CONSUMER

FINANCE (22,835)
SECT. 80 DEPT OF CONSUMER AFFAIRS (110,812)
SECT. 81 LABOR DEPT (206,662)
SECT. 82 TAX COMMISSION (1,746,249)
SECT. 83 ABC COMMISSION (204,569)
SECT. 84 STATE ETHICS COMMISSION (13,430)
SECT. 85 EMPLOYMENT SECURITY COMM (9,870)
SECT. 86 ACCOUNTANCY BOARD (18,348)
SECT. 87 ARCHITECTURAL EXAM BD (14,328)
SECT. 88 AUCTIONEER COMM (7,909)
SECT. 89 BARBER EXAM BD (10,153)
SECT. 90 STATE BOXING COMMISSION (1,427)
SECT. 91 CEMETERY BD (23,679)
SECT. 92 CHIROPRACTIC EXAM BD (3,612)
SECT. 93 CONTRACTOR'S LICENSING BD (20,077)
SECT. 94 COSMETOLOGY BD (25,526)
SECT. 95 DENTISTRY BD (12,504)
SECT. 96 PROF ENGINEERS & LAND

SURVEYOR BD 77,661
SECT. 97 ENVIRONMENTAL

CERTIFICATION BD (10,205)
SECT. 98 FORESTER'S REGISTRATION BD 290
SECT. 99 FUNERAL SERVICES BD (739)
SECT. 100 GEOLOGISTS REGISTRATION

BOARD (2,814)
SECT. 101 MEDICAL EXAM BD (35,928)
SECT. 102 NURSING BD (40,557)
SECT. 103 NURSING HOME ADM-RES

CARE FACILITY

ADMINISTRATORS EXAM BD 39,246
SECT. 104 OCCUPATIONAL THERAPY BD (1,081)
SECT. 105 OPTICIANRY EXAM BD 460
SECT. 106 OPTOMETRY EXAM BD 167
SECT. 107 BD OF PHARMACY (14,491)
SECT. 108 PHYSICAL THERAPIST EXAM BD 1,693
SECT. 109 PODIATRY EXAM BD (238)
SECT. 110 PRO COUNSELORS &

THERAPIST BD (3,277)
SECT. 111 PSYCHOLOGY BD OF EXAM 6,283
SECT. 112 REAL ESTATE COMM (148,702)
SECT. 113 RESIDENTIAL HOME BLDR

COMMISSION (48,179)
SECT. 114 REGISTERED SANITARIAN BD (5,840)
SECT. 115 SOCIAL WORKER'S REG BD 2,001
SECT. 116 SPEECH PATH & AUDIO

EXAM BD (881)
SECT. 117 VETERINARY MEDICAL

EXAM BD 496
SECT. 118 PROCUREMENT &

REVIEW PANEL (5,986)
SECT. 119 DEBT SERVICE - REGULAR 6,878,869

HUGO 32,859,468
SECT. 122 AID TO SUBDIVISIONS 14,010,091
SECT. 123 AERONAUTICS COMMISSION (136,802)
SECT. 124 DEPT OF HIGHWAYS AND

PUBLIC TRANSPORTATION (47,606)
SECT. 128 REVENUE 23,087,308

GENERAL RESERVE FUND 33,054,277

EDUCATION IMPROVEMENT ACT 2,857,557

DIVISION IV

Amendments to Numbered Paragraphs

SECTION 1. The following numbered paragraphs governing Part I of Act 171 of 1991 are deleted:
14.89, 14.98, 28.91, and 129.60.

SECTION 2. The following numbered paragraphs governing Part I of Act 171 of 1991 are amended to read:

2.1 Subject to the terms and conditions of this act, the sums of money set forth in this Part, if so much is necessary, are appropriated from the general fund of the State, the education improvement act fund, the highways and public transportation fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year 1991-92 1992-93, and for other purposes specifically designated.

