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

Thursday, April 22, 1993

(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, the New International Version of the Old Testament renders the words of the prophet Isaiah in these words (1:17-18):

"Learn to do right! Seek justice!

Encourage the oppressed. Defend the

cause of the fatherless. Plead the

case of the widow. COME NOW, LET US

REASON TOGETHER," says the Lord.
Let us pray.

Our Father-God, You know the fall of every bird. You are concerned with every child of Your creation.

We know that it is not enough to want things! Nor is it enough to pray for things. But the time comes for us to make the personal decisions and commitments that lead to hard work to obtain the things for which we pray.

We know that decision time is upon us. Help us to think corporately.
Help us to be sensitive to each other's points of view.

We know that the welfare of our beloved State demands the convergence of our joint thinking. May this day find us moving toward our goals... because we heard the words of long ago: "COME LET US REASON TOGETHER."

Amen.

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

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, Senators MOORE, RUSSELL, SALEEBY and McCONNELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and were granted leave to vote from the balcony.

Doctor of the Day

Senator SETZLER introduced Dr. Cooper Black of Columbia, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 723 -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE MR. HERMAN MOORE UPON HIS RETIREMENT AS DIRECTOR OF REGIONAL GOVERNMENT AFFAIRS FOR GEORGIA-PACIFIC CORPORATION AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

S. 724 -- Fish, Game & Forestry Committee: A CONCURRENT RESOLUTION TO ENCOURAGE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO WORK WITH AGRICULTURAL INTERESTS TO IDENTIFY AREAS WHERE SIGNIFICANT CROP DAMAGE OCCURS DUE TO WHITE-TAILED DEER, REQUEST SPORT HUNTERS, LAND OWNERS, AND LAND MANAGERS TO HARVEST ANTLERLESS DEER TO REDUCE DEER POPULATIONS IN THESE AREAS, AND REQUEST APPROPRIATE RESEARCH.

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

S. 725 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 11-15-610 AND 11-21-90, SO AS TO PROVIDE THAT ANY ISSUER OR ANY PUBLIC AGENCY WHICH IS THE LESSEE OF PROPERTY UNDER A LEASE-PURCHASE FINANCING AGREEMENT MAY ISSUE BONDS FOR THE PURPOSE OF PAYING THE REMAINING AMOUNTS OF RENT TO BECOME PAYABLE PURSUANT TO THIS FINANCING, INCLUDING INTEREST AND ANY REDEMPTION PREMIUM; TO AMEND SECTION 11-15-470 RELATING TO THE MATURITIES OF REFUNDING BONDS, SO AS TO REMOVE THE RESTRICTIONS AS TO MINIMUM PRINCIPAL MATURITY DATES OF REFUNDING BONDS; AND TO AMEND SECTION 11-15-520 RELATING TO THE SALE OF REFUNDING BONDS, SO AS TO DELETE THE REQUIREMENT THAT THESE BONDS BE SOLD ONLY AT PUBLIC SALES AND PROVIDE THAT THE BONDS MAY BE SOLD AT PRIVATE OR PUBLIC SALES AS DETERMINED BY THE GOVERNING BODY OF THE ISSUER.

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

S. 726 -- Senator Setzler: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO REVISE THE TYPES OF TRAILERS AND CERTAIN OTHER SIMILAR TYPES OF VEHICLES WHICH QUALIFY FOR THIS MAXIMUM TAX.

