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, for a bit of perspective, hear the words of the Author of the Epistle to the Hebrews (1:10-22)(NEB):
"By Thee, Lord, were earth's founda-
tions laid of old, and
The heavens are the work of Thy hands.
They shall pass away, but Thou endurest;
Like clothes they shall all grow old;
Thou shalt fold them up like a cloak;
Yes, they shall be changed like any
garment, but Thou art the same
And Thy years shall have no end."
Let us pray.
O Lord, the world... and people... are changing before our very eyes. Whether for the better or for the worse we do not yet know.
Our prayer is that in the midst of this change we shall not be confused nor confounded.
Our trust, in the midst of an ailing planet and world-order, is in an imperishable, all-wise, eternal God who has spoken to us through the prophets of old, and has... in these latter years... spoken to us in Jesus Christ.
We cannot save the world, but help us to be a witness and an advocate of a God who can... on His terms!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator LAND introduced Dr. Clarence E. Coker, Jr. of Manning, Doctor of the Day.
On motion of Senator SETZLER, Senator SALEEBY was granted a leave of absence for today.
On motion of Senator McCONNELL, Senator ROSE was granted a leave of absence for the remainder of the day.
On motion of Senator POPE, Senator WILLIAMS was granted a leave of absence for today.
Senator POPE requested and was granted a leave of absence beginning at 1:00 P.M. today.
On motion of Senator MULLINAX, Senator O'DELL was granted a leave of absence for today.
Columbia, S.C., March 29, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3132 -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1625 SO AS TO PROVIDE THAT A RETIREE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY NOMINATE MORE THAN ONE BENEFICIARY TO TAKE A RETIREMENT ALLOWANCE AS PROVIDED BY SECTION 9-1-1620.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 29, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-356 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A GUN OR WEAPON WITHIN FIVE HUNDRED YARDS OF A CHICKEN LAYER OR BROILER HOUSE CONTAINING LIVE CHICKENS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 29, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 29, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 29, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS AND DUTIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 29, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
asks for a Committee of Conference, and has appointed Reps. Limehouse, Derrick and Gentry of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators PASSAILAIGUE, McCONNELL and POPE of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Columbia, S.C., March 21, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Very respectfully,
Speaker of the House
On motion of Senator LAND, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators LAND, MULLINAX and O'DELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., March 21, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Very respectfully,
Speaker of the House
On motion of Senator McLEOD, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators McLEOD, PEELER and BRYAN of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 988 -- Senator Waddell: A BILL TO AMEND SECTION 11-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REPORTING THE DEBT OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT THE STATE TREASURER ANNUALLY SHALL PUBLISH A STATEMENT OF THE OBLIGATIONS OF POLITICAL SUBDIVISIONS RATHER THAN FURNISH A STATEMENT TO THE COMPTROLLER GENERAL FOR INCLUSION IN THE ANNUAL REPORT OF THE COMPTROLLER GENERAL.
The House returned the Bill with amendments.
On motion of Senator WADDELL, the Senate agreed to the amendments made by the House of Representatives 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.
S. 842 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF AIR BASE ROAD IN RICHLAND COUNTY AS "ROBERT H. MORRELL ROAD".
Returned with concurrence.
Received as information.
S. 1173 -- Senators McGill, Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE SECRETARY OF AGRICULTURE OF THE UNITED STATES TO SEND A FACT-FINDING TEAM TO SOUTH CAROLINA SO AS TO ASSESS THE RECENT DAMAGES SUFFERED BY THE FARMERS OF THE STATE AS A RESULT OF HURRICANE HUGO AND TO PROVIDE FINANCIAL ASSISTANCE.
Returned with concurrence.
Received as information.
S. 1357 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 2, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.
Returned with concurrence.
Received as information.
H. 4471 -- Reps. Gentry and Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE BETWEEN SALUDA AND NEWBERRY COUNTIES ON ROAD S-41-391 AS THE "NOAH L. BLACK BRIDGE."
On motion of Senator POPE, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator POPE, the Resolution was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1453 -- Senator Lourie: A CONCURRENT RESOLUTION TO AUTHORIZE THE NATIONAL TRUST FOR HISTORIC PRESERVATION TO BE ADMITTED TO THE STATE HOUSE FOR THE PURPOSE OF TOURING THE HOUSE AND SENATE CHAMBERS ON SUNDAY, OCTOBER 21, 1990, IN RECOGNITION OF THE FORTY-FOURTH NATIONAL PRESERVATION CONFERENCE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1454 -- Senators Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE SNEAD SCHUMACHER OF WALHALLA IN OCONEE COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1455 -- Senator Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330, SO AS TO PROVIDE THAT FUNDS AVAILABLE FOR APPROPRIATION FROM THE CAPITAL RESERVE FUND MUST BE APPROPRIATED FOR PUBLIC SCHOOL CONSTRUCTION PROJECTS.
Read the first time and referred to the Committee on Finance.
S. 1456 -- Senators Helmly, Stilwell, Passailaigue, Giese, J. Verne Smith, Nell W. Smith, Hayes, O'Dell, Mitchell, Leatherman, Wilson, Rose, Hinds, Drummond, Macaulay, Holland and Lee: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.
