South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

THURSDAY, JUNE 7, 1990

Thursday, June 7, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words recorded in "Today's English Version" rendering of what has been called the Mizpah Benediction... Genesis (31:49):

"May the Lord keep an eye on us

While we are separated from each other".
Let us pray.

God of our fathers, the Journal will record for all time the formal record of our stewardship. However, You, alone, know the agony of our labors through these months. You know the joys of our victories. You know the bitterness of our defeats. You know the disquietude and the cautious optimisms of our compromises!

As we come to the closing hours of this Session:

We thank You and our people for the privilege of serving in these hallowed halls!

We lay before You our individual and corporate records of our stewardship.

Where our proposals have found favor in Your sight, grant swift and effective usefulness in the lives of our people.

Where we have erred in thought... or word... or deed... in small or large endeavors, we pray for Your forgiveness, and the opportunity in some future time to set things right.

Beloved, receive the benediction in the words of Aaron, the brother of Moses:

"The Lord bless thee, and keep thee.

The Lord make his face shine upon thee... and be gracious unto thee.

The Lord lift up his countenance upon thee, and give thee peace... Now and forevermore." Amen.

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

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

June 6, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Appointment, Member, Insurance Commission, with term to expire June 30, 1996:

2nd Congressional District:

Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Stonewall Richburg

Referred to the Committee on Banking and Insurance.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

June 6, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:

Jasper/Beaufort:

Mr. Sumner Pingree, Post Office Box 30, Sheldon, S.C. 29941 VICE Nada Williams

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

May 10, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

STATEWIDE APPOINTMENT

Appointment, Member, South Carolina Board of Youth Services, with term to expire September 30, 1995:

2nd Congressional District:

Mr. J.P. Neal, 4000 Pine Cone Drive, Columbia, S.C. 29204 VICE Ms. Gloria Levy

Referred to the Committee on Corrections and Penology.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

June 5, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Local Appointments

Reappointments, Hampton County Magistrate:

Mary F. Henderson, Post Office 314, Hampton, S.C. 29924

Virgin Johnson, Sr., Route 2, Box 15, Estill, S.C. 29918

Algernon Gibson Solomons, Jr., Post Office Box 969, Estill, S.C. 29918

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

June 5, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Local Appointments

Reappointments, Clarendon County Magistrates:

Bobby Ray Floyd, Route 1 Box 617, Lake City, S.C. 29560

Eugene Allen Failmezger, 23 Church Street, Summerton, S.C. 29148

James Dingle, Post Office Box 344, Manning, S.C. 29102

Annelle Powell, Post Office Box 371, Manning, S.C. 29102
William Rogers DuBose, Post Office Box 427, Summerton, S.C. 29148

Rueben B. Clark, Route 2, Box 605, Pinewood, S.C. 29125

Willie Lee Bethune, Post Office Box 93, Gable, S.C. 29051

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

June 5, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Local Appointments

Reappointments, Jasper County Voter Registration Board:

Mabel Jenkins, Route 1, Box 59, Garnett, S.C. 29922

Richard WIlliams, P.O. Box 81, Hardeeville, S.C. 29927

Louise M. Baker, P.O. Box 1273, Ridgeland, S.C. 29936

Hattie Bennett, Route 1, Box 187, Hardeeville, S.C. 29927

Hazel C. Smith, Route 1, Box 128, Early Branch, S.C. 29916

VETO OVERRIDDEN
State of South Carolina
Office of the Governor

June 6, 1990
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1593, R-664, a Joint Resolution:
TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
This veto is based upon the fact that the provisions of this Joint Resolution are identical to the provisions of H. 5090, R-649, which I signed into law on May 31, 1990. It is my view that since the purpose of this Joint Resolution has already been accomplished, the Joint Resolution is unnecessary and should be vetoed.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

Senator SHEALY moved that the veto of the Governor be overridden.

The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?

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

AYES

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lindsay                   Long                      Lourie
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson

TOTAL--46 NAYS

Total--0

The necessary vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Leave Of Absence

Senator PASSAILAIGUE requested and was granted a leave of absence beginning at 11:45 A.M. until 4:00 P.M. today.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Sturkie, Bennett and Barber of the Committee of Conference on the part of the House on:
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.

Very respectfully,
Speaker of the House

Received as information.

CONFERENCE REPORT ADOPTED

S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.

On motion of Senator ROSE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator ROSE explained the Report.

On motion of Senator ROSE, with unanimous consent, the Report (Doc. No. 2222X) was adopted as follows:

CONFERENCE REPORT

The General Assembly, Columbia, S.C., June 6, 1990.

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION 1.   Chapter 15, Title 17 of the 1976 Code is amended by adding:

"Section 17-15-240.   Court officers authorized by law to receive bail bond money may deposit that money in interest-bearing accounts in a financial institution in which deposits are insured by an agency of the United States government. The interest earned on the accounts is considered public funds and must be distributed as follows:

(1)   Interest on bail bond money received for offenses triable in municipal court or held for transmittal to the county clerk of court must be credited to the general fund of the municipality.

(2)   Interest on bail bond money received for offenses triable in magistrates court or held for transmittal to the county clerk of court must be credited to the general fund of the county.

(3)   Interest on bail bond money received by the county clerk of court for offenses triable in family and circuit court must be credited to the general fund of the county.

South Carolina Court Administration shall prescribe appropriate procedures for handling and accounting for bail bond interest."

SECTION   2.   This act takes effect July 1, 1990./

Amend title to conform.

/s/Michael T. Rose                /s/Robert W. Hayes, Jr.
John Drummond                     /s/Howell Clyborne, Jr.
/s/H. Samuel Stilwell             /s/Larry E. Gentry
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

ORDERED ENROLLED FOR RATIFICATION
Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.
Very respectfully,
Speaker of the House

The report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

ORDERED ENROLLED FOR RATIFICATION
Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
Very respectfully,
Speaker of the House

The report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it sustained the veto by the Governor on S. 1593 (R-664) by a vote of 0 to 3:
(R664) S. 1593 -- Senators Setzler, Wilson and Shealy: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 1603 (R-639) by a vote of 2 to 0:
(R639) S. 1603 -- Senator Bryan: AN ACT TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990
Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.
Very respectfully,
Speaker of the House

Received as information.