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

S. 727 -- Senators Glover, Ford, Washington, Mitchell, Jackson and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "CHILDREN'S AND FAMILY SERVICES ACT OF 1993" SO AS TO ESTABLISH THE DEPARTMENT OF CHILDREN'S AND FAMILY SERVICES AND TO CREATE WITHIN THE DEPARTMENT THE DIVISIONS FOR AGING PROGRAMS AND ADULT SERVICES, CHILDREN'S SERVICES, ECONOMIC SERVICES, REVIEW OF FOSTER CARE OF CHILDREN, TO ABOLISH THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES AND THE SOUTH CAROLINA COMMISSION ON AGING, TO MAKE THE BOARDS OF THE COUNTY DEPARTMENTS OF SOCIAL SERVICES ADVISORY, TO ABOLISH THE BOARD OF THE DEPARTMENT OF YOUTH SERVICES, THE BOARD OF THE JOHN DE LA HOWE SCHOOL, THE BOARD OF THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND TO ABOLISH THE SOUTH CAROLINA BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE OF CHILDREN AND TO CREATE AN ADVISORY BOARD; TO AMEND TITLE 43, CHAPTERS 1, 3, AND 21; SECTIONS 12-21-3441, 12-21-3590, 43-29-10, 43-29-20, 43-29-30, 43-29-50, 43-29-70, 43-29-80, 43-29-90, 43-38-20, 43-38-30, 20-7-30, 20-7-340, 20-7-490, 20-7-510, 20-7-520, 20-7-530, 20-7-610, 20-7-640, 20-7-650, 20-7-655, 20-7-660, 20-7-670,20-7-680, 20-7-690, 20-7-1440, 20-7-1645, 20-7-1650, 20-7-1705, 20-7-1750, 20-7-1780, 20-7-1895, 20-7-1897, 20-7-1900, 20-7-1920, 20-7-1925, 20-7-1930, 20-7-1940, 20-7-1950, 20-7-1958, 20-7-1960, 20-7-1970, 20-7-2000, 20-7-2010, 20-7-2020, 20-7-2060, 20-7-2070, 20-7-2240, 20-7-2250, 20-7-2260, 20-7-2270, 20-7-2280, 20-7-2290, 20-7-2307, 20-7-2310, 20-7-2323, 20-7-2340, 20-7-2610, 20-7-2640, 20-7-2650, 20-7-2700, 20-7-2710, 20-7-2720, 20-7-2730, 20-7-2740, 20-7-2750, 20-7-2760, 20-7-2780, 20-7-2790, 20-7-2800, 20-7-2810, 20-7-2820, 20-7-2830, 20-7-2840, 20-7-2850, 20-7-2860, 20-7-2870, 20-7-2880, 20-7-2890, 20-7-2910, 20-7-2920, 20-7-2930, 20-7-2940, 20-7-2980, 20-7-2990, 20-7-3000, 20-7-3010, 20-7-3020, 20-7-3030, 20-7-3050, 20-7-3060, 20-7-5420, 20-7-852, 20-7-952, 20-7-955, 20-7-970, 20-7-1015, 20-7-1040, 20-7-1145, 20-7-1315, 20-7-1317, 20-7-1322, 20-7-2450, 20-7-2460, 20-7-2470, 20-7-2480, 20-7-2500; TITLE 43, CHAPTER 5, ARTICLES 1, 3, AND 5; SECTIONS 43-7-20, 43-7-220, 20-7-2376, 20-7-2379, 20-7-2385, 20-7-2394, 59-49-10, 59-49-70, 59-49-80, 59-49-100, 59-49-110, 59-49-140, 59-49-150, 20-7-600, 20-7-630, 20-7-770, 20-7-780, 20-7-1330, 20-7-1490, 20-7-2095, 20-7-2115, 20-7-2125, 20-7-2155, 20-7-3110, 20-7-3190, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3270, 20-7-3280, 20-7-3300, 20-7-3310, 59-51-30, 59-51-40, AND 59-51-50; AND TO REPEAL SECTIONS 20-7-2308, 20-7-2309, 20-7-2327, 20-7-2335, 20-7-2337, 20-7-2365, 20-7-2950, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3140, 20-7-3150, 20-7-3160, 20-7-3170, 20-7-3180, 20-7-3200, 20-7-3250, 59-49-20, 59-49-30, 59-49-40, 59-49-60, 59-49-90, 59-49-120; AND TO PROVIDE TRANSITION AND SEVERABILITY PROVISIONS.

Read the first time and referred to the General Committee.

S. 728 -- Senator Land: A BILL TO AMEND SECTION 7-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CANDIDATE'S NOTICE OF CANDIDACY, PLEDGE, AND AFFIDAVITS, SO AS TO DELETE PROVISIONS RELATING TO THE REQUIREMENT THAT THE CHAIRMAN OF A POLITICAL PARTY INSTITUTE ACTION IN COURT ENJOINING A PERSON DEFEATED AS A CANDIDATE FOR NOMINATION FROM OFFERING OR CAMPAIGNING IN THE GENERAL ELECTION AND ADD PROVISIONS THAT PROVIDE THAT THE PERSON IS INELIGIBLE FROM RECEIVING VOTES IN THE GENERAL ELECTION, UNLESS THE NOMINEE FOR THE OFFICE HAS BECOME DECEASED OR OTHERWISE DISQUALIFIED IN THAT GENERAL ELECTION.

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

S. 729 -- Senator Patterson: A CONCURRENT RESOLUTION CONGRATULATING THE LADY SHAMROCKS OF EAU CLAIRE HIGH SCHOOL OF COLUMBIA ON WINNING THE 1993 CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP.

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

S. 730 -- Senator Patterson: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF COLUMBIA ON WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1993.

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

S. 731 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-185 RELATING TO LICENSING OF BONA FIDE NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS UNDER SECTION 61-5-50 WHEN LOCATED EAST OF THE INTERCOASTAL WATERWAY IN A COUNTY WHERE THE ANNUAL ACCOMMODATIONS TAX COLLECTIONS EXCEED SIX MILLION DOLLARS.

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

S. 731--Ordered to a Second Reading

with Notice of General Amendments

On motion of Senator ELLIOTT, S. 731 was ordered to receive a second reading with notice of general amendments on Friday, April 23, 1993.

H. 3059 -- Reps. Wilkins, Clyborne, Rogers, Huff, Jaskwhich, T.C. Alexander, Boan, Hodges, Wells, Cato and Graham: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

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

H. 3372 -- Reps. J. Bailey, Gonzales, Fulmer, Quinn, Hallman, Huff, Harrell, Holt, R. Young, Harrison, Scott, Hodges, Wilkins, Jennings, Tucker and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".

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

H. 3454 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 12-51-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE THE COUNTY TREASURER TO MARK UPON THE PUBLIC TAX RECORDS REGARDING REAL PROPERTY SOLD FOR TAXES THAT THE FUNDS USED TO PAY THE DELINQUENT TAXES WERE DERIVED FROM A TAX SALE AND THE DATE OF THE SALE.

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

REPORTS OF STANDING COMMITTEES

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 307 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-175, SO AS TO PROVIDE THAT ANY PERSON UNDER THE AGE OF FOURTEEN OPERATING A MOTORBOAT MUST BE ACCOMPANIED BY ANOTHER PERSON AT LEAST EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

Senator HAYES from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 435 -- Senators Jackson, Cork, Thomas, Washington, Ford, Matthews and Courtney: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SMOKING IN PUBLIC INDOOR AREAS EXCEPT WHERE A SMOKING AREA IS DESIGNATED, SO AS TO REMOVE THE EXCEPTION FROM DAY CARE CENTERS WHICH ALLOWED SMOKING IN ENCLOSED PRIVATE OFFICES AND TEACHER LOUNGES.