Read the first time and referred to the General Committee.
S. 1457 -- Senator Mullinax: A BILL TO AMEND SECTION 43-5-550(h), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATE PLAN FOR THE DESIGN, IMPLEMENTATION, AND OPERATION OF A WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO FURTHER DEFINE REQUIRED SUPPORT SERVICES WHICH MUST BE PROVIDED WHEN PRESCRIBED IN THE INDIVIDUAL EMPLOYABILITY PLAN OF A CLIENT.
Read the first time and referred to the General Committee.
S. 1458 -- Senator Rose: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 2 SO AS TO ENACT THE SOUTH CAROLINA MANDATORY SUSPENSION OF PROFESSIONAL LICENSES ACT WHICH REQUIRES THE SUSPENSION FOR A PERIOD OF TWO YEARS OF ANY LICENSE, CERTIFICATE, REGISTRATION, OR PERMIT ISSUED TO A PERSON CONVICTED OF A DRUG OR CONTROLLED SUBSTANCES OFFENSE, AND MAKES PERSONS NOT HOLDING THESE LICENSES OR PERMITS INELIGIBLE FOR THEM FOR A PERIOD OF TWO YEARS IF CONVICTED OF A DRUG OR CONTROLLED SUBSTANCES OFFENSE.
Read the first time and referred to the Committee on Judiciary.
S. 1459 -- Senator Mitchell: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO SET ASIDE ONE PERCENT OF THE UNITED STATES GOVERNMENT'S DEFENSE BUDGET FOR PEACE AND URGING THE LEGISLATURES OF THE OTHER STATES OF THE UNION TO MEMORIALIZE CONGRESS FOR THE SAME GOAL.
Senator MITCHELL asked unanimous consent to make a motion that the Concurrent Resolution be take up for immediate consideration.
Senator WILSON objected.
Referred to the Committee on Finance.
S. 1460 -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO MARY BAKER OF GLOVERVILLE IN AIKEN COUNTY FOR HER LONG YEARS OF SERVICE TO THE AIKEN COUNTY DEMOCRATIC PARTY AND FOR HER DISTINGUISHED SERVICE FROM 1976 TO 1988 AS A MEMBER OF THE AIKEN COUNTY ELECTION COMMISSION.
On motion of Senator MOORE, with unanimous consent, the Senate Resolution was adopted.
S. 1461 -- Senators Macaulay, Nell W. Smith, Wilson and Giese: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 18, 1990, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, AND WINTHROP COLLEGE, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1990 AND TO FILL VACANT SEATS ON THESE BOARDS THE PRESENT TERMS FOR WHICH EXPIRE IN 1990 AND 1992.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1462 -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS' BASKETBALL TEAM OF RICHARD WINN ACADEMY OF FAIRFIELD COUNTY ON WINNING THE CLASS AA STATE CHAMPIONSHIP OF THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION FOR 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1463 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 50-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE FROM THE DEFINITION OF A MARINE DEALER THE REQUIREMENT OF SELLING A MINIMUM OF TWENTY WATERCRAFT OR OUTBOARD MOTORS A YEAR.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4554 -- Charleston Delegation: A CONCURRENT RESOLUTION URGING THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION CONSTRUCT A RAMP LEADING FROM THE PEARMAN BRIDGE AS AN OVERPASS TO PROVIDE COMMERCIAL MOTOR VEHICLE TRAFFIC ACCESS TO HIGHWAY 17 SOUTH AND INTERSTATE 26 AND URGING THE DEPARTMENT TO ELIMINATE COMMERCIAL MOTOR VEHICLE TRAFFIC THROUGH RESIDENTIAL NEIGHBORHOODS IMMEDIATELY AND PROVIDE AN ALTERNATE COMMERCIAL MOTOR VEHICLE ROUTE THROUGH THE PERIMETER OF THE RESIDENTIAL NEIGHBORHOODS.
Referred to the Committee on Transportation.
H. 4659 -- Rep. Farr: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.
Referred to the General Committee.
H. 4681 -- Reps. Limehouse, Kohn, G. Bailey and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THAT PORTION OF THE SAW MILL BRANCH ROAD PROJECT IN DORCHESTER COUNTY, UPON ITS COMPLETION, AS THE "BERLIN G. MYERS PARKWAY".
Referred to the Committee on Transportation.
H. 4812 -- Reps. Waites, Keyserling, Whipper, White, Manly, Rudnick, Glover, Neilson and Wells: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO REDUCE DEFENSE SPENDING TO FUND VITAL DOMESTIC NEEDS.
Referred to the Committee on Finance.
H. 4882 -- Reps. Wofford, Baker, Barfield, H. Brown, Bruce, M.D Burriss, T.M. Burriss, Clyborne, Cole, Corbett, Davenport, Derrick, Fair, Hallman, Haskins, Harrison, Hendricks, Huff, Jaskwhich, Keegan, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, McCain, McGinnis, Quinn, Rama, Sharpe, Simpson, Sturkie, Vaughn, Wells, Wilkins and Wright: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TAKE WHATEVER MEASURES NECESSARY TO PREVENT INTERSTATE REST AREAS FROM BECOMING PLACES FOR HOMOSEXUAL ACTS AND TO REQUEST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL NOT TO HAVE CONDOM MACHINES PLACED IN THE REST ROOMS AT THESE REST AREAS.