FREE CONFERENCE REPORT ADOPTED

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator HOLLAND explained the Report.

On motion of Senator HOLLAND, with unanimous consent, the Report (Doc. No. 3662J) was adopted as follows:

FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 8, 1990

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:

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

/SECTION 1. Section 56-1-1030 of the 1976 Code is amended to read:

"Section 56-1-1030. When any person is convicted of one or more of the offenses listed in Section 56-1-1020 (a), (b) or (c), the department must review its records for that person. If the department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license except that appeals under this section must be made to the appropriate magistrate's court as set forth below. If after appropriate proceedings the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. A resident of South Carolina found to be an habitual offender may appeal to the chief magistrate in the county in which the appellant resides. A nonresident person found to be an habitual offender may appeal to the chief magistrate of Richland County. In any appeal, the magistrate shall hear and determine the matter de novo."

SECTION   2.   Section 56-1-1090 of the 1976 Code is amended to read:

"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a) for a period of five years from the date of a final decision by the department that a person is an habitual offender and, if, upon appeal, the finding is sustained by a court magistrate unless the period is reduced to two years as permitted in item (c);

(b) until the time financial responsibility requirements are met;

(c) until upon petition, and for good cause shown, the department may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after a period of one year has expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the department may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the department. If the two-year period is not granted, no petition may be again filed again until after a period of five years has have expired from the date of the decision of the department. However, a petition or court order is not required for the restoration of driving privileges and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled."

SECTION 3. The 1976 Code is amended by adding:

"Section 56-1-745. (A) The driver's license of a person convicted of a controlled substance violation under Chapter 53 of Title 44 involving hashish or marijuana, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of six months. The driver's license of a person convicted of any other controlled substance violation, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of one year. If the person does not have a driver's license, the court shall order the department not to issue a driver's license for six months after the person legally is eligible for the issuance of a driver's license if the offense involves hashish or marijuana. If the offense involves any other controlled substance, the court shall order the department not to issue a driver's license for one year after the person legally is eligible for the issuance of a driver's license. For each subsequent conviction under this section, the court shall order the driver's license to be suspended for an additional six months or one year, as the case may be. The additional period of suspension for a subsequent offense runs consecutively and does not commence until the expiration of the suspension for the prior offense.
(B) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.
(C)(1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.

(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

SECTION 4. Section 56-1-1320 of the 1976 Code is amended to read:

"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department, to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code must be made by the Director of the Motor Vehicle Division of the department or his designee."

SECTION 5.   Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Article
Suspension of Driver's License for Offenses
Relating to Possession, Sale, and Consumption of
Beer, Wine, and Alcoholic Liquors

Section 56-1-746. (A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(4), 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:

(1) for a conviction for a first offense, for a period of ninety days;

(2) for a conviction for a second or subsequent offense, for a period of six months.
(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.

(C) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.

(D) (1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.

(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.

Section 56-1-747. For purposes of this article, a conviction is defined as provided in Section 56-1-710."

SECTION 6. This act takes effect upon approval by the Governor./

Amend title to conform.

Donald H. Holland                 Robert L. Altman
Hugh K. Leatherman, Sr.           Jackson V. Gregory
W. Richard Lee                    Harry H. Clyborne, Jr.
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for Ratification.

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Altman, Beasley and Rudnick of the Committee of Conference on the part of the House on:
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Very respectfully,
Speaker of the House

Received as information.

CONFERENCE REPORT ADOPTED

H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.

On motion of Senator LOURIE, with unanimous consent, the Report (Doc. No. 2237X) of the Committee of Conference was taken up for immediate consideration.

On motion of Senator LOURIE, with unanimous consent, the Report was adopted as follows:

CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 7, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION   1.   Section 56-3-1230 of the 1976 Code is amended to read:

"Section 56-3-1230.   License plates shall must be at least six inches wide and not less than twelve inches in length and shall must show in bold characters the year of registration, serial number, and either the full name or the abbreviation of the name of the State and such other distinctive markings as in the judgment of the department may be deemed consider advisable, so as to indicate the class of the weight of the vehicle for which the license plate was issued. The plate shall must be of such a strength and quality that the plate shall to provide a minimum service period of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate but at least every six years. Every five years anew license plate shall be provided by the Department for issuance, except that license License plates issued for vehicles in excess of twenty-four twenty-six thousand pounds shall must be issued annually and no revalidation sticker shall may be issued for such the plates, provided that license plates issued in the year 1976 shall be retained by the owner and shall continue to be valid for an additional two (2) years upon the issuance of a revalidation sticker which shall be affixed thereto.

The face of the license plate to be displayed shall must be treated completely with a retroreflective material which will increase increases the night-time nighttime visibility and legibility of the plate. The department, through its engineering and safety facilities, shall prepare the specifications which such for the retroreflective material shall meet.

In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number shall or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing, including fees for personalized or special license plates."

SECTION 2.   Section 56-3-1960(1) of the 1976 Code is amended to read:

"Section 56-3-1960.   (1) Any person who is handicapped as defined in this article must be allowed to park in metered or timed parking places without being subject to parking fees or fines. This section has no application to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege a vehicle must display a distinguishing license plate which must be issued by the department, pursuant to this section or Section 56-3-1110, for vehicles registered to the disabled person. The license plate must be issued for the usual fee applicable to standard license plates, except that a person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge. Application must be made on a form prescribed by the department, and applicants may apply by mail. Each application must be accompanied by a licensed physician's certificate that the applicant is handicapped as defined in this article, and that the handicap is permanent. No applicant may be denied a license plate if the completed application is accompanied by a licensed physician's certificate, as required by this subsection."

SECTION   3.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 55
Pearl Harbor Survivors' License Plates

Section 56-3-5910.   An owner of a motor vehicle who is a resident of this State may apply for a motor vehicle license plate under this article if he:

(1)   was a member of the United States Armed Forces on December 7, 1941;

(2)   was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the Island of Oahu, or offshore at a distance not exceeding three miles; and

(3)   received an honorable discharge from the United States Armed Forces.

Section 56-3-5920.   The Department of Highways and Public Transportation shall design a Pearl Harbor survivor license plate for motor vehicles. The license plates issued pursuant to this article must be numbered consecutively and contain the words 'Pearl Harbor Survivor'.