Ordered for consideration tomorrow.

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

S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.

Ordered for consideration tomorrow.

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

S. 637 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 27, TITLE 58 SO AS TO ENSURE THE SAFETY OF PERSONS ENGAGED IN ACTIVITIES IN PROXIMITY OF HIGH VOLTAGE OVERHEAD LINES AND PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 648 -- Senator Saleeby: A BILL TO AMEND ARTICLE 3, CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-345 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH TEMPORARY CERTIFICATES OF NUMBER MAY BE ISSUED FOR WATERCRAFT; TO AMEND CHAPTER 23, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-23-65 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A MARINE DEALER PERMIT IS INVALID; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS PERTAINING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES PERTAINING TO THE OPERATION OF WATERCRAFT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-21-320, RELATING TO THE NUMBERING OF VESSELS, SO AS TO REVISE THE EXEMPTION FOR WATERCRAFT WITH A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-370, RELATING TO THE TERM AND RENEWAL OF CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES AND TO PERSONS REPAIRING WATERCRAFT OR OUTBOARD MOTORS AND PROVIDE A PENALTY FOR LATE RENEWAL; TO AMEND SECTION 50-21-380, RELATING TO THE TRANSFER OF REGISTRATION OF WATERCRAFT, SO AS TO REVISE THE MONETARY AND TIME REQUIREMENTS FOR TRANSFER AND PROVIDE FOR USE OF A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A VESSEL, SO AS TO DELETE THE REFERENCES TO DESTRUCTION, ABANDONMENT, AND SECURITY INTEREST, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND REQUIRE NOTIFICATION IF A WATERCRAFT IS ABANDONED, JUNKED, DESTROYED, OR USED IN ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, RELATING TO DEFINITIONS PERTAINING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE THE DEFINITION OF "DEALER'S PERMIT" AND PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-23-60, RELATING TO APPLICATIONS FOR CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE REQUIREMENTS FOR TITLING, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND PROVIDE EXCEPTIONS FOR PERMITTED MARINE DEALERS; TO AMEND SECTION 50-23-170, RELATING TO WATERCRAFT AND OUTBOARD MOTOR SERIAL NUMBERS, SO AS TO PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION OR SERIAL NUMBERS AND PROVIDE FOR AUTHORIZATION BY THE COMMANDANT OF THE UNITED STATES COAST GUARD; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS PERTAINING TO WATERCRAFT, SO AS TO INCLUDE IN CERTAIN PROHIBITIONS POSSESSION AS WELL AS OPERATION OF WATERCRAFT ON THE WATERS OF THIS STATE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS PERTAINING TO CERTIFICATES OF TITLE AND SERIAL NUMBERS FOR WATERCRAFT, SO AS TO DELETE THE PROHIBITION ON THE USE OF FALSE INFORMATION IN A CERTIFICATE OR BILL OF SALE AND PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION NUMBERS; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE AND DISPOSAL OF WATERCRAFT, SO AS TO PROVIDE NOTIFICATION REQUIREMENTS UPON SEIZURE WHEN THE OWNER IS DETERMINED AND PROVIDE FOR FORFEITURE; TO AMEND SECTION 50-23-270, RELATING TO THE REQUIREMENTS APPLICABLE TO VESSELS AND OUTBOARD MOTORS, SO AS TO REVISE THE PROHIBITION ON MAKING FALSE STATEMENTS ON DOCUMENTS SUBMITTED TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND REVISE PENALTIES; AND TO AMEND SECTION 50-23-280, RELATING TO PENALTIES PERTAINING TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE PENALTIES FOR DEALERS AND PERSONS WHO SUBMIT FRAUDULENT CHECKS TO THE DEPARTMENT.

Ordered for consideration tomorrow.

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

S. 661 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-35-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY AND ELIGIBILITY FOR EXTENDED BENEFITS, SO AS TO PROVIDE THAT AN INDIVIDUAL IS NOT ELIGIBLE TO RECEIVE EXTENDED BENEFITS WITH RESPECT TO ANY WEEK OF UNEMPLOYMENT IN HIS ELIGIBILITY PERIOD IF THE INDIVIDUAL HAS BEEN DISQUALIFIED FOR REGULAR OR EXTENDED BENEFITS BECAUSE HE OR SHE WAS DISCHARGED FOR "CAUSE", RATHER THAN FOR "MISCONDUCT"; AND TO PROVIDE FOR THE SUSPENSION OF CERTAIN PROVISIONS OF SECTION 41-35-420 FOR WEEKS OF UNEMPLOYMENT BEGINNING AFTER MARCH 6, 1993, AND BEFORE JANUARY 1, 1995.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

S. 682 -- Senators Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE TO COMMEMORATE ENDANGERED SPECIES AND FOR THE USE OF RELATED REVENUE.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Medical Affairs submitted a favorable report on:

S. 701 -- Senators Bryan and Elliott: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR THE REVIEW OF THE PLANS OF CARE FOR INDIVIDUALS IN A RESIDENTIAL CARE FACILITY AND A COMMUNITY MENTAL HEALTH CENTER DAY PROGRAM.

Ordered for consideration tomorrow.