Referred to the Committee on Transportation.
H. 4908 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JOHN W. SIMMONS OF SPARTANBURG WHO WILL BE INSTALLED AS THE ONE HUNDRED TWENTY-SEVENTH PRESIDENT OF THE SOUTH CAROLINA MEDICAL ASSOCIATION ON APRIL 29, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4909 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ASSOCIATION OF CERTIFIED PUBLIC ACCOUNTANTS UPON THEIR SEVENTY-FIFTH ANNIVERSARY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3481 -- Reps. Lanford, Moss, Limehouse, Cole, Davenport, Haskins, Clyborne, H. Brown and Wofford: A BILL TO AMEND SECTION 44-63-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO REQUIRE COUNTY CORONERS TO ISSUE BURIAL-REMOVAL-TRANSIT PERMITS FOR VIOLENT AND ACCIDENTAL DEATHS OCCURRING OUTSIDE HOSPITALS, NURSING HOMES, OR OTHER INSTITUTIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4187 -- Rep. Farr: A BILL TO REQUIRE SECONDARY LEVEL PUBLIC SCHOOLS TO PROVIDE ACCESS TO THE CAMPUS AND STUDENT DIRECTORY INFORMATION TO OFFICIAL RECRUITING REPRESENTATIVES OF THE MILITARY FORCES OF THE STATE AND THE UNITED STATES IN A MANNER AT LEAST EQUAL TO THE SAME ACCESS PROVIDED TO OTHER PERSONS OR GROUPS WHICH MAKE STUDENTS AWARE OF OCCUPATIONAL OR EDUCATIONAL OPTIONS.
Read the first time and referred to the Committee on Education.
H. 4387 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE PARKING PRIVILEGES TO APPLY FOR AN OUT-OF-STATE MOTOR VEHICLE DISPLAYING EVIDENCE OF HANDICAP.
Read the first time and referred to the Committee on Transportation.
H. 4391 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD MAY DEVELOP AN OPTIONAL LONG-TERM CARE INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES DEPENDING ON THE AVAILABILITY OF A QUALIFIED VENDOR; AND TO REPEAL SECTION 9-1-70 RELATING TO THE OPTIONAL LONG-TERM CARE INSURANCE PROGRAM.
Read the first time and referred to the Committee on Finance.
H. 4427 -- Reps. J. Bailey, Rama, T. Rogers, Barber, McBride, Wright, Altman, Snow, Holt, Keegan, Quinn, Bruce, D. Martin, J. Harris, Washington, Whipper, T.M. Burriss, Moss, R. Brown, Burch, Waites, Glover, J. Brown, Fant, Wilkes, Rudnick, Wofford, Haskins, McCain, Wilkins, Manly, Lanford, McGinnis, Simpson, Vaughn, Wells, Davenport, Littlejohn, Farr, Cole, Chamblee, Huff, Keesley, Clyborne, Kohn, Mappus, Smith, Cooper, Sturkie, G. Bailey, M.D. Burriss, Corbett, Sharpe and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
Read the first time and referred to the Committee on Finance.
H. 4506 -- Rep. Altman: A BILL TO AMEND SECTION 38-77-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT TO EXCLUDE A PERSON FROM AUTOMOBILE LIABILITY INSURANCE COVERAGE, SO AS TO REQUIRE A LETTER CERTIFYING THAT THE DRIVER'S LICENSE OF THE PERSON EXCLUDED HAS BEEN DELIVERED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF REQUIRING AN AFFIDAVIT.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4713 -- Reps. Hayes, Kinon, Wilkins, McAbee, Harrison, McKay, Felder and McGinnis: A BILL TO AMEND SECTION 42-7-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKER'S COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL GUARD.
Read the first time and referred to the Committee on Judiciary.
H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR PURPOSES OF STATE INCOME TAX WITHHOLDING.
Read the first time and referred to the Committee on Finance.
H. 4788 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CERTIFICATION OF MINORITY BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1206, 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 Judiciary.
H. 4801 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT; TO IDENTIFY THE SOURCES OF FUNDS FOR APPROPRIATIONS; TO DISPOSE OF FUNDS APPROPRIATED BY ACT 189 OF 1989; TO AMEND SECTION 48-47-175, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON THE DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE, SO AS TO REQUIRE THE TAX TO BE REMITTED MONTHLY RATHER THAN QUARTERLY AND TO REQUIRE THE TAX FOR THE MONTH TO BE PAID NO LATER THAN TWENTY INSTEAD OF THIRTY DAYS FOLLOWING THE END OF THE MONTH; AND TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR PURPOSES OF STATE INCOME TAX WITHHOLDING.
Read the first time and referred to the Committee on Finance.
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Read the first time and referred to the Committee on Finance.
Senator SETZLER, from the Committee on Education, submitted a favorable with amendments report on:
S. 74 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO PROVIDE THAT NO EMPLOYMENT CONTRACT FOR AN ATHLETIC COACH ENTERED INTO BY A PUBLIC COLLEGE OR UNIVERSITY MAY BE FOR MORE THAN FOUR YEARS' DURATION, AND TO PROVIDE THAT NO SUCH CONTRACT MAY BE EXTENDED BEYOND ITS ORIGINAL DURATION.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable with amendments report on:
S. 630 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
Ordered for consideration tomorrow.