2A.1 For purposes of the appropriations made by this Part, "current fiscal year" means the fiscal year beginning July 1, 1991 1992, and ending June 30, 1992 1993, and "prior fiscal year" means the fiscal year beginning July 1, 1990 1991, and ending June 30, 1991 1992.

13.5 Any revenue generated from the sale of election lists may be retained and expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, Division of Information Resources Management, for the printing of such lists and to pay expenses of postage and shipment of these lists to electors who purchase them. After such reimbursement has been made, an amount not to exceed $220,000 shall be used for non-recurring expenses in conjunction with Act 248 of 1991, the Ethics, Government Accountability, and Campaign Reform Act and in conjunction with extraordinary special election and legal costs. Any balance in the Sale of Lists Account on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.

14.83 The Budget and Control Board is hereby directed to print only a summary budget format for the FY 1992-93 1993-94 recommended budget, to be submitted in January 1992 1993. The Board shall furnish the necessary computer produced documents to facilitate and expedite budget debate during the 1992 1993 session of the General Assembly.

15.8 The Commission on Higher Education shall allocate funds appropriated to colleges and universities and The State Board for Technical and Comprehensive Education to insure that all institutions shall receive the following appropriations: the Citadel $13,653,948, Clemson University (Education & General) $82,069,160, College of Charleston $21,752,234, Francis Marion College $12,716,004, Lander College $8,339,295, S.C. State College $19,494,644, U.S.C. Columbia Campus $125,605,612, U.S.C. Medical School $19,406,937, U.S.C. Aiken Campus $7,698,440, U.S.C. Coastal Carolina Campus $10,670,483, U.S.C. Spartanburg Campus $9,742,457, U.S.C. Beaufort Campus $1,803,679, U.S.C. Lancaster Campus $2,459,977, U.S.C. Salkahatchee Campus $1,794,237, U.S.C. Sumter Campus $3,383,575, U.S.C. Union campus $954,511, Winthrop College $20,092,737, Medical University of S.C. $84,151,831, Medical Univ. of S.C. Hospital $19,421,714, S.C. Consortium of Comm. Teaching Hospitals $14,249,419, State Board for Technical and Comprehensive Education Instructional Programs $109,239,590, TOTAL $588,700,484. Of the funds appropriated to the Commission on Higher Education in Fiscal Year 1992-93, $5,500,000 in higher education formula funds shall be allocated to the colleges and universities and the State Board for Technical and Comprehensive Education according to the allocation formula approved by the Commission on December 5, 1991.

Of the funds appropriated to the Commission on Higher Education, $500,000 shall be allocated to the Southeastern Manufacturing Technology Center. Of the funds appropriated in Fiscal Year 1992-93 for the State Development Board and the State Board for Technical and Comprehensive Education, each agency is authorized to expend up to $250,000 each for the Southeastern Manufacturing Technology Center.

Furthermore, of the higher education formula funds allocated to the Medical University of South Carolina, the Medical University of South Carolina is to conduct a study of the scope and impact of diabetes mellitus in South Carolina, and make recommendations for the establishment of a statewide program of education, clinical research, and translation of new diabetes treatment methods which will serve the needs of people with diabetes mellitus. The study will be coordinated with representatives of the Joint Legislative Health Care Planning and Oversight Committee, the Office of the Governor, the University of South Carolina Medical School, the South Carolina Department of Health and Environmental Control, the American Diabetes Association (South Carolina Affiliate), the American Association of Diabetes Educators, and the South Carolina Medical Association. The Medical University of South Carolina shall report its findings to the General Assembly no later than January 15, 1993.

28.1 Of the amount appropriated under Item X. F. Alloc EIA-Construction and Renovation, $17,799,968 $17,933,310, after being appropriately adjusted, shall be transferred to a special trust fund established by the Comptroller General. Such funds shall remain available to the school districts of the State until approved for use in accordance with Section 59-21-350 of the Code of Laws of 1976.