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

S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

Senator HAYES from the Committee on Medical Affairs submitted a favorable report on:

H. 3022 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 44-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE SALE AND USE OF CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO PROVIDE THAT CLEANING AGENTS USED BY INDUSTRY FOR FABRIC OR FIBER CLEANING IS EXEMPT FROM THESE RESTRICTIONS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3239 -- Rep. Snow: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, OR TRAPPING ON LAND WITHOUT CONSENT.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3257 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL QUAIL BREEDERS LICENSE, SO AS TO CHANGE THE TIME DURING WHICH A LICENSE IS EFFECTIVE.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3271 -- Reps. McKay, Jennings and Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-87 SO AS TO PROHIBIT A PERSON FROM OPERATING A VESSEL WITHIN FIFTY FEET OF ANOTHER VESSEL OR DIVER DISPLAYING A DIVER DOWN FLAG TO PROVIDE THE CONDITIONS WHICH MUST EXIST FOR THE PROHIBITION TO EXIST AND PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3276 -- Rep. Snow: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION, POSSESSION, OR SALE OF CERTAIN UNLAWFUL FISH SPECIES, SO AS TO INCLUDE RUDD (SCARDINIUS ERYTHROPHTALMU-LINNEAUS).

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

H. 3535 -- Reps. Harvin and Canty: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 378 BETWEEN INTERSTATE I-95 AND THE TOWN OF TURBEVILLE "CLARENCE E. COKER HIGHWAY" IN HONOR OF C.E. COKER AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THE DESIGNATION.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3583 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-2480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPTED FROM THE REQUIREMENTS OF A FUR DEALER, BUYER, AND PROCESSOR'S LICENSE, SO AS TO INCLUDE PERMITTED PERSONS WHO OWN A FOX HUNTING ENCLOSURE UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 50-11-2580 RELATING TO EXCEPTIONS FROM WILDLIFE AND MARINE RESOURCES DEPARTMENT REQUIREMENTS FOR PERSONS WHO OWN A FOX HUNTING ENCLOSED PRESERVE OR PUP TRAINING FACILITY.

Ordered for consideration tomorrow.

Senator HAYES from the Committee on Medical Affairs submitted a favorable report on:

H. 3825 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (TRIENNIAL REVIEW), DESIGNATED AS REGULATION DOCUMENT NUMBER 1565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MITCHELL from the Committee on Corrections and Penology submitted a favorable report on:

South Carolina Board of Probation, Parole and Pardon Services, with term to expire March 17, 1997:

5th Congressional District:

Mr. Joseph P. Hodges, 131 Jordan Street, Bennettsville, S.C. 29512

NONCONCURRENCE

S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.

The House returned the Resolution with amendments.

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

HOUSE CONCURRENCE

S. 721 -- Senator Richter: A CONCURRENT RESOLUTION TO CONGRATULATE THE REVEREND JOSEPH J. MURPHY OF CHARLESTON, SOUTH CAROLINA, ON THE COMMEMORATION OF HIS 50TH ANNIVERSARY IN THE CATHOLIC PRIESTHOOD AND TO THANK HIM FOR HIS DEDICATION TO HIS CHURCH, HIS COMMUNITY, AND THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 622 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DRUGS THAT ONLY MAY BE SOLD ON PRESCRIPTION, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE MEDICATIONS; TO AMEND SECTION 40-47-25, AS AMENDED, RELATING TO PHYSICIANS' ASSISTANTS, SO AS TO DELETE PROVISIONS RELATING TO THE NUMBER OF ASSISTANTS A PHYSICIAN MAY SUPERVISE; AND TO AMEND SECTION 44-53-290, RELATING TO REGISTRATION FOR MANUFACTURING, DISTRIBUTING, OR DISPENSING CONTROLLED SUBSTANCES, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE REGISTRATIONS TO NURSE PRACTITIONERS AND PHYSICIANS' ASSISTANTS FOR PRESCRIBING SCHEDULE V CONTROLLED SUBSTANCES.

S. 714 -- Senator Williams: A JOINT RESOLUTION TO PROVIDE THAT MONUMENTS OR MEMORIALS ERECTED OR CONSTRUCTED HONORING PUBLIC SAFETY OR LAW ENFORCEMENT OFFICERS BETWEEN JANUARY 1, 1993, AND DECEMBER 31, 1993, SHALL BE EXEMPT FROM SALES TAXES IMPOSED PURSUANT TO CHAPTER 36 OF TITLE 12 OF THE 1976 CODE.

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

S. 715 -- Senators Holland, Moore, Courtney and Jackson: A BILL TO AMEND SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE A JOINT LEGISLATIVE SCREENING COMMITTEE TO RATE CANDIDATES AS NOT QUALIFIED, QUALIFIED, OR HIGHLY QUALIFIED; TO AMEND SECTION 58-3-23, SO AS TO FURTHER PROVIDE FOR THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL'S DETERMINATION OF THE QUALIFICATIONS OF CANDIDATES FOR THE PUBLIC SERVICE COMMISSION; AND TO AMEND SECTION 58-3-25 SO AS TO PROVIDE FOR THE PREPARATION OF A SCREENING APPLICATION FORM.

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

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.

S. 695 -- Senators Hayes, Gregory, Peeler, Short, J. Verne Smith and Drummond: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 3879 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY HIGHWAY S33-329 FROM HIGHWAY 378 TO THE PROPOSED CONNECTOR ROAD IN MCCORMICK COUNTY AND TO TRANSFER IT TO MCCORMICK COUNTY.

H. 3879--Ordered to a Third Reading

On motion of Senator MOORE, H. 3879 was ordered to receive a third reading on Friday, April 23, 1993.

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

READ THE SECOND TIME

S. 540 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE THAT AVERAGE WEEKLY WAGE IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (1547SD.93) proposed by Senator STILWELL and previously printed in the Journal of Wednesday, April 21, 1993.