Senator HAYES, from the Committee on Judiciary, submitted a majority favorable with amendments and Senator LONG a minority unfavorable report on:
S. 732 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, SO AS TO DELETE ONE OF THE CONDITIONS UNDER WHICH THE IDENTITIES OF AN ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE REVEALED TO EACH OTHER.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4894 -- Reps. McLellan and Farr: A CONCURRENT RESOLUTION TO NAME THE CENTRAL OFFICE OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AT 1550 GADSDEN STREET IN COLUMBIA AS THE ROBERT E. DAVID STATE OFFICE BUILDING.
Ordered for consideration tomorrow.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:
(R432) S. 989 -- Senator Waddell: AN ACT TO AMEND SECTION 23-43-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND REQUIRED OF LICENSED MANUFACTURERS OF MODULAR BUILDINGS AND REPRESENTATIVES OF MANUFACTURERS OF MODULAR BUILDINGS, SO AS TO ALLOW COLLATERAL ACCEPTABLE TO THE STATE TREASURER TO BE SUBSTITUTED FOR THE BOND.
(R433) S. 1198 -- Senators Setzler and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-115 SO AS TO PROVIDE THAT PERSONS APPLYING FOR INITIAL CERTIFICATION TO BECOME CERTIFIED EDUCATION PERSONNEL SHALL UNDERGO CERTAIN FINGERPRINT REVIEWS, AND TO PROVIDE THAT THE FEES CHARGED FOR THESE REVIEWS MUST BE PAID BY THE APPLICANT.
(R434) S. 627 -- Senator Patterson: AN ACT TO AMEND SECTION 59-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO PROVIDE THAT SICK LEAVE ACCUMULATED WHILE EMPLOYED BY A SCHOOL DISTRICT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE, AND TO RESTORE NOT MORE THAN SIXTY DAYS OF SICK LEAVE OF CERTAIN EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION.
(R435) S. 1230 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING PROFESSIONAL EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R436) S. 938 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-52-165 SO AS TO PROVIDE FOR OFFENSES INVOLVING THE USE OF ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, FIREARMS, AND DANGEROUS WEAPONS BY A PATIENT RECEIVING INPATIENT SERVICES FROM THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS ACT.
(R437) S. 904 -- Senator Saleeby: AN ACT TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 6 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT.
(R438) S. 1044 -- Senator Pope: AN ACT TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUCK DRIVER TRAINING SCHOOLS, BY ADDING SECTION 56-1-2045 SO AS TO PROVIDE THAT A PERSON QUALIFIES TO BE A STUDENT AT A TRUCK DRIVER TRAINING SCHOOL IN THIS STATE IF HE HAS A SOUTH CAROLINA CLASS THREE LEARNER'S PERMIT OR AN EQUIVALENT PERMIT ISSUED BY HIS STATE OF RESIDENCE.
(R439) S. 1257 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PHYSICAL FITNESS SERVICES CENTER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R440) S. 1325 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.
(R441) H. 4664 -- Reps. Phillips and Moss: AN ACT TO PROVIDE FOR THE FILING PERIOD IN WHICH CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST FILE FOR OFFICE.
(R442) H. 3106 -- Rep. D. Martin: AN ACT TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF ANY ENTRANCE USED BY THE VOTERS TO ENTER THE POLLING PLACE INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
(R443) H. 3441 -- Reps. Winstead and Holt: AN ACT TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO THIRTY DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.
(R444) H. 4422 -- Rep. Snow: AN ACT TO AMEND CHAPTER 37, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEES, SO AS TO PROVIDE FOR INSPECTION OF BEES AND FIXTURES AND FOR THE CONTROL AND ERADICATION OF ALL DISEASES WHICH MAY INFECT THEM AND TO PROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF REGULATIONS TO IMPLEMENT THOSE PURPOSES.
(R445) H. 4583 -- Rep. Koon: AN ACT TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS IN LAKE MURRAY, SO AS TO FURTHER PROVIDE FOR THE WATERS TO WHICH THIS PROVISION APPLIES.
(R446) H. 4688 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR DEPARTMENT OF YOUTH SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1198, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R447) H. 4687 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1174, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R448) H. 4690 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1210, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R449) H. 4567 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1173, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R450) H. 3744 -- Reps. Short and Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.
(R451) H. 4708 -- Rep. Corning: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOSE CREEK IZAAK WALTON LEAGUE OF AMERICA.