28.19 Of the amount appropriated under Section X for School Building Aid, $17,799,968 $17,933,310 must be allocated to eligible school districts at $30 per pupil for grades 1 through 12 and $15 per pupil for the state-financed kindergarten program. The allocation must be based on the 135 day count of average daily membership for the second preceding fiscal year. The remaining funds appropriated under Item X. F. Alloc EIA-Construction and Renovation shall be allocated according to the Education Improvement Act of 1984 as amended.

28.109 The Department of Education must provide a report evaluating the Paperwork Reduction Program to the Members of the General Assembly by January 1, 1992 1993. The Department is also authorized to carry forward up to $60,000 in EIA funds from the prior fiscal year into the current fiscal year for the evaluation of the Paperwork Reduction Program.

28.122 The index of taxpaying ability for school year 1991-92 1992-93 shall not include the assessed value of property in a school district which is classified under Section 12-43-220(a) and Section 12-43-220(e), which is at least fifteen percent of the total assessed value of real property in the school district, which on February first of each year has been in bankruptcy status for a minimum of thirty consecutive months, and on which no local school property taxes have been collected for at least two consecutive fiscal years. It is the responsibility of the county auditor to report such exclusions from the index to the Tax Commission and to immediately notify the Tax Commission of any change in the bankruptcy status of such real property or any collection of school property taxes from such real property.

28.139 Any unexpended balance on June 30, 1991 of the prior fiscal year of funds appropriated for Employer Contributions for School Districts -Insurance, Retirees, may be carried forward and expended for this purpose. In order to finalize each school district's allocation of these funds from Fiscal Year 1990-91 the prior fiscal year, the Department of Education is authorized to adjust a school district's allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the prior fiscal year.

For the current fiscal year, the Department is also directed to remit to the General Fund $1,800,000 of the month of June's allocation of funds to school districts for Employer Contributions for School Districts - Insurance, Retirees.

28.142 Notwithstanding any other provision of law, the South Carolina State Board of Education may select up to twelve schools (four elementary, four middle or junior high, and four high schools) the schools participating in the twelve schools project during the 1991-92 school year will continue to work with the State Department of Education and the South Carolina Curriculum Congress to develop curriculum frameworks multi-tiered assessments as the basis for a revised student performance system aligned with the curriculum frameworks.

The participating schools must be from among the schools that are in a deregulated status for the 1991-92 school year, or those currently engaged in curriculum development projects through PROJECT REACH.

The selection of schools must be done with the concurrence of the districts in which the schools are located. The selected project schools will continue to be excused from participation in all state mandated testing programs, with the exception of the Exit Examination, for the 1991-92 1992-93 school year. Schools participating in the project shall be considered to have met all criteria related to programs provided for under Sections 59-5-65, 59-18-10, 59-18-11, 59-18-15, 59-18-30, and 59-21-800 (campus model). The State Board of Education, in conjunction with the Department and the selected schools, must develop and approve will continue to develop alternate criteria for the placement of students in state funded remedial and compensatory education programs and in the gifted and talented program and for the promotion of students to the next higher grade. Deregulated schools participating in this project shall not be removed from deregulated status as a result of nonparticipation in the state testing program.

The Department of Education is authorized to expend not more than $250,000 of the funds appropriated for the Basic Skills Assessment Program for carrying out the purposes of this proviso. The funds must be used only to aid participating schools.

28.143 Of the EIA funds allocated to the Campus Incentive Program for the current fiscal year, $10,500,000 must be used to reward classroom teachers as defined by Department of Education position codes 03 through 11, 85, 18, 36 through 40 and this amount must be included in the calculation of the South Carolina average teacher salary. Of the remaining funds, $3,462,250 shall be used to reward other faculty members, such as principals, assistant principals, vocational education directors, and aides and $3,138,211 may be used by school districts and any school to compensate faculty for their time and effort in the area of school improvement and planning, and such activities as research, curriculum development, coordination of courses, and special projects, or other activities the faculty may wish to undertake for improving student performance, development, and learning and coordination of services with other social and health agencies.