Amendment No. 1A

On motion of Senator STILWELL, with unanimous consent, Amendment No. 1A (CYY\15510SD.93) proposed by Senator STILWELL was substituted for Amendment No. 1:

Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered which shall read:

/SECTION . The 1976 Code is amended by adding:

"Section 42-1-336. Before an employer may reject or continue to reject coverage under this title and exempt himself from its provisions, he must provide evidence to the commission that he has insured his workers' compensation liabilities by maintaining at a minimum the insurance coverages required by this section for the benefit of his employees. The insurance company of the employer also must be a licensed and admitted carrier, participate in the Guarantee Association Fund, and be rated either A++, A+, A, or A- by the A.M. Best Insurance Rating Service. The employer's rejection of coverage under this title continues only so long as the insurance coverages required by this section are maintained.

The required insurance coverages are as follows:
Benefit Category Minimum Benefit Amounts

I. Occupational accident coverage

A. Accidental medical expense benefits (per person) $1,000,000

Aggregate limit per accident $2,000,000
Extended medical benefits must be provided employees for
accidental injuries when diagnosed as either a paraplegic
or quadriplegic by a licensed physician.

B. Accidental death benefits (lump sum -- see below) $ 200,000

C. Dismemberment benefits (lump sum -- see below)

Both hands or both feet or sight of both eyes $ 200,000

One hand and one foot $ 200,000

Either hand or foot and sight of one eye $ 200,000

Either hand or foot $ 100,000

Sight of one eye $ 100,000

Thumb and index finger of the same hand $ 50,000

In subsections (B) and (C) above, lump sum means lump sum amounts paid to all employees -- wage rate not a determining factor.

D. Wage replacement benefits (disability income):

Permanent partial disability means the permanent loss of physical function or anatomical loss of use of a body part which is attributable to a work-related injury suffered by an employee of the insured as determined by a licensed physician. Minimum benefits payable for permanent partial disability to employees of act rejecting employers shall be calculated in the manner set forth in Section 42-9-30 for employers in the Workers' Compensation system.

Temporary total disability means a nonpermanent physical impairment resulting from a work-related injury and substantiated by a diagnosis from a physician which prevents an employee of the insured from performing the duties for which he is employed by the insured.

Continuous total disability means the complete, permanent, and absolute inability of an employee of the insured from performing the duties of any occupation for which he is qualified by reason of education, training, or experience. Such disability must be due to work-related injury and may result from but is not limited to:

(1) Brain damage (severe neurological damage due to external trauma resulting in complete and irrecoverable loss of brain function);

(2) Coma (a profound state of unconsciousness from which the employee cannot be aroused even by powerful stimulation);

(3) Paralysis (the complete and total inability of the employee to move an entire extremity as the result of neurological damage, as determined by a licensed physician);

Total disability means the complete and continuous inability of the insured person to:

(1) perform all duties of his or her regular occupation until the weekly benefit has been paid for 104 weeks during the same period of continuous total disability, and thereafter;

(2) engage in any gainful occupation for which he or she is or can be reasonably fitted by training, education, or experience. The benefit described must be paid to an insured person when due proof that the insured person has been granted a Social Security Disability award for such disability has been received. The weekly total disability indemnity benefit amount shall be:

(a) not to exceed seventy percent of the insured person's gross average weekly earnings, reduced by his primary Social Security Disability award; or

(b) the maximum weekly benefit shown in the schedule of benefits.

Waiting period (minimum number of days) seven days

Percentage of regular wages (not to exceed) seventy percent

Maximum weekly benefit (not to exceed) $ 500

Benefit period (not to exceed) to age 65
II. Employer's liability

Minimum benefit level

Bodily injury by accident $ 500,000

Bodily injury by disease $ 500,000

Bodily injury by disease (each employee) $ 500,000

Certificates of insurance must be provided.

Third party coverage must be provided.
III. Period of Coverage

Effective Date: Each person becomes an insured person on the date of his employment.

Termination will not affect any claim for loss due to an accident which occurred before the termination date.

If the policy cancels while the insured person is disabled, benefits will continue for that disability subject to the maximum benefit period.

Payment of claims: Payment will be made for any benefit due for loss of life:

(1) according to the beneficiary designation in effect at the time of payment, otherwise:

(2) to the insured person's estate.

All other accident medical expense and accident total disability benefits due will be paid to the insured person or his or her assignee.

Payment may be made for up to $1,000 of the benefit due to some other person. The other person will be one who the insurer believes is entitled to the payment and who is related to the insured person or the beneficiary by blood or marriage.

Payment may be made for benefits directly to any hospital or person rendering covered services, unless the insured person requests otherwise in writing. The insured person must make the request no later than the time he or she files a written proof of loss.

Physical Examination and Autopsy: While a claim is pending, the insurer has the right at its expense:

(1) to have the insured person examined by a physician when and as often as is reasonably necessary; and

(2) in case of death, to make an autopsy where not forbidden by law."

SECTION . The 1976 Code is amended by adding:

"Section 42-9-175. In any claim involving a dispute as to whether or not an accident or injury within the meaning of Title 42 occurred or whether or not it was within the course and scope of the employment within the meaning of Title 42, temporary total disability payments and medical benefit payments, as appropriate, shall be paid under a reservation of rights, until such time as the court decides the action brought by either party without seeking further administrative remedies for a declaratory judgment to make these determinations. These actions shall have priority on the circuit court nonjury calendar in the same manner condemnation cases are given priority in circuit court."

SECTION ___. Section 41-1-80 of the 1976 Code is amended to read:

"Section 41-1-80. No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law (Title 42 of the 1976 Code), or has testified or is about to testify in any such proceeding, or has filed a claim for benefits pursuant to Section 42-1-336 (I).