(R452) H. 4615 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
(R453) H. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-23-55, SO AS TO DEFINE SAMPLE AS A UNIT OF A DRUG NOT INTENDED BY THE MANUFACTURER TO BE SOLD AND WHICH IS INTENDED TO PROMOTE THE SALE OF THE DRUG, PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM REQUIRING THE LABELING OF A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN DOES NOT REQUIRE A FEDERAL OR STATE CONTROLLED SUBSTANCE LICENSE TO DISPENSE, WHEN HE DISPENSES IT TO A PATIENT FOR NO CHARGE, TO REQUIRE THE PHYSICIAN TO LABEL THE SAMPLE IF IT IS NOT IN THE MANUFACTURER'S ORIGINAL PACKAGE, REQUIRE HIM TO GIVE ADEQUATE DIRECTIONS FOR USAGE IF DIRECTIONS ARE NOT PROVIDED ON THE MANUFACTURER'S PACKAGE, AND TO PROVIDE THAT THE LABELING EXEMPTION PROVIDED BY THIS SECTION DOES NOT APPLY WHEN MORE THAN ONE HUNDRED TWENTY DOSAGE UNITS OR A THIRTY-DAY SUPPLY OF A DRUG IN SOLID FORM OR EIGHT OUNCES IN LIQUID FORM IS DISPENSED.
(R454) H. 4547 -- Ways and Means Committee: AN ACT TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.
(R455) H. 4220 -- Reps. P. Harris, Blackwell and Waldrop: A JOINT RESOLUTION TO DIRECT THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD TO STUDY THE ADULT DAY CARE SERVICE NEEDS OF STATE EMPLOYEES WHO CURRENTLY ARE TAKING CARE OF FAMILY MEMBERS AND TO EXAMINE WAYS OF PROVIDING STATE-SUPPORTED ADULT DAY CARE SERVICES.
(R456) H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R457) H. 3793 -- Reps. Hearn, Wilder and Baxley: AN ACT TO AMEND SECTIONS 10-5-230 AND 10-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP AND OFFICERS OF THE BOARD; TO AMEND SECTION 10-5-260, RELATING TO BARRIER-FREE STANDARDS OF PUBLIC BUILDINGS, SO AS TO PROVIDE THAT THE OWNER OR OCCUPANT OF A PROPERTY REQUIRED TO HAVE BARRIER-FREE ELEMENTS OR COMPONENTS SHALL MAINTAIN THESE ELEMENTS OR COMPONENTS IN A SAFE AND USABLE CONDITION; TO AMEND SECTION 10-5-270, RELATING TO THE WAIVER OR MODIFICATION OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT, MODIFICATION, AND WAIVER OF THESE STANDARDS AND SPECIFICATIONS, AND TO REQUIRE LOCAL BUILDING BOARDS OF ADJUSTMENT APPEALS TO HAVE CERTAIN MEMBERS; TO AMEND SECTION 10-5-273, RELATING TO AN EXCEPTION TO THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE SO AS TO MAKE CERTAIN GRAMMATICAL CHANGES; TO AMEND SECTION 10-5-290, RELATING TO ACTIONS FOR VIOLATION OF REGULATIONS CONCERNING BARRIER-FREE PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE REGULATIONS WHICH GIVE RISE TO THESE ACTIONS; TO AMEND SECTION 10-5-300, RELATING TO THE ENFORCEMENT OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT; TO AMEND SECTION 10-5-310, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH BARRIER-FREE STANDARDS, SO AS TO PROVIDE FOR ADDITIONAL ACTS WHICH SUBJECT A PERSON PERFORMING OR FAILING TO PERFORM THEM TO THESE PENALTY PROVISIONS AND TO PROVIDE THAT EACH DAY THE VIOLATION EXISTS CONSTITUTES A SEPARATE OFFENSE; AND TO AMEND SECTION 10-5-320, RELATING TO SUITS FOR INJUNCTION FOR NONCOMPLIANCE WITH BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS AUTHORIZED TO SEEK THIS INJUNCTIVE RELIEF.
(R458) H. 4564 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OPERATION AND FUNDING OF TEACHER TRAINING COURSES IN MATHEMATICS, SCIENCE, READING AND COMPUTER EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R459) H. 4689 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1209, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R460) H. 4565 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R461) H. 4233 -- Reps. McLellan and L. Martin: AN ACT TO AMEND SECTION 50-11-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO PROVIDE NEW OFFENSES AND PENALTIES PERTAINING TO THE TAKING OF BEAR AND BEAR PARTS AND TO DELETE THE PROVISION FOR THE ISSUANCE OF PERMITS TO KILL NUISANCE BEARS.
(R462) H. 4692 -- Reps. D. Williams, J. Williams, H. Brown and Wofford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-139 SO AS TO ESTABLISH A NO WAKE ZONE ON THE TAIL RACE CANAL IN BERKELEY COUNTY FROM THE HIGHWAY 52 BRIDGE TO ONE HUNDRED YARDS BELOW THE DOCK RESTAURANT.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 4685 -- Rep. Wilder: A BILL TO AMEND ACT 501 OF 1971, AS AMENDED, RELATING TO VOCATIONAL EDUCATION IN BARNWELL COUNTY, SO AS TO CHANGE THE MEMBERSHIP OF THE VOCATIONAL EDUCATION SCHOOL BOARD.
S. 1427 -- Senator Holland: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE TRAFFIC-CONTROL LIGHTS AT CERTAIN DESIGNATED HIGHWAYS AND INTERSECTIONS IN KERSHAW COUNTY.