For Fiscal Year 1991-92 only, should the guidelines for the Campus Incentive Model not be established by January 1, 1992, the department shall allocate eighty percent of the funds appropriated for the Campus Incentive Model, excluding the portion used in the calculation for maintaining the southeastern average teachers salary, to the districts in the same proportion as they receive funds under the Education Finance Act. The districts must use their funds for purposes consistent with the EIA programs. The department shall hold the remaining balance of funds for fiscal year 1991-92 for the Campus Incentive Model until otherwise directed by the General Assembly. No local match is required on these funds.

28.144 "The Early Intervention Programs for Preschool-Age Handicapped Children Act," Act 322 of 1990, shall be reauthorized through Fiscal Year 1991-92 1992-93 to meet the provisions of Public Law 99-457 and to that end, the boards of trustees in each school district shall make available special education and related services to all preschool-age handicapped children. State funding for the programs provided for the three and four-year-old handicapped children served under this act shall be distributed based on the district's index of tax-paying ability as defined in Section 59-20-20(3) and the service model chosen for each child. The average amount per child served in the speech model shall be $125 and the average amount per child served in the three other service models shall be $900 $450 to the extent possible with the funds appropriated under VII. Direct Aid School Districts, P.L. 99-457. For the purposes of this proviso, the four models of service are those proposed by the Office of Programs for the Handicapped of the Department of Education for implementation of P.L. 99-457, speech, self-contained, itinerant, and homebased instruction. Five-year-old handicapped children shall continue to be funded under the Education Finance Act of 1977. For the purposes of ascertaining costs, service to all five-year-olds with handicapping conditions funded under the Education Finance Act shall be classified according to the four service models. Of the funds appropriated herein for P.L. 99-457, $50,000 shall be transferred to the Joint Committee on Children for continued planning and development of the preschool handicapped services as established under P. L. 99-457. Any funds not expended by the Joint Committee by March 1 shall be used for programs serving handicapped three- and four-year-olds.

39.28 Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum number of Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue Medicaid nursing home permits is 3,659,965 3,900,000. This number does not include Medicaid patient days provided by the Department of Mental Health or the Department of Mental Retardation. The maximum number of Medicaid patient days for which the Department is authorized to issue a Medicaid nursing home permit to the Department of Mental Health is 287,268. The maximum number of Medicaid patient days for which the Department is authorized to issue a Medicaid nursing home permit to the Department of Mental Retardation is 1,174,720.

43.2 The Department of Social Services shall recoup all refunds and identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy. The funds collected Funds of $2,000,000 collected under the Child Support Enforcement Program (Title IV D) which are State Funds shall be remitted to the State Treasurer and credited to the General Fund of the State. All state funds above $2,000,000 shall be retained by the Department to enhance Child Support operations.

43.7 From the appropriation made herein for General Assistance, the Department will supplement the income of individuals who reside in those licensed residential care facilities that have an approved Optional Supplement Request with the Department. Individuals who reside in those residential care facilities with approved Optional Supplement Requests must also qualify as aged, blind or disabled under the definitions of Public Law 92-603, U.S. Code, or who would qualify except for income limitations. For the period of the current fiscal year, the Department will, based on availability of funds, supplement the income of the above defined group up to a maximum of $675.00 $683.00 per/month and the residential care facilities are authorized to charge a fee of $650.00 per/month for the defined group. The Department will allow each individual in this defined group a $25.00 $33.00 per/month personal needs allowance.through December 31, 1991. Effective January 1, 1992, the personal needs allowance shall be increased to $32.50 per month, to be funded by Federal SSI cost of living funds. The Department shall establish the maximum number of Optional Supplement Requests that can be funded from the funds appropriated herein. Each residential care facility must submit to the Department prior to July 1, each year the number of Optional Supplement Requests for the above defined group to be served during the next twelve months.