Any employer who violates any provision of this section is liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position. The burden of proof is upon the employee.

Any employer shall have as an affirmative defense to this section the following: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; failure to meet established employer work standards; malingering; embezzlement or larceny of the employer's property; violating specific written company policy for which the action is a stated remedy of the violation.

The failure of an employer to continue to employ, either in employment or at the employee's previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to be considered a violation of this section.

The statute of limitations for actions under this section is one year."/

Renumber sections to conform.

Amend title to conform.

Senator STILWELL explained Amendment No. 1A.

Senator COURTNEY moved to lay the amendment on the table.

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

Ayes 23; Nays 18

AYES

Bryan Courtney Elliott
Hayes Jackson Land
Lander Leventis Macaulay
Matthews McConnell Mescher
Mitchell Moore Passailaigue
Patterson Rankin Reese
Russell Saleeby Short
Smith, G. Waldrep

TOTAL--23

NAYS

Cork Courson Drummond
Ford Giese Glover
Gregory Leatherman Martin
Peeler Richter Rose
Ryberg Setzler Smith, J.V.
Stilwell Thomas Williams

TOTAL--18

The amendment was laid on the table.

Amendment No. 3

Senator STILWELL proposed the following Amendment No. 3 (CYY\15511SD.93), which was tabled:

Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered which shall read:

/SECTION . The 1976 Code is amended by adding:

"Section 42-1-336. Before an employer in the assigned risk pool may reject or continue to reject coverage under this title and exempt himself from its provisions, he must provide evidence to the commission that he has insured his workers' compensation liabilities by maintaining at a minimum the insurance coverages required by this section for the benefit of his employees. The insurance company of the employer also must be a licensed and admitted carrier, participate in the Guarantee Association Fund, and be rated either A++, A+, A, or A- by the A.M. Best Insurance Rating Service. The employer's rejection of coverage under this title continues only so long as the insurance coverages required by this section are maintained.

The required insurance coverages are as follows:
Benefit Category Minimum Benefit Amounts
I. Occupational accident coverage

A. Accidental medical expense benefits (per person) $1,000,000

Aggregate limit per accident $2,000,000
Extended medical benefits must be provided employees for
accidental injuries when diagnosed as either a paraplegic
or quadriplegic by a licensed physician.

B. Accidental death benefits (lump sum -- see below) $ 200,000

C. Dismemberment benefits (lump sum -- see below)

Both hands or both feet or sight of both eyes $ 200,000

One hand and one foot $ 200,000

Either hand or foot and sight of one eye $ 200,000

Either hand or foot $ 100,000

Sight of one eye $ 100,000

Thumb and index finger of the same hand $ 50,000

In subsections (B) and (C) above, lump sum means lump sum amounts paid to all employees -- wage rate not a determining factor.

D. Wage replacement benefits (disability income):

Permanent partial disability means the permanent loss of physical function or anatomical loss of use of a body part which is attributable to a work-related injury suffered by an employee of the insured as determined by a licensed physician. Minimum benefits payable for permanent partial disability to employees of act rejecting employers shall be calculated in the manner set forth in Section 42-9-30 for employers in the Workers' Compensation system.

Temporary total disability means a nonpermanent physical impairment resulting from a work-related injury and substantiated by a diagnosis from a physician which prevents an employee of the insured from performing the duties for which he is employed by the insured.

Continuous total disability means the complete, permanent, and absolute inability of an employee of the insured from performing the duties of any occupation for which he is qualified by reason of education, training, or experience. Such disability must be due to work-related injury and may result from but is not limited to:

(1) Brain damage (severe neurological damage due to external trauma resulting in complete and irrecoverable loss of brain function);

(2) Coma (a profound state of unconsciousness from which the employee cannot be aroused even by powerful stimulation);

(3) Paralysis (the complete and total inability of the employee to move an entire extremity as the result of neurological damage, as determined by a licensed physician);

Total disability means the complete and continuous inability of the insured person to:

(1) perform all duties of his or her regular occupation until the weekly benefit has been paid for 104 weeks during the same period of continuous total disability, and thereafter;

(2) engage in any gainful occupation for which he or she is or can be reasonably fitted by training, education, or experience. The benefit described must be paid to an insured person when due proof that the insured person has been granted a Social Security Disability award for such disability has been received. The weekly total disability indemnity benefit amount shall be:

(a) not to exceed seventy percent of the insured person's gross average weekly earnings, reduced by his primary Social Security Disability award; or

(b) the maximum weekly benefit shown in the schedule of benefits.

Waiting period (minimum number of days) seven days

Percentage of regular wages (not to exceed) seventy percent

Maximum weekly benefit (not to exceed) $ 500

Benefit period (not to exceed) to age 65
II. Employer's liability

Minimum benefit level

Bodily injury by accident $ 500,000

Bodily injury by disease $ 500,000

Bodily injury by disease (each employee) $ 500,000

Certificates of insurance must be provided.

Third party coverage must be provided.
III. Period of Coverage

Effective Date: Each person becomes an insured person on the date of his employment.

Termination will not affect any claim for loss due to an accident which occurred before the termination date.

If the policy cancels while the insured person is disabled, benefits will continue for that disability subject to the maximum benefit period.

Payment of claims: Payment will be made for any benefit due for loss of life:

(1) according to the beneficiary designation in effect at the time of payment, otherwise:

(2) to the insured person's estate.

All other accident medical expense and accident total disability benefits due will be paid to the insured person or his or her assignee.

Payment may be made for up to $1,000 of the benefit due to some other person. The other person will be one who the insurer believes is entitled to the payment and who is related to the insured person or the beneficiary by blood or marriage.