Senator MULLINAX proposed the following amendment (Doc. No. 1070o):
Amend the Joint Resolution, as and if amended, by striking all after the title and before the enacting words and inserting:
/Whereas, because of the degree of traffic and the location of certain highways and intersections in many counties, there is an imperative need for additional traffic-control lights; and
Whereas, in the interest of the public's safety, the members of the General Assembly desire, by this resolution, to provide for additional traffic-control lights to be placed in certain locations. Now, therefore,/
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. The Department of Highways and Public Transportation is directed to place traffic-control lights at the following intersections in Anderson County and in the following order of priority:
(1) Liberty U.S. Highway 178 and Brown Road;
(2) South Carolina Highway 81 and Reed Road;
(3) U.S. Highway 76 and the Michelin entrance;
(4) Concord Road and Reed Road;
(5) Calhoun Street and Marshbank Street./
Renumber sections to conform.
Amend title to conform.
Senator MULLINAX explained the amendment.
Senator GIESE objected to further consideration of the Joint Resolution.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading with notice of general amendments:
S. 1343 -- Senators Pope, Bryan, Russell, Setzler and Drummond: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
Senator POPE explained the Bill.
H. 4463 -- Reps. Snow, G. Brown, Barfield and Bruce: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NUISANCE SUITS IN AGRICULTURAL OPERATIONS, SO AS TO FURTHER DEFINE "OPERATIONS" AND MAKE THE PROVISIONS APPLICABLE TO ALL AGRICULTURAL FACILITIES AS DEFINED.
Senator POPE explained the Bill.
S. 1450 -- Senators Passailaigue and Rose: A JOINT RESOLUTION TO PROVIDE THAT A TIMELY LETTER SENT BY A TAXPAYER TO THE SOUTH CAROLINA TAX COMMISSION WITH RESPECT TO AMOUNTS THAT MAY BE DUE THE TAXPAYER FOR THE 1986 TAXABLE YEAR ARISING UNDER THE CASE OF DAVIS V. MICHIGAN CONSTITUTES A CLAIM FOR REFUND FOR PURPOSES OF THE STATE INCOME TAX.
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Senator HOLLAND asked unanimous consent to make a motion to take the Bill up for immediate consideration.
Senator HOLLAND explained the Bill.
Senator HOLLAND asked unanimous consent to make a motion that the Bill be given a second reading, carrying over all amendments to third reading.
Senator SHEALY objected.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
S. 793 -- Senator Hinds: A BILL TO AMEND SECTION 58-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROVISIONS GOVERNING MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE EXCEPTION OF TRANSPORTING PASSENGERS WITHIN A DISTANCE OF FIVE MILES FROM THE LIMITS OF A MUNICIPALITY.
S. 1207 -- Senator McGill: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE QUESTION ON A REFERENDUM FOR CHANGING THE NUMBER OF COUNCIL MEMBERS OR THE METHOD OF ELECTION OF COUNCIL MEMBERS MAY BE HELD NO SOONER THAN TWELVE MONTHS AFTER AN ELECTION ON THE SAME QUESTION.
Senator McGILL explained the Bill.
S. 1222 -- Senator Williams: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.
On motion of Senator POPE, with unanimous consent, S. 1222 was ordered to receive a third reading on Friday, March 30, 1990.
S. 1241 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9 TO ARTICLE 13, CHAPTER 7, TITLE 20 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE AND FOR PENALTIES.
S. 1265 -- Senators Hayes, Moore and Nell W. Smith: A BILL TO AMEND SECTION 20-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION AND A GUARDIAN AD LITEM FOR A CHILD IN A CHILD ABUSE AND NEGLECT PROCEEDING, SO AS TO PROVIDE FOR THE PROCEEDINGS UNDER WHICH THE GUARDIAN AD LITEM SERVES.
On motion of Senator HAYES, with unanimous consent, S. 1265 was ordered to receive a third reading on Friday, March 30, 1990.
S. 1369 -- Senators McConnell, Leatherman, Rose and Drummond: A BILL TO AMEND SECTION 11-35-3030(2)(a), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND PAYMENT BONDS CONCERNING CONSTRUCTION CONTRACTS SO AS TO PROVIDE THAT SECURITY MAY BE PROVIDED IN LIEU OF A PERFORMANCE BOND AND PAYMENT BOND WHEN THE CONTRACT DOES NOT EXCEED FIFTY THOUSAND DOLLARS.
H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.
Senator HINDS explained the Bill.
H. 4300 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO INCREASE THE SIZE OF THE LABEL REQUIRED TO BE INSTALLED ON THE DEVICES FROM ONE AND ONE-HALF SQUARE INCH TO TWO SQUARE INCHES AND TO REQUIRE THE LABEL TO INCLUDE THE INSTALLER'S NAME, ADDRESS, AND TELEPHONE NUMBER INSTEAD OF THE MANUFACTURER'S NAME.
S. 1449 -- Senator Leventis: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE MIDLAND RETIRED MILITARY ASSOCIATION OF SOUTH CAROLINA.
S. 1440 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WADDELL spoke on the Bill.
Senator PASSAILAIGUE proposed the following amendment (Doc. No. 0544I), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
"SECTION __. Section 12-47-445 of the 1976 Code is repealed."
Amend title to conform.