130.1 Unless specifically authorized herein, the appropriations provided in Part I of this Act as ordinary expenses of the State Government shall lapse on July 31, 1992 1993. State agencies are required to submit all current fiscal year input documents to the Comptroller General's Office by July 20, 1992 1993. Appropriations for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the appropriations were provided. Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board, toward the accomplishment of the purposes for which the appropriations were provided.

SECTION 3. The following numbered paragraphs are added to the appropriate sections of Part I of Act 171 of 1991:

25.8 In order to provide for the timely payment of claims due the Medical University of South Carolina, Subsection A of Part II, Section 76 of Act 171 of 1991 is in effect from July 1, 1992 through June 30, 1993. Furthermore, Section 38-71-120 of the 1976 Code is suspended from July 1, 1992, through June 30, 1993, as it relates to the Medical University of South Carolina.

28.151 Notwithstanding provisos 28.13 and 28.38, of the funds appropriated to the Department of Education, a minimum of $811,154,302 shall be allocated to the Education Finance Act for direct aid to school districts. The base student cost for Fiscal Year 1992-93 is determined to be $1,527. Notwithstanding any other provision of law, the average teacher salary shall be $28,356 for the current fiscal year.

28.152 The State Department of Education shall develop and present to the EIA Select Committee, by December 1 of the current year, a plan for establishing a fund for continuous improvement through innovation. This fund should consolidate various EIA and Target 2000 programs in order to facilitate a total plan for continuous improvement in schools and school districts. The Department shall present recommendations to and solicit input from local school superintendents, administrators, principals, teachers, school boards, and the Joint Business-Education Subcommittee before presenting a proposed plan and recommendations to the Select Committee. In its recommendations to the Select Committee, the Department must also address the question of allocation of these funds to schools and school districts.

The State Department of Education shall also develop and present to the EIA Select Committee, by December 1 of the current year, a plan for establishing a collaborative early childhood network. This network should consolidate, coordinate, and expand early childhood, parent education, and adult education programs which are funded from EIA revenues into a single early childhood development collaborative for at-risk three and four year olds and their parents and guardians of young children in all schools. These programs should also collaborate with appropriate health and social service providers and with new federal early childhood programs. The Department shall present recommendations to and solicit input from local district superintendents, administrators, principals, teachers, school boards, and the Joint Business-Education Subcommittee before presenting a proposed plan and recommendations to the Select Committee. In its recommendations to the Select Committee, the Department must also address the question of allocation of these funds to schools and school districts.

28.153 Notwithstanding any other provision of law, those projects funded and operating in Fiscal Year 1991-92 under the Target 2000 Parent Education and Dropout Prevention and Retrieval Programs shall be funded at the same level in Fiscal Year 1992-93; however, it is the intent of the General Assembly that Fiscal Year 1992-93 shall constitute the final year in which these projects are to be piloted.

Projects which were funded and operating in Fiscal Year 1991-92 under the Schoolwide Innovation Program and for which Fiscal Year 1991-92 was the final year of funding shall not have funding extended in the current year. Any new grants awarded under the Schoolwide Innovation Program shall be decided through a competitive bids process and shall be for one-year in duration with Fiscal Year 1992-93 to constitute the final year in which new projects are funded.

During Fiscal Year 1992-93, the State Department of Education is directed to initiate and finalize evaluations of the Dropout Prevention and Retrieval Projects and Schoolwide Innovation Projects and provide a report of the findings to the EIA Select Committee by December 1 of the current year.

38A.22 The provisions of Section 44-6-155(C)(4) of the 1976 Code are suspended during fiscal year 1992-93.

38A.23 The Commission is directed to suspend the Hospital Administrative Days and Swing Beds Program for fiscal year 1992-93.