Payment may be made for benefits directly to any hospital or person rendering covered services, unless the insured person requests otherwise in writing. The insured person must make the request no later than the time he or she files a written proof of loss.

Physical Examination and Autopsy: While a claim is pending, the insurer has the right at its expense:

(1) to have the insured person examined by a physician when and as often as is reasonably necessary; and

(2) in case of death, to make an autopsy where not forbidden by law."

SECTION . The 1976 Code is amended by adding:

"Section 42-9-175. In any claim involving a dispute as to whether or not an accident or injury within the meaning of Title 42 occurred or whether or not it was within the course and scope of the employment within the meaning of Title 42, temporary total disability payments and medical benefit payments, as appropriate, shall be paid under a reservation of rights, until such time as the court decides the action brought by either party without seeking further administrative remedies for a declaratory judgment to make these determinations. These actions shall have priority on the circuit court nonjury calendar in the same manner condemnation cases are given priority in circuit court."

SECTION ___. Section 41-1-80 of the 1976 Code is amended to read:

"Section 41-1-80. No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers' Compensation Law (Title 42 of the 1976 Code), or has testified or is about to testify in any such proceeding, or has filed a claim for benefits pursuant to Section 42-1-336 (I).

Any employer who violates any provision of this section is liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged or demoted in violation of this section is entitled to be reinstated to his former position. The burden of proof is upon the employee.

Any employer shall have as an affirmative defense to this section the following: wilful or habitual tardiness or absence from work; being disorderly or intoxicated while at work; destruction of any of the employer's property; failure to meet established employer work standards; malingering; embezzlement or larceny of the employer's property; violating specific written company policy for which the action is a stated remedy of the violation.

The failure of an employer to continue to employ, either in employment or at the employee's previous level of employment, an employee who receives compensation for total permanent disability, is in no manner to be considered a violation of this section.

The statute of limitations for actions under this section is one year."/

Renumber sections to conform.

Amend title to conform.

Senator STILWELL argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senators MARTIN, GIESE and STILWELL argued in favor of the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

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

Ayes 25; Nays 17

AYES

Courtney Elliott Ford
Glover Hayes Holland
Jackson Land Lander
Macaulay Matthews McConnell
McGill Mitchell Moore
Passailaigue Patterson Rankin
Reese Russell Saleeby
Short Smith, G. Washington
Williams

TOTAL--25

NAYS

Bryan Cork Drummond
Giese Leatherman Martin
Mescher O'Dell Peeler
Richter Rose Ryberg
Setzler Smith, J.V. Stilwell
Thomas Wilson

TOTAL--17

PAIRED

Waldrep (Present) Aye

Courson (Absent) Nay

PAIRED

Gregory (Present) Nay

Leventis (Absent) Aye

The amendment was laid on the table.

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

S. 540--Ordered to a Third Reading

On motion of Senator LAND, with unanimous consent, S. 540 was ordered to receive a third reading on Friday, April 23, 1993.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

RECALLED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 617 -- Senators Courson, Lander, Russell and Wilson: A JOINT RESOLUTION TO CREATE A JOINT PROPERTY TAX STUDY TASK FORCE TO STUDY ALL PHASES OF THE PROPERTY TAX SYSTEM IN ORDER TO DETERMINE THE EFFECTIVENESS AND FAIRNESS OF PROPERTY TAX ASSESSMENT AND COLLECTION IN THIS STATE.

Senator DRUMMOND made a motion to recall the Resolution from the Committee on Finance.

There was no objection.

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

The Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

MADE SPECIAL ORDER

S. 215 -- Senators Elliott, Rankin, Greg Smith, Reese, McConnell, Wilson, Bryan, McGill, Short, Richter, Lander, Mescher, Passailaigue, Ford, Jackson, Gregory and Martin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.

Senator RANKIN moved that the Bill be made a Special Order.

The Bill was made a Special Order.

MADE SPECIAL ORDER

H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE AND TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS AND SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC AND THE THERAPEUTIC USE OF THESE AGENTS AND TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS AND TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE AND TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.

On behalf of the Chairmen's Committee, Senator J. VERNE SMITH moved that the Bill be made a Special Order.

The Bill was made a Special order.

RECALLED

H. 3214 -- Rep. Wofford: A BILL TO REPEAL SECTION 44-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATING BUILDINGS AT THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AS FACILITIES OF THE STATE DEPARTMENT OF MENTAL HEALTH.

Senator MITCHELL made a motion to recall the Bill from the Committee on Corrections and Penology.

There was no objection.

On motion of Senator MITCHELL, the Bill was ordered placed on the Calendar without reference.

MOTION EXPIRES

Senator MITCHELL moved that the following appointment be confirmed:

Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to expire March 17, 1997:

5th Congressional District:

Mr. Joseph P. Hodges, 131 Jordan Street, Bennettsville, S.C. 29512

Senator McCONNELL argued contra to the confirmation of the appointment.

Senator DRUMMOND spoke on the appointment.

Senator MITCHELL spoke on the appointment.

Senator SALEEBY argued in favor of the confirmation of the appointment.

Senator RICHTER argued contra to the confirmation of the appointment.

Senator PASSAILAIGUE argued contra to the confirmation of the appointment.

Senator GIESE spoke on the appointment.

Senator BRYAN spoke on the appointment.

Senator MITCHELL moved that the appointment be confirmed.

Senator BRYAN moved that the Senate stand adjourned.