Section 56-3-5930.   (A)   An applicant must be issued a Pearl Harbor survivor license plate for his private motor vehicle, used for personal conveyance and not for commercial purposes, upon submitting proof of eligibility and complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and payment of the regular license fee for license plates as prescribed by law plus, for the initial issuance, an additional fee of fifteen dollars.

(B)   All applications for Pearl Harbor survivor license plates must be verified by the South Carolina State Chairman of Pearl Harbor Survivors.

Section 56-3-5940.   In those years in which a metal plate is not issued, for a license plate authorized by this article, a revalidation sticker with a distinctive serial number or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing.

Section 56-3-5950.   Only one license plate may be issued to an applicant, and the license plate is nontransferable."

SECTION   4.   This act takes effect upon approval by the Governor./

Amend title to conform.

Isadore E. Lourie                 Irene K. Rudnick
Kay Patterson                     David M. Beasley
Thomas H. Pope, III               R. Linwood Altman
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4355 -- Reps. Harvin, T. Rogers, Smith, Elliott, T.M. Burriss, Harwell, Haskins, McLeod, Huff, Blackwell, Burch, Chamblee, K. Bailey, Bruce, Glover, Davenport, Wofford, Jaskwhich and G. Bailey: A JOINT RESOLUTION TO EXTEND THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.
and has ordered the Joint Resolution enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON OW THESE FUNDS MAY BE USED.
Very respectfully,
Speaker of the House

Received as information.

FREE CONFERENCE REPORT ADOPTED

H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.

On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator HOLLAND explained the Report.

On motion of Senator HOLLAND, with unanimous consent, the Report (Doc. No. 3798J, G2) was adopted as follows:

FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 5, 1990

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:

Amend the bill, as and if amended, beginning on page 18, by striking SECTION 10 in its entirety.

Amend the bill further, as and if amended, page 22, by striking item (6) of Section 44-53-520(a), as contained in SECTION 12, and inserting therein the following:

/ "(6) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used or intended for use unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, manufacture, or transportation of controlled substances and their compounds, except as otherwise provided, must be forfeited to the State. No motor vehicle may be forfeited to the State unless it is found to conceal, contain, or transport under this item unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(a), involving at least one pound or more of marijuana, one pound or more of hashish, more than four grains of opium, more than two grains of heroin, more than four grains of morphine, more than ten grains of cocaine, or more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds, more than ten grains of crack, or more than one gram of ice or crank, as defined in Section 44-53-110, or unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(e)_[. The quantities set forth refer to controlled substances or any combination of such substances;"/

Amend the bill further, as and if amended, page 23, by striking SECTION 14 in its entirety and inserting therein the following:

/SECTION 14. Section 56-1-745 of the 1976 Code, as added by an unnumbered Act of 1990, bearing Ratification Number ____ (H. 3028), is further amended to read:
/"Section 56-1-745. (A) The driver's license of a person convicted of a controlled substance violation under Chapter 53 of Title 44 involving hashish or marijuana, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of six months. The driver's license of a person convicted of any other controlled substance violation under Chapter 53 of Title 44, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of one year. If the person does not have a driver's license, the court shall order the department not to issue a driver's license for six months after the person legally is eligible for the issuance of a driver's license if the offense involves hashish or marijuana. If the offense involves any other controlled substance under Chapter 53 of Title 44, the court shall order the department not to issue a driver's license for one year after the person legally is eligible for the issuance of a driver's license. For each subsequent conviction under this section, the court shall order the driver's license to be suspended for an additional six months or one year, as the case may be. The additional period of suspension for a subsequent offense runs consecutively and does not commence until the expiration of the suspension for the prior offense.
(B) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Chief Insurance Commissioner.
(C)(1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.

(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."/

Amend the bill further, as and if amended, page 26, beginning on line 12, by striking SECTION 17 in its entirety and inserting therein the following:

/SECTION 17. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable./

Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION 18. This act takes effect upon approval by the Governor. A person arrested, charged, or indicted under those provisions of law amended by this act must be tried and sentenced and any administrative penalty or suspension exacted as provided by the law in force at the time of the commission of the crime./

Amend title to conform.

Renumber sections to conform.

/s/Donald H. Holland              Thomas E. Huff
/s/James E. Bryan, Jr.            /s/E. LeRoy Nettles, Jr.
/s/H. Samuel Stilwell             /s/Robert Wesley Hayes, Jr.
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for Ratification.

H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
Very respectfully,
Speaker of the House

Received as information.

NON-CONCURRENCE

H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

The House returned the Bill with amendments.

On motion of Senator POPE, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.

CONFERENCE COMMITTEE APPOINTED
Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
asks for a Committee of Conference and has appointed Reps. Gentry, Wilkins and Hayes of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon the PRESIDENT appointed Senators HOLLAND, STILWELL and MULLINAX of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

HOUSE AMENDMENTS AMENDED,
RETURNED TO THE HOUSE

H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.

The House returned the Bill with amendments.

Senator POPE proposed the following amendment (Doc. No. 3813J), which was adopted:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to the bill to read:

/SECTION ____. Section 6-21-240 of the 1976 Code is amended to read:

"Section 6-21-240. Any city combining its airport with any harbor improvement plan into a single system as provided in Section 6-21-40 may secure such bonds as may be issued therefor by pledges of the revenues from such combined system and it may additionally secure such bonds by pledges of any of the revenues that might from time to time become receivable by said city from any other source or sources except the proceeds of ad valorem taxes. Bonds issued pursuant to this chapter for such purposes may, in the discretion of the governing body of said city, be primarily secured by a pledge of the net revenues from such system, or, as provided by Section 6-21-440, by a pledge of the gross revenues as herein provided."

SECTION ___. Section 6-21-430 of the 1976 Code is amended to read:

"Section 6-21-430. The governing body of the borrower shall designate as custodian of the gross revenues from the operation of the system, project or combined system bond and interest redemption fund established pursuant to Section 6-21-440 a bank, depository or trust company duly qualified and doing business within the State, which shall be satisfactory to the governing body of such borrower. The bank, depository or trust company shall signify its acceptance of such custodianship by a written instrument directed to the governing body of the borrower. All funds Such fund from time to time derived from the operation of such system, project or combined system or funds of the borrower supplemental to the operation and maintenance fund, the depreciation fund or the contingent fund shall be deposited by such borrower with such bank, depository or trust company and be set apart by such bank, depository or trust company pursuant to written instructions from the borrower into the appropriate fund or funds designated in Section 6-21-440. Each of the designated funds from time to time held by such bank, depository or trust company shall be impressed with a trust for the benefit of the persons entitled thereto."

