Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index
| Printed Page 530, Feb. 9 | Printed Page 550, Feb. 14 |
Printed Page 540 . . . . . Tuesday, February 14, 1995
S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.

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

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.

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

S. 508 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3905 SO AS TO PROHIBIT A PERSON FROM BEING TRANSPORTED IN THE OPEN BED OR CARGO AREA OF A

Printed Page 541 . . . . . Tuesday, February 14, 1995
PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.

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

S. 509 -- Senator Reese: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR.

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

S. 510 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 511 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 512 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO COMMEND JAMES R. MCGEE OF ORANGEBURG COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE ON THE ORANGEBURG COUNTY COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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

S. 513 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO COMMEND VERNON OTT, JR., OF ORANGEBURG COUNTY FOR HIS SEVENTEEN YEARS OF DEDICATED SERVICE TO THE CITIZENS OF ORANGEBURG

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COUNTY WHILE SERVING ON THE ORANGEBURG COUNTY COUNCIL AND WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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

S. 514 -- Senators Rankin, Greg Smith, Rose, Land and Elliott: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES, BY ADDING CHAPTER 37 SO AS TO PROVIDE THAT COUNTIES ARE AUTHORIZED UPON FAVORABLE REFERENDUM TO ESTABLISH TRANSPORTATION AUTHORITIES TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, EQUIPPING, AND OPERATING HIGHWAYS, ROADS, STREETS, AND BRIDGES, EITHER ON THEIR OWN OR IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; AND TO AMEND SECTION 57-5-1330 OF THE 1976 CODE, RELATING TO TURNPIKES, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY NOT DESIGNATE ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY WHICH RECEIVES FUNDS FROM THE SPECIAL LOCAL OPTION SALES TAX PROVIDED IN CHAPTER 37 AS A TURNPIKE.

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

H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody- Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

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

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

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

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H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

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

H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.

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

H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT IN THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY THE OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF INDIVIDUAL PROGRAM COMPONENTS.

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

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H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

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

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

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

H. 3505 -- Education and Public Works Committee: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

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

H. 3506 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS

Printed Page 545 . . . . . Tuesday, February 14, 1995
REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3510 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.

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

REPORTS OF STANDING COMMITTEES

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

S. 115 -- Senators Rose and Leventis: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS CLEAR SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAIN A PROVISION REQUIRING BOOKS OR INSTRUCTIONAL MATERIALS TO BE FREE OF CERTAIN SUBSTANTIVE ERRORS AND THAT THE CONTRACT MUST ALLOW THE STATE BOARD TO REQUIRE REASONABLE REMEDIES IF AN ERROR IS FOUND; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF TEXTBOOK EVALUATION AND RATING COMMITTEES AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.

Ordered for consideration tomorrow.

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

S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

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TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

Ordered for consideration tomorrow.

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

THIRD READING BILLS

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

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

Senator COURTNEY explained the Bill.

S. 265 -- Senators Stilwell, Courtney, Rose and Giese: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS

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TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.

Senator BRYAN explained the Bill.

AMENDED, READ THE SECOND TIME

S. 330 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese and Rose: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

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

The Medical Affairs Committee proposed the following amendment (PFM\7145AC.95), which was adopted:

Amend the bill, as and if amended, page 1, line 21, by deleting /May 1-5,/ and inserting /May 2-5,/.

Amend further, page 1, line 25, by deleting /a State Conference/ and inserting /the Governor's Conference/.

Amend title to conform.

Printed Page 549 . . . . . Tuesday, February 14, 1995
Senator GIESE proposed the following amendment (330R001.WKG), which was adopted:

Amend the resolution, as and if amended, page 2, line 2, by striking the words /White House/ and inserting the word:

/Governor's/

Amend title to conform.

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

AMENDED, READ THE SECOND TIME

S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.

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

The Medical Affairs Committee proposed the following amendment (BR1\18146AC.95), which was adopted:

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

/SECTION 1. Section 43-21-180 of the 1976 Code, as last amended by Section 1029, Act 181 of 1993, is further amended to read:

"Section 43-21-180. (A) Until the assets of Funds deposited in the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the trust fund each year from contributions plus and all earnings from the investment of monies of the trust fund credited during the previous fiscal year these funds, after allowances for operating expenses, is are available for disbursement upon authorization of the division. However, in any year in which more than two hundred thousand

Printed Page 550 . . . . . Tuesday, February 14, 1995
dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the division."

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