40.18 The Department shall remit $8,783,932 of earmarked funds to the General Fund for Fiscal Year 1992-93.

41.11 The Department shall remit $9,216,068 of earmarked funds to the General Fund for Fiscal Year 1992-93.

118.1 Notwithstanding the provisions of Section 11-35-4410(2) of the 1976 Code, the membership of the Procurement Review Panel shall be composed of:
(a) A member of the Senate Labor, Commerce and Industry Committee to be selected by the Committee;
(b) A member of the House Labor, Commerce and Industry Committee to be selected by the Committee;

(c) The chairman, or his designee, of the Procurement Policy Committee;

(d) Five members appointed by the Governor from the State at large who are representative of the professions governed by this title including, but not limited to:

(i) Goods and Services.

(ii) Information technology procurements.

(iii) Construction.

(iv) Architects and engineers.

(v) Construction management.

(vi) Land surveying services.

119.8 The State Treasurer is directed to liquidate the HUGO note on or before September 1, 1992 from the appropriation provided in this Act.

124.28 The Department of Highways and Public Transportation shall transfer $545,000 and 12 FTE's to the Comptroller General's Office and $129,093 and 3 FTE's to the State Treasurer's Office for the purpose of servicing the accounting and payroll functions of the Department.

129.62 Positions identified as new positions in Part 1 of Act 171 of 1991 are not considered new positions for fiscal year 1992-93. The positions established through the Joint Personal Service, Financing and Budgeting Committee during fiscal year 1991-92 are to be continued for fiscal year 1992-93.

129.63 The Budget and Control Board Budget Division is directed to implement the appropriation adjustments contained in this act pursuant to the adjustment plan approved by the Ways and Means Committee and the Senate Finance Committee.

DIVISION V

Effective Date

All acts or parts of acts inconsistent with any of the provisions of this act are suspended for fiscal year 1992-93.

Except as otherwise specifically provided, this act is effective for the fiscal year beginning July 1, 1992 and ending June 30, 1993./

Amend title to read:
/TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF THE APPROPRIATED FUNDS; TO PROVIDE FURTHER FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO SUSPEND THE NURSING HOME BED FEE IMPOSED PURSUANT TO SECTION 44-7-84 OF THE 1976 CODE AND THE MEDICAID MEDICALLY NEEDY PROGRAM PURSUANT TO SECTION 44-6-155 OF THE 1976 CODE DURING FISCAL YEAR 1992-93; TO REDUCE THE MAXIMUM DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES TAX FROM TEN THOUSAND TO THREE THOUSAND DOLLARS DURING FISCAL YEAR 1992-93; AND TO EXTEND FOR THE 1992 TAXABLE YEAR ONLY THE PROVISIONS OF THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF THE PAYMENT TO A SKILLED OR INTERMEDIATE CARE NURSING HOME TO AN INSTITUTION PROVIDING NURSING FACILITY LEVEL CARE OR FOR PAYMENTS TO AN IN-HOME OR COMMUNITY CARE PROVIDER CERTIFIED BY A LICENSED PHYSICIAN TO MEET THE NURSING FACILITY LEVEL OF CARE./

Renumber sections to conform.

Amend totals to conform.

The question then was the second reading of the Bill.

Senator HOLLAND spoke on the Bill.

Senator HOLLAND moved that the Bill be given a second reading with notice of general amendments on third reading, and, further, that the Bill not be taken up for consideration prior to Wednesday, April 1, 1992.

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

Ayes 37; Nays 3

AYES

Cork Courson Courtney
Drummond Fielding Giese
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Rose Russell
Setzler Smith, J.V. Smith, N.W.
Stilwell Thomas Williams
Wilson

TOTAL--37

NAYS

Gilbert Reese Washington

TOTAL--3

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, not to be taken up prior to Wednesday, April 1, 1992.

ADJOURNMENT

At 2:17 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 12:00 Noon.

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