SECTION ___. Section 6-21-440 of the 1976 Code, as last amended by Act 365 of 1980, is further amended to read:

"Section 6-21-440. In the authorizing ordinance the governing body of the borrower shall set aside monthly (or oftener more often if deemed advisable) and shall pledge either the gross revenues or net revenues of the system, project or combined system, as the governing body of the borrower may determine, into separate and special funds as follows: Out of the gross revenues there shall be first set aside a sum sufficient to pay the principal of and the interest upon the bonds as and when they become due and payable. If the gross revenues of any calendar, operating or fiscal year shall be insufficient to pay the principal of and interest on the bonds maturing in any such calendar, operating or fiscal year, an additional amount sufficient to pay the principal of and interest on such bonds outstanding and unpaid shall be set aside out of the gross revenues of the next succeeding calendar, operating or fiscal year and applied to the payment of the principal of and interest on such outstanding and unpaid bonds. This fund shall be designated the 'bond and interest redemption fund.' Out of the remaining gross revenues there also shall be next set aside a sum sufficient to provide for the payment of all expenses of administration and operation and such expenses for maintenance as may be necessary to preserve the system, project or combined system in good repair and working order. This fund shall be designated the 'operation and maintenance fund.' If the pledge made is of gross revenues, the order of the foregoing set asides shall be first to the bond and interest redemption fund and next to the operation and maintenance fund; if the pledge is of net revenues, the order of the foregoing set asides shall be first to the operation and maintenance fund and next to the bond and interest redemption fund. Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for depreciation of the existing system or combined system. This fund shall be designated the 'depreciation fund.' Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for improvements, betterments and extensions to the existing system, project or combined system, other than those necessary to maintain it in good repair and working order as herein provided. This fund shall be designated the 'contingent fund.' Any surplus revenues thereafter remaining shall be disposed of by the governing body of the borrower as it may determine from time to time to be for the best interest of the borrower.

In the event the proceedings for the issuance of bonds provide for their repayment in whole or in part from front-foot assessments, the borrower need not make the payments provided for in this section for application for the payment of principal and interest on a monthly basis but may make them at least annually, provided that the payments shall be in such amounts and at such times that sufficient funds will be available to pay the principal and interest upon the bonds as and when they become due and payable."/

Renumber sections to conform.

Amend title to conform.

Senator WADDELL spoke on the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

CONFERENCE COMMITTEE APPOINTED
Message From The House

Columbia, S.C., June 7, 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. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
Very respectfully,
Speaker of the House

On motion of Senator POPE the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators WADDELL, POPE and MATTHEWS of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. McLellan, Waldrop and Kirsh of the Committee of Conference on the part of the House on:
H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4630 -- Reps. McAbee, Felder and Kinon: A BILL TO AMEND SECTION 8-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES FOR CERTAIN NATIONAL GUARD OR RESERVE MILITARY SERVICE, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THESE AUTHORIZED LEAVES OF ABSENCE, TO REVISE THE TYPES OF SERVICE OR TRAINING FOR WHICH THESE LEAVES OF ABSENCE ARE AUTHORIZED, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS MUST BE CONSTRUED.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4668 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED BY ALL LAW ENFORCEMENT OFFICERS IN ARRESTS FOR OFFENSES, THE PUNISHMENT FOR WHICH IS WITHIN THE JURISDICTION OF THE MAGISTRATE'S AND MUNICIPAL COURT.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. McAbee, Gentry and Baxley of the Committee of Conference on the part of the House on:
H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4770 -- Rep. McLellan: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.
Very respectfully,
Speaker of the House

Received as information.

ORDERED ENROLLED FOR RATIFICATION
Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:

H. 4800
General Appropriation Bill

Very respectfully,
Speaker of the House

The report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for Ratification:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90 AND PROVIDE THAT OF THE FUNDS APPROPRIATED FOR HIGHER EDUCATION FORMULA FUNDING, THE COMMISSION ON HIGHER EDUCATION SHALL ALLOCATE THESE FUNDS TO THE STATE'S PUBLIC COLLEGES AND UNIVERSITIES AND TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION IN NO OTHER MANNER THAN ACCORDING TO THE FORMULA FOR FUNDING HIGHER EDUCATION AS OFFICIALLY APPROVED BY THE COMMISSION AS OF MARCH 1, 1990.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4919 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4922 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 39-41-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO DETAIL THE REQUIREMENTS FOR STORAGE, DELETE THE REQUIREMENT THAT THE STATE FIRE COMMISSION PROMULGATE REGULATIONS FOR STORAGE, AND PROVIDE FOR THE APPLICATION OF AND EXCEPTIONS TO THE SECTION.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5089 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC., AND TO RESTORE THE CHARTER OF LIN WOOD DEVELOPERS, INC.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Leave Of Absence

Senator HELMLY requested and was granted a leave of absence for the remainder of the day.

CONCURRENCE

S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.

The House returned the Bill with amendments.

On motion of Senator SALEEBY, 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.

CONCURRENCE

S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.

The House returned the Bill with amendments.

Senators BRYAN, GIESE and WILSON proposed the following amendment (Doc. No. 4168R) which was tabled:

Amend the bill, as and if amended, page 5, lines 18 through 25, by striking SECTION 2 in its entirety.

Amend title and renumber sections to conform.

Senator BRYAN argued in favor of the adoption of the amendment.

Motion Fails

Senator WILLIAMS moved under Rule 15A to set a time certain of 12:25 P.M. to vote on the entire matter of S. 981.

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

AYES

Courson                   Fielding                  Gilbert
Hayes                     Hinds                     Holland
Land                      Leatherman                Lee
Leventis                  Long                      Macaulay
McConnell                 McGill                    Moore
Mullinax                  Peeler                    Pope
Rose                      Saleeby                   Smith, J.V.
Waddell                   Williams                  

Total--23

NAYS

Bryan                     Giese                     Helmly
Martschink                O'Dell                    Russell
Setzler                   Shealy                    Smith, H.C.
Smith, N.W.               Stilwell                  Thomas
Wilson                    

Total--13

Having failed to receive the necessary vote, the motion failed.