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

Ayes 22; Nays 16

AYES

Bryan Courtney Elliott
Giese Hayes Land
Macaulay Martin McConnell
Mescher O'Dell Peeler
Reese Rose Russell
Ryberg Smith, J.V. Stilwell
Thomas Waldrep Williams
Wilson

TOTAL--22

NAYS

Drummond Ford Glover
Jackson Lander McGill
Mitchell Moore Passailaigue
Patterson Rankin Richter
Saleeby Short Smith, G.
Washington

TOTAL--16

The Senate having adjourned in the Motion Period, the motion to confirm expired for lack of a vote.

Statewide Appointments

Confirmations

Having received a favorable report from the Committee on Judiciary, on motion of Senator WILLIAMS, the following appointments were confirmed:

Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to expire June 30, 1993, and reappointment term to expire June 30, 1998:

6th Congressional District:

Mr. Frederick A. Hoefer, II, Harwell, Ballenger & DeBerry, Post Office Box 107, Florence, S.C. 29503 VICE Charles Arthur Houseman (resigned)

5th Congressional District:

Mr. Randolph Marshall Talley, 431 Adams Avenue, Sumter, S.C. 29150 VICE Richard C. Jones (resigned)

Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1994:

3rd Congressional District:

Mr. Rufus B. Keys, Jr., 117 Blair Road, Belton, S.C. 29627 VICE Richard C. Jones (resigned)

Initial Appointment, Member, South Carolina Alcoholic Beverage Control Commission, with term to expire June 30, 1997:

At-Large:

Mr. Robert J. Ivey, 1028 Old Forge Court, Chapin, S.C. 29036 VICE Curtis Wilbur Hodge (resigned)

Having received a favorable report from the Committee on Labor, Commerce and Industry, on motion of Senator J. VERNE SMITH, the following appointments were confirmed:

Reappointment, Member, Residential Builders Commission, with term to expire June 30, 1997:

2nd Congressional District-Builder:

Mr. M. Stewart Mungo, 4400 St. Andrews Road, Columbia, S.C. 29210

Reappointment, Member, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1996:

Mr. Lamar Mason, Mason Realty, Inc., 3938 Farrow Road, Columbia, S.C. 29203

Reappointment, Member, Residential Builders Commission, with term to expire June 30, 1996:

4th Congressional District-Consumer:

Mr. Levis L. Gilstrap, Post Office Box 3525, Greenville, S.C. 29608

Having received a favorable report from the Committee on Medical Affairs, on motion of Senator MACAULAY, the following appointments were confirmed:

Reappointment, Member, Commission on Mental Retardation, with term to expire June 24, 1997:

3rd Congressional District:

Mrs. Emilie Amlund Fowler, P. O. Box 1285, Aiken, S.C. 29802

Reappointment, Member, Board of Health and Environmental Control, with term to expire June 30, 1997:

At-Large:

Mr. Robert J. Stripling, Jr., P. O. Box 66, Greenville, S.C. 29602

Having received a favorable report from the Committee on Education, on motion of Senator SETZLER, the following appointments were confirmed:

Reappointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1999:

At-Large:

Mr. Thomas L. Gregory, Post Office Drawer 1419, Columbia, S.C. 29202

Reappointment, Member, John de la Howe School Board of Trustees, with term to expire April 1, 1998:

At-Large:

Mrs. Irby H. Schultz, 120 Setting Sun Lane, Columbia, S.C. 29212

Having received a favorable report from the Committee on Finance, on motion of Senator DRUMMOND, the following appointments were confirmed:

Initial Appointment, Member, S.C. Interagency Merit System Council, with term to expire June 30, 1993:

Ms. Susan W. Devenny, 1006 Westover Place, Lancaster, S.C. 29720 VICE W. Thomas Lavender, Jr.

Reappointment, Member, S.C. Interagency Merit System Council, with term to expire June 30, 1998:

Ms. Susan W. Devenny, 1006 Westover Place, Lancaster, S.C. 29720

Reappointment, Member, S.C. Tax Commission, with term to expire May 20, 1999:

Mr. Crawford Clarkson, Jr., 4339 Chicora Street, Columbia, S.C. 29206

Local Appointments

Confirmations

Anderson County Magistrates, with terms to expire April 30, 1995:

Reappointments:

Honorable John Ashley, Post Office Box 214, Honea Path, S.C. 29654

Honorable Robert G. Gilstrap, 108 Olivarri Drive, Anderson, S.C. 29621

Honorable John M. McCoy, 1903 Highway 86, Piedmont, S.C. 29673

Honorable John W. Rogers, Post Office Box 731, Pelzer, S.C. 29669

Honorable William P. Steele, 100 South Main Street, Anderson, S.C. 29624

Initial Appointments:

Mr. James T. Busby, Jr., 1200 Good Hope Church Road, Starr, S.C. 29684 VICE Honorable Robert Wiles

Mr. David Crenshaw, 804 Cherry Street, Pendleton, S.C. 29670
VICE Honorable Steve Evans

Mr. Charles A. McDowell, 209 Lee Street, Anderson, S.C. 29624

Mr. Sherry E. Mattison, 2709 Edgewood Avenue, Anderson, S.C. 29625 VICE Honorable J. Ed Horton

Mr. John Suber, 330 Hamilton Street, Williamston, S.C. 29697 VICE Honorable Butler Ragsdale

Mr. Thomas H. Williams, 201 Grant Road, Townville, S.C. 29689 VICE Honorable William McAdams

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

Ms. Lila Mae Sanders, 39 Carroll Street, Allendale, S.C. 29810

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, April 23, 1993, it stand adjourned to meet next Tuesday, April 27, 1993, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 1:22 P.M., on motion of Senator BRYAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


This web page was last updated on Monday, June 29, 2009 at 4:08 P.M.