Renumber sections to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Hayes Hinds Hinson Land Leatherman Martin McGill McLeod Moore Mullinax Smith, J.V. Stilwell
NAYS
Bryan Giese Gilbert Helmly Holland Lee Leventis Long Lourie Macaulay Martschink Matthews McConnell Mitchell Passailaigue Patterson Peeler Pope Shealy Smith, N.W. Thomas Waddell Wilson
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martschink Matthews McConnell McGill Mitchell Moore Mullinax Passailaigue Patterson Peeler Pope Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Wilson
NAYS
Drummond Martin
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1206 -- Senators Long and Hinds: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER, ELECTION, AND TERM OF SOLICITORS, SO AS TO REQUIRE THE SOLICITOR TO BE LICENSED TO PRACTICE LAW IN SOUTH CAROLINA AND HAVE A MINIMUM OF FIVE YEARS' EXPERIENCE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 3241J) was adopted as follows:
Amend the bill, as and if amended, page 1, line 6 of Section 1-7-310, as contained in SECTION 1, by striking /be a candidate for/ and inserting therein /serve as/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LONG, with unanimous consent, S. 1206 was ordered to receive a third reading on Friday, March 30, 1990.
S. 1227 -- Senators Shealy, Martschink, Setzler, Bryan, Wilson and Rose: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 SO AS TO PROVIDE SPECIAL MOTOR VEHICLE LICENSE PLATES FOR MEMBERS OF THE UNITED STATES NAVAL RESERVE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator COURSON proposed the following amendment (Doc. No. 3298R), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-6110. The number of plates that may be issued to members of the United States Naval Reserve and the Marine Corps Reserve by the department must equal the number of private motor vehicles registered in those persons' names in this State. The total number of the plates issued to any one person may not exceed three. The department shall issue the plates for a particular motor vehicle registered in that person's name and the plates may be transferred only to another vehicle upon compliance with the provisions of Section 56-3-6130.
Section 56-3-6120. The special license plates must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted 'Naval Reserve' or 'Marine Corps Reserve', together with numbers as the department may determine. The annual fee for the special license plates is fifteen dollars in addition to the regular motor vehicle registration fee prescribed in Article 5 of this chapter. The plates must be issued for annual periods from November first to October thirty-first.
Section 56-3-6130. License plates issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application approved by the department. It is unlawful for a person to whom the plates have been issued knowingly to permit them to be displayed on a vehicle except the one authorized by the department. If a holder of special license plates ceases to be an active member of the United States Naval Reserve or the United States Marine Corps Reserve he shall return the plates to the department immediately."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS; AND TO AMEND TITLE 12, RELATING TO TAXATION BY ADDING CHAPTER 40, SO AS TO PROVIDE FOR A UNIFORM CLASSIFICATION SYSTEM FOR THE COMPENSATION OF COUNTY AUDITORS AND TREASURERS, AND FOR OTHER MATTERS RELATING TO THEIR DUTIES, COMPENSATION, AND BENEFITS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (Doc. No. 1049o) was adopted as follows:
Amend the bill, as and if amended, in Section 12-31-15 of the 1976 Code, as contained in SECTION 1, by striking subsection (A) in its entirety.
Amend the bill further, as and if amended, in Section 12-45-15 of the 1976 Code, as contained in SECTION 2, by striking subsection (A) in its entirety.
Renumber subsections to conform.
Amend title to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS AND BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS.
Senator WADDELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator WADDELL, with unanimous consent, H. 3773 was ordered to receive a third reading on Friday, March 30, 1990.
H. 4591 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The amendment proposed by the Committee on Agriculture and Natural Resources (Doc. No. 1126X) was adopted as follows:
Amend the bill, as and if amended, by striking Section 39-22-20, as contained in SECTION 1, and inserting:
/Section 39-22-20. To safeguard the interest of holders of warehouse receipts issued under this chapter, Chapter 19 of this title, and Chapter 7 of Title 36, the department shall require a surety bond or equivalent security from the applicant for a warehouse license for the faithful performance of his duties. The bond or other security must be in an amount of twenty-five thousand dollars for each warehouse. The bond must provide that the warehouseman personally shall account for and pay over, according to law, all money and property received by him and, in cases of default, the surety shall pay all damages, costs, and expenses resulting from the default. In the event of a default, the holder of the warehouse receipt may proceed directly against the warehouseman or surety or both on the bond to recover the loss and a surety or other insurer who has been required to respond financially upon the action must be subrogated to all rights of the holder of the warehouse receipt.