Senator BRYAN argued in favor of the adoption of the amendment.

Senator GIESE argued in favor of the adoption of the amendment.

MOTION ADOPTED
Time Certain Set To Vote On Entire Matter

Senator LAND moved under Rule 15A to set a time certain for 12:50 P.M. to vote on the entire matter of S. 981.

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

AYES

Fielding                  Gilbert                   Hayes
Hinds                     Holland                   Land
Leventis                  Long                      Lourie
Macaulay                  Martin                    Matthews
McConnell                 McGill                    McLeod
Moore                     Mullinax                  O'Dell
Patterson                 Peeler                    Pope
Rose                      Saleeby                   Smith, H.C.
Smith, J.V.               Smith, N.W.               Waddell
Williams                  

Total--28

NAYS

Bryan                     Courson                   Giese
Lee                       Martschink                Russell
Setzler                   Shealy                    Stilwell
Thomas                    Wilson                    

Total--11

The Senate set 12:50 P.M. as a time certain to vote on the entire matter of S. 981.

Senator GIESE argued in favor of the adoption of the amendment.

Senator BRYAN argued in favor of the adoption of the amendment.

By prior motion, the time certain had arrived to vote on the entire matter of S. 981.

Senator GIESE moved that the amendment be adopted.

Senator McGILL moved to lay the amendment on the table.

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

AYES

Courson                   Fielding                  Gilbert
Hayes                     Hinds                     Hinson
Holland                   Land                      Leatherman
Lee                       Leventis                  Long
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
Moore                     Mullinax                  O'Dell
Patterson                 Pope                      Rose
Russell                   Saleeby                   Shealy
Smith, H.C.               Smith, J.V.               Smith, N.W.
Waddell                   Williams                  

Total--32

NAYS

Bryan                     Drummond                  Giese
Setzler                   Stilwell                  Thomas
Wilson                    

Total--7

The amendment was laid on the table.

Senator GIESE proposed the following amendment (Doc. No. 2238X), which was tabled:

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/Section __.   A.   Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-85.   The use of tobacco products outside the workplace must not be the basis of personnel action, including, but not limited to termination, demotion, or promotion of an employee."

B.   This section takes effect upon approval by the Governor./

Amend title to conform.

Senator GIESE argued in favor of the adoption of the amendment.

Senator BRYAN spoke on the amendment.

Senator ROSE spoke on the amendment.

Senator GIESE moved that the amendment be adopted.

Senator McGILL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator McGILL moved that the Senate concur with the amendments made by the House of Representatives.

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

AYES

Courson                   Fielding                  Gilbert
Hayes                     Hinds                     Hinson
Holland                   Land                      Leatherman
Lee                       Leventis                  Long
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
Moore                     Mullinax                  O'Dell
Patterson                 Peeler                    Rose
Russell                   Saleeby                   Setzler
Shealy                    Smith, H.C.               Smith, J.V.
Smith, N.W.               Stilwell                  Waddell
Williams                  

Total--34

NAYS

Bryan                     Giese                     Thomas
Wilson                    

Total--4

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.

Statement By Senator STILWELL

Although I strongly object to the last minute amendment added to S. 981 in the House of Representatives and have voted to eliminate this language from the Bill, I do favor the rest of the measure. The good provisions of the Bill, in my judgment, outweigh the bad amendment. I, therefore, voted in favor of the Bill on final passage.

Statement By Senator WILSON

I voted "No", even though I favor and was co-sponsor of the Bill. I oppose the inclusion of the smoking amendment added by the House.

CONCURRENCE

S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.

The House returned the Bill with amendments.

On motion of Senator HORACE C. SMITH, 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.

CONCURRENCE

S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.

The House returned the Bill with amendments.

On motion of Senator PEELER, 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.

CONCURRENCE

S. 1332 -- Banking and Insurance Committee: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO REVISE THE DEFINITION OF BOARD TO DELETE THE REFERENCE TO THE POOL MEMBERS; DELETE THE REFERENCE TO THE BOARD OF DIRECTORS OF THE POOL AND PROVIDE FOR THE BOARD TO CONSIST OF THE DIRECTORS; PROVIDE FOR THE POOL TO HAVE THE POWERS GRANTED BY LAW TO INSURANCE COMPANIES LICENSED TO TRANSACT ACCIDENT AND HEALTH INSURANCE INSTEAD OF REFERRING TO INSURANCE AS DEFINED IN THE ACT; AND REVISE WHO MAY APPLY FOR POOL COVERAGE AND THE EXCEPTION FOR EXCLUSIONS FROM POOL COVERAGE.

The House returned the Bill with amendments.

On motion of Senator SALEEBY, 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.

CONCURRENCE

S. 1394 -- Senator Lourie: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE, SO AS TO INCREASE THE FEE, ALLOW A COLLEGE OR UNIVERSITY TO SUBMIT A SYMBOL FOR APPROVAL AND REQUEST A CHANGE IN THE SYMBOL, AND PROVIDE FOR DISTRIBUTION OF THE FEE TO ALUMNI ASSOCIATIONS.

The House returned the Bill with amendments.

On motion of Senator LEATHERMAN, 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.

CONCURRENCE

H. 4531 -- Rep. Beasley: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A CANDIDATE TO RUN IN CERTAIN ELECTIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NONPARTISAN SCHOOL TRUSTEE ELECTIONS IN ANY SCHOOL DISTRICT WHERE LOCAL LAW PROVISIONS PROVIDE FOR OTHER DATES AND PROCEDURES FOR FILING PETITIONS OR STATEMENTS OF CANDIDACY.

The House returned the Bill with amendments.

On motion of Senator SETZLER, 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.

CONCURRENCE

H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.

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.

HOUSE CONCURRENCE

S. 1637 -- Senator Land: A CONCURRENT RESOLUTION TO RECOGNIZE MISS ERNESTINE COSKREY PLAYER, OF COLUMBIA, AS SHE RETIRES FROM HER POSITION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO THANK HER FOR TWENTY-EIGHT YEARS OF FAITHFUL SERVICE TO THE DEPARTMENT AND TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HER WELL IN HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 1638 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE ANDREW RHINE OF LEXINGTON, AN EIGHTH GRADE STUDENT AT LEXINGTON MIDDLE SCHOOL, FOR ACHIEVING THE HIGHEST VERBAL AND HIGHEST TOTAL SCORE ON THE PRELIMINARY SCHOLASTIC APTITUDE TEST IN THE SOUTH CAROLINA JUNIOR SCHOLARS PROGRAM.

Returned with concurrence.

Received as information.

S. 1639 -- Senators Shealy, Martschink, Wilson and Setzler: A CONCURRENT RESOLUTION CONGRATULATING BRIST SHEALY OF LEXINGTON COUNTY ON THE VERY SPECIAL OCCASION OF THE FIFTIETH ANNIVERSARY OF HIS BUSINESS, SHEALY'S SANDWICH SHOP -- AN ESTABLISHMENT KNOWN AND LOVED BY COUNTLESS RESIDENTS OF THE MIDLANDS FOR MANY YEARS.

Returned with concurrence.

Received as information.

S. 1640 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE DEREK BRUFF OF LEXINGTON, AN EIGHTH GRADE STUDENT AT LEXINGTON MIDDLE SCHOOL, UPON ACHIEVING THE HIGHEST MATH SCORE ON THE PRELIMINARY SCHOLASTIC APTITUDE TEST IN THE SOUTH CAROLINA JUNIOR SCHOLARS PROGRAM.

Returned with concurrence.

Received as information.

S. 1646 -- Senator Rose: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. DEAN G. KILPATRICK OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA FOR HIS RECENT HONOR AND FOR HIS OUTSTANDING SERVICE ON BEHALF OF VICTIMS OF CRIME.

Returned with concurrence.

Received as information.

S. 1647 -- Senator Rose: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. MAKIO OGAWA FOR HIS RECENT NATIONAL AWARD AND HIS OUTSTANDING WORK IN HEMATOLOGY AND BIOMEDICAL RESEARCH.

Returned with concurrence.

Received as information.

S. 1645 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE COUNTY TREASURER OF MCCORMICK COUNTY, FRANCES SIBERT, FOR HER MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO HER COUNTY AND STATE AND EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT.

Returned with concurrence.

Received as information.

S. 1644 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE COUNTY AUDITOR OF MCCORMICK COUNTY, JEWEL MCGRATH, FOR HER MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO HER COUNTY AND STATE AND EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1648 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO STIPULATE THE BOUNDARIES AND VOTING PLACE OF THE HARTSVILLE NO. 9 PRECINCT.

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

Ordered To A Second And Third Reading

On motion of Senator SALEEBY, S. 1648 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1649 -- Senators Shealy, Martschink, Russell, Wilson, Waddell, Peeler and O'Dell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO TAKE NECESSARY STEPS TO AMEND THE CONSTITUTION OF THE UNITED STATES OF AMERICA TO PROHIBIT THE POWER OF THE UNITED STATES SUPREME COURT TO USURP THE AUTHORITY OF THE CONGRESS AND INDIRECTLY ORDER TAX INCREASES.

Senator SHEALY spoke on the Resolution.

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

S. 1650 -- Senator Peeler: A BILL TO AMEND SECTION 7-7-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHEROKEE COUNTY, SO AS TO STIPULATE THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE SHOWN.

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

Ordered To A Second And Third Reading

On motion of Senator PEELER, S. 1650 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1651 -- Senators Moore, Shealy and Setzler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE ROAD BETWEEN AIKEN ELEMENTARY SCHOOL AND THE HITCHCOCK PARKWAY "RINEHART ROAD" IN HONOR OF MRS. LYNETTE RINEHART, PRINCIPAL OF AIKEN ELEMENTARY SCHOOL.

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

S. 1652 -- Senators Lindsay, Saleeby, McLeod, Moore, Land, Pope and McConnell: A CONCURRENT RESOLUTION TO REQUEST THE JOINT INSURANCE STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA REINSURANCE FACILITY WITH REGARD TO ITS RATES, LOSSES, OPERATION, AND EFFECTS OF CESSATION LIMITATION.

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

S. 1653 -- Senators Martschink, Passailaigue, Fielding, McConnell, McLeod, Macaulay, Mullinax, O'Dell, Waddell and Moore: A CONCURRENT RESOLUTION TO CONGRATULATE THE 1990 CITADEL BULLDOGS BASEBALL TEAM AND COACH CHAL PORT FOR AN OUTSTANDING SEASON AND FOR THEIR EFFORTS IN THE COLLEGE WORLD SERIES, AND TO INVITE THE TEAM AND ITS COACHES TO APPEAR BEFORE THE GENERAL ASSEMBLY ON MONDAY, JUNE 18, 1990.

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

H. 5180 -- Reps. Sheheen, J. Rogers, Gentry, Boan, J.W. Johnson, Nettles, McElveen, Short, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Phillips, Quinn, Rama, Rhoad, T. Rogers, Rudnick, Sharpe, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION COMMENDING REPRESENTATIVE D. MALLOY MCEACHIN, JR., OF FLORENCE COUNTY FOR HIS TWELVE YEARS OF SUPERB SERVICE IN THE GENERAL ASSEMBLY AND WISHING HIM HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 5182 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA FOR THE UPCOMING UNITED NATIONS WORLD SUMMIT FOR CHILDREN.

Referred to the Committee on Medical Affairs.

H. 5183 -- Rep. Keesley: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JAMES F. MARTIN OF EDGEFIELD UPON BEING NAMED THE SMALL BUSINESSMAN OF THE YEAR FOR SOUTH CAROLINA.

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

H. 5179 -- Reps. Mattos, Wilkins, M.O. Alexander, Baker, Clyborne, Fair, Fant, Haskins, Jaskwhich, Manly, Vaughn, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Barber, Barfield, Baxley, Beasley, Bennett, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Hayes, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DILL BLACKWELL OF TRAVELERS REST FOR HIS TRULY DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM GREENVILLE COUNTY, UPON HIS RETIREMENT FROM THE HOUSE.

Senator J. VERNE SMITH moved that the Concurrent Resolution be adopted.