The department shall assist the warehousemen in obtaining their individual bonds at the best available rate under a group plan, when possible./
Amend further, Section 39-22-110, as contained in SECTION 1, by adding at the end: /The county of origin may appear on the tag./
Amend further by striking Section 39-22-150 and inserting:
/Section 39-22-150. All net revenues derived from operation of the state warehouse system must be transferred annually to a special account in the State Treasury until the sum of three million dollars accrues. When the fund reaches three million dollars, these transfers shall cease; however, all interest and investment revenue shall accrue solely to the fund and be returned annually to the fund. In order to support the increase of this fund, the funds must be invested at interest by the State Treasurer who shall credit the interest earned on the funds to the increase of the fund up to and above three million dollars. In addition to the interest, the commissioner shall assess an amount ratably against each warehouseman in this State issuing warehouse receipts a special additional fee not to exceed ten cents a bale of cotton or one cent a bushel of soybeans and one-half cent a bushel of any other stored feed grains or oil seeds for which warehouse receipts have been issued. The additional assessment may be charged not more than once for each receipt issued on a bale of cotton or bushel of grain. When the fund has reached the total sum of one million, five hundred thousand dollars, the special additional assessment must be discontinued. If the fund is reduced to below one million dollars, the assessment must be resumed. The funds must be used to guarantee state warehouse receipts in excess of an amount recovered from the bonds required by this chapter. If there is an insufficient amount of money in the fund to cover all claims against the fund, payments must be made on a pro rata basis up to one hundred percent of the total loss of each claimant. If payment is not received in the amount of one hundred percent then additional amounts must be paid as funds become available until payment of one hundred percent of the total is attained. The state's guarantee of warehouse receipts is based on monies available through the required bonds and the fund. Upon approval of a claim to the fund and before payment from the fund, the claimant shall subrogate his interest, if any, to the department in a cause of action against all parties relating to the claim. In no event may the funds be available for the reimbursement of an insurer or surety on the bonds required by this chapter, Chapter 19 of this title, or Chapter 7 of Title 36, who has paid a loss under this chapter. All income, interest or otherwise, derived from this guaranty fund must be reinvested in the fund. Fifty thousand dollars of the income must be paid into the general fund of the State. Any of the funds not appropriated for the employment of additional auditors for the warehousemen and Dealers and Handlers Division of the Department of Agriculture must be returned to the fund./
Amend further by striking Section 39-22-170 and inserting:
/Section 39-22-170. The extent of the state's liability is limited to the amount of monies available through the guaranty fund and, therefore, no debt or other liability may be created against the State by reason of the licensing of a warehouse under this chapter except as provided by this chapter./
Amend further, Section 39-22-200, by striking /in its safe/ on line 6 of the section and inserting /properly locked and secured/.
Amend title to conform.
Senator LAND explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LAND, with unanimous consent, H. 4591 was ordered to receive a third reading on Friday, March 30, 1990.
S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator WADDELL explained the Joint Resolution.
Senator SHEALY objected to further consideration of the Resolution.
H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator POPE explained the amendment.
On motion of Senator DRUMMOND, the Concurrent Resolution was carried over.
The following Bills were carried over:
S. 1280 -- Senators Fielding, Courson, Land, Patterson, Passailaigue, Gilbert, Lee, Hayes, Hinds, Matthews, Helmly, Waddell and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
S. 1244 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
H. 3768 -- Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.
S. 1432 -- Senators Shealy, Drummond, Helmly, Hinson, Long, Martschink, Passailaigue, Rose, Setzler and Wilson: A CONCURRENT RESOLUTION COMMENDING THE TROOPERS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR AGGRESSIVE ENFORCEMENT OF THE STATE'S TRAFFIC LAWS WHICH RESULTED IN A SIGNIFICANT DECREASE IN TRAFFIC FATALITIES IN 1989.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4784 -- Reps. Harvin, H. Brown and Winstead: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, APRIL 24, 1990, AS "BAPTIST COLLEGE DAY" AT THE STATE HOUSE AND THROUGHOUT SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4865 -- Reps. Harvin, J.C. Johnson, Neilson, M.D. Burriss, Holt, Nesbitt, G. Brown, Wilkes, Tucker, Smith, Klapman, McLellan, Barber, Sharpe, T. Rogers, Quinn, Corning, Blackwell, Rama, Waites, Harrison, Cork, Wofford, Fant, Keegan, Moss, Farr, Mattos, Gordon, Burch, McCain, Bennett, Keesley, Huff, Corbett, McGinnis, Jaskwhich, Kinon, Sturkie, Faber, J. Bailey, Koon, Wilder, Wells, Baker, D. Williams, Littlejohn, Cole, Ferguson, Glover, Whipper, Hallman, Phillips, T.C. Alexander, Kirsh, Haskins, Barfield, Lanford, Manly, McEachin, Kay, McAbee, McLeod, Blanding, McTeer, Snow, Altman, Rudnick, L. Martin, Vaughn and J. Rogers: A CONCURRENT RESOLUTION DESIGNATING OCTOBER 1990 AS "SOUTH CAROLINA LIBRARY ASSOCIATION MONTH" AND RECOGNIZING THE CONTRIBUTIONS OF LIBRARIES AND LIBRARIANS TO THE EDUCATIONAL, CULTURAL, ECONOMIC, AND RECREATIONAL RESOURCES OF THE STATE.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3702 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (Doc. No. 1131X), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 42-1-375 and inserting:
/Section 42-1-375. This title does not apply to licensed real estate sales persons engaged in the sale, leasing, or rental of real estate for a licensed real estate broker on a straight commission basis over whom the broker has no control and who has signed an independent contractor agreement with the broker./
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
On motion of Senator WADDELL, with unanimous consent, the Senate agreed that when the Senate adjourns on Thursday, that it meet for local and uncontested matters on Friday at 11:00 A.M., and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, April 3, 1990 at 12:00 Noon.
On motion of Senator MACAULAY, with unanimous consent, the Senate adjourned out of respect to the memory of Snead Schumacher, former member of the House of Representatives and the Senate.
At 1:23 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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