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

AYES

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lindsay                   Long                      Lourie
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

Total--46

NAYS

Total--0

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

H. 5191 -- Reps. Harvin and Phillips: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT JAMES E. GAMBLE OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND CLARENDON COUNTY FOR HIS COURAGEOUS ACTION IN THE LINE OF DUTY AND TO WISH HIM A SPEEDY RECOVERY FROM THE SERIOUS INJURIES HE INCURRED AS A RESULT OF HIS BRAVERY.

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

H. 5197 -- Reps. T.M. Burriss, J. Brown, Corning, Faber, Harrison, McBride, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO RECOGNIZE OUR DISTINGUISHED FRIEND AND COLLEAGUE, THE HONORABLE MILFORD DEAL "MICKEY" BURRISS OF RICHLAND COUNTY, UPON HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES FOR HIS YEARS OF SERVICE AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS TO THE GENERAL ASSEMBLY AND THE PEOPLE OF THIS STATE.

Senator COURSON moved that the Concurrent Resolution be adopted.

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

AYES

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lindsay                   Long                      Lourie
Macaulay                  Martin                    Martschink
Matthews                  McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

Total--46

NAYS

Total--0

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

H. 5168 -- Rep. Kohn: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE CHARLESTON ASSOCIATION OF RETARDED CITIZENS, INC. IN CHARLESTON COUNTY.

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

Ordered To A Second And Third Reading

On motion of Senator McCONNELL, H. 5168 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 5169 -- Rep. Gentry: A BILL TO AMEND ACT 1015 OF 1970, RELATING TO THE SALUDA COUNTY WATER AND SEWER AUTHORITY, SO AS TO INCREASE THE MEMBERSHIP FROM FIVE TO SEVEN.

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

Ordered To A Second And Third Reading

On motion of Senator POPE, H. 5169 was ordered to receive a second and third reading on the next two consecutive legislative days.

HOUSE CONCURRENCE

S. 1652 -- Senators Lindsay, Saleeby, McLeod, Moore, Land, Pope and McConnell: A CONCURRENT RESOLUTION TO REQUEST THE JOINT INSURANCE STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA REINSURANCE FACILITY WITH REGARD TO ITS RATES, LOSSES, OPERATION, AND EFFECTS OF CESSATION LIMITATION.

Returned with concurrence.

Received as information.

REPORTS OF STANDING COMMITTEE
Amended And Adopted

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

H. 5094 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO SET WEDNESDAY, JUNE 6, 1990, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT A SUCCESSOR TO THE MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM OF OFFICE EXPIRED IN 1989.

On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.

Senator MOORE proposed the following amendment (Doc. No. 4178R), which was adopted:

Amend the Concurrent Resolution, as and if amended, by striking the first sentence after the resolving clause and inserting the following in lieu thereof:

/That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Monday, June 18, 1990, at 12:30 P.M. for the purpose of electing a successor to the member of the Legislative Audit Council whose term of office expired in 1989./

Amend title to conform.

On motion of Senator MOORE, the Concurrent Resolution, as amended, was adopted, ordered returned to the House.

OBJECTION

H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.

Senator LEE asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator J. VERNE SMITH objected.

ORDERED ENROLLED FOR RATIFICATION

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

H. 5160 -- Rep. Carnell: A BILL TO PROVIDE THAT ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY MUST BE DISTRIBUTED TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE.

H. 4727 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, SO AS TO PROVIDE THAT WHITE OR HICKORY SHAD MAY BE TAKEN ALL YEAR WITH HOOK AND LINE FOR NONCOMMERCIAL PURPOSES.

AMENDED AND READ

H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.

On motion of Senator LOURIE, with unanimous consent, the Bill was taken up for immedidate consideration.

Senators LEATHERMAN and LOURIE proposed the following amendment (Doc. No. 4171R), which was adopted:

Amend the bill, as and if amended, page 2, line 19, by adding after the word /Fund./ the following:

/From the Keep South Carolina Beautiful Fund, the department must expend such funds as may be necessary to employ, within the department, a person with training in horticulture to administer a program for beautifying the right-of-ways along state highways and roads./

Amend title and renumber sections to conform.

Senator LOURIE explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDED AND READ

H. 4668 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED BY ALL LAW ENFORCEMENT OFFICERS IN ARRESTS FOR OFFENSES, THE PUNISHMENT FOR WHICH IS WITHIN THE JURISDICTION OF THE MAGISTRATE'S AND MUNICIPAL COURT.

On motion of Senator HINSON, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the adoption of the amendment proposed by the Committee on Transportation.

The amendment proposed by the Committee on Transportation was adopted as follows (Doc. No. 3711R, G2):

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:

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

"Section 56-7-15. The uniform traffic ticket, established under the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer, if the punishment is within the jurisdiction of magistrate's court and municipal court. A law enforcement agency processing an arrest made pursuant to this section must furnish such information to the State Law Enforcement Division as required in Chapter 3, of Title 23."/

Amend title to conform.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

SECOND READING BILL

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

H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.

Ordered To A Third Reading

On motion of Senator Land, with unanimous consent, H. 4980 was ordered to receive a third reading on Friday, June 8, 1990.

Objection

H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.

Senator LEE asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator BRYAN objected.

RECESS

At 1:16 P.M., on motion of Senator WADDELL, the Senate receded from business until 3:00 P.M.

At 3:09 P.M., the Senate resumed.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

June 6, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Appointment, Member, South Carolina Foster Care Review Board, with term to expire June 30, 1994:

At-Large:

Mr. James Curtis Harkness, Post Office Box 6071 - Lander College, Greenwood, South Carolina 29646 VICE Christine Jackson

Referred to the Committee on Medical Affairs.

CONCURRENCE

S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.

The House returned the Bill with amendments.

On motion of Senator ROSE, 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.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it had adopted the report of the Committee of Conference on:
H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
Very respectfully,
Speaker of the House

Received as information.

CONFERENCE REPORT ADOPTED

H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.

On motion of Senator WADDELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator WADDELL explained the Report.

On motion of Senator WADDELL, with unanimous consent, the Report (Doc. No. 2239X) was adopted as follows:

CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 7, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION   1.   The General Assembly finds that there is a lack of uniformity in the annual audits of the offices of the county assessor, auditor, treasurer, and tax collector and that on occasion important facts are overlooked or not considered. The purpose of this act is to establish the minimum standard of accounting to be followed so as to increase the accuracy of the audits of these offices.

SECTION 2.   The 1976 Code is amended by adding:

"Section 4-9-155.   (A)   The annual audit of the offices of the county assessor, auditor, treasurer, and tax collector must be conducted in accordance with the standards set forth by the Comptroller General of the United States as published in a volume entitled Government Auditing Standards and the manual and guide prescribed by the South Carolina Tax Commission. The Tax Commission's manual and guide must set forth necessary items, entries, transactions, and other data for the accountant to closely examine in the audit of the offices of the county assessor, county auditor, county treasurer, and county tax collector. A copy of the audit of each of these offices must be provided by the accountant to the Tax Commission and Comptroller General of this State.

(B)   Any county in which the governing body fails to require the annual audit to be conducted as required in this section is subject to the penalty provisions of Section 12-43-260 and the Tax Commission upon determining that this failure occurred shall take the actions provided in Section 12-43-260 to impose the penalties provided therein."

SECTION   3.   (A)   Section 12-43-220(g) is amended by adding at the end:

"The commission shall apply an equalization factor to real and personal property owned by or leased to transportation companies for hire as mandated by federal legislation."

(B)   Notwithstanding any other provision of this act, this section applies with respect to taxable years beginning after 1989.

SECTION   4.   (A)   Section 12-3-80 of the 1976 Code is amended to read:

"Section 12-3-80.   The chairman of the commission shall devote the his entire time required to perform the duties of the office and shall may not:

(a)   hold any other position of trust or profit,

(b) (a)   engage in any occupation or business interfering with or inconsistent with his duty,;

(c)   (b)   serve on or under any committee of a political party; or

(d)   (c)   contribute, directly or indirectly, money or other thing of value in support of any candidate for office or to any political organization."

(B)   Notwithstanding any other provision of this act, this section takes effect upon approval by the Governor.

SECTION   5.   (A)   The last paragraph of Section 12-3-145B of the 1976 Code, as last amended by Act 78 of 1989, is further amended to read:

"The commission, upon receipt of an application and upon proper investigation, has the authority to may declare the real and personal property of any organization qualifying for an exemption from ad valorem taxation identified in this chapter as exempt churches, parsonages, and burying grounds identified in this subsection exempt from ad valorem taxation and shall verify certify the exemption to the auditor's office in the county in which the property is located. Upon verification certification by the commission, the auditor shall void any tax notice applicable to the property."

(B)   Notwithstanding any other provision of this act, this section is effective upon approval by the Governor.

SECTION   6.   (A)   Section 12-3-140(17) of the 1976 Code, as last amended by Act 78 of 1989, is further amended to read:

"(17)   Has the sole responsibility for the assessment, appraisal, and equalization of taxable values upon the property and used in the conduct of their business of the following: franchises of street railway companies, mines, electric railways, telephone companies, water, heat, light and power companies, private car lines, pipe line companies, sewer companies, and airlines, and must assess, appraise, and equalize all real and tangible personal property of manufacturers, headquarters, corporate office facilities, distribution facilities, and all additions to establishments. The commission must also assess to the owner all real or personal property leased to or used by the above-mentioned companies using the unit valuation method or other accepted or recognized methods. When the total value of the utility is estimated and the value apportioned to this State, then the value will be distributed to the taxing jurisdiction in each county where the utility has property on a basis of investment in each jurisdiction. It is the responsibility of each county assessor to determine what portion of the total value in each district is to be assessed as real property. The owner of property leased to or used by the above-mentioned companies must make returns to the commission on forms prescribed by the commission. The Tax Commission shall appraise and assess property leased to any taxpayer under its jurisdiction in the name of the lessee when the unit method of valuation is used or when the taxpayer is an airline or private car line if the property is under the control of the taxpayer and the taxpayer is required to pay the tax."

(B)   Notwithstanding any other provision of this act, this section is effective for taxable years beginning after 1989.

SECTION 7.   Section 6-21-240 of the 1976 Code is amended to read:

"Section 6-21-240.   Any city combining its airport with any harbor improvement plan into a single system as provided in Section 6-21-40 may secure such bonds as may be issued therefor by pledges of the revenues from such combined system and it may additionally secure such bonds by pledges of any of the revenues that might from time to time become receivable by said city from any other source or sources except the proceeds of ad valorem taxes. Bonds issued pursuant to this chapter for such purposes may, in the discretion of the governing body of said city, be primarily secured by a pledge of the net revenues from such system, or, as provided by Section 6-21-440, by a pledge of the gross revenues as herein provided."

SECTION 8. Section 6-21-430 of the 1976 Code is amended to read:

"Section 6-21-430. The governing body of the borrower shall designate as custodian of the gross revenues from the operation of the system, project or combined system bond and interest redemption fund established pursuant to Section 6-21-440 a bank, depository or trust company duly qualified and doing business within the State, which shall be satisfactory to the governing body of such borrower. The bank, depository or trust company shall signify its acceptance of such custodianship by a written instrument directed to the governing body of the borrower. All funds Such fund from time to time derived from the operation of such system, project or combined system or funds of the borrower supplemental to the operation and maintenance fund, the depreciation fund or the contingent fund shall be deposited by such borrower with such bank, depository or trust company and be set apart by such bank, depository or trust company pursuant to written instructions from the borrower into the appropriate fund or funds designated in Section 6-21-440. Each of the designated funds from time to time held by such bank, depository or trust company shall be impressed with a trust for the benefit of the persons entitled thereto."

SECTION 9. Section 6-21-440 of the 1976 Code, as last amended by Act 365 of 1980, is further amended to read:

"Section 6-21-440. In the authorizing ordinance the governing body of the borrower shall set aside monthly (or oftener more often if deemed advisable) and shall pledge either the gross revenues or net revenues of the system, project or combined system, as the governing body of the borrower may determine, into separate and special funds as follows: Out of the gross revenues there shall be first set aside a sum sufficient to pay the principal of and the interest upon the bonds as and when they become due and payable. If the gross revenues of any calendar, operating or fiscal year shall be insufficient to pay the principal of and interest on the bonds maturing in any such calendar, operating or fiscal year, an additional amount sufficient to pay the principal of and interest on such bonds outstanding and unpaid shall be set aside out of the gross revenues of the next succeeding calendar, operating or fiscal year and applied to the payment of the principal of and interest on such outstanding and unpaid bonds. This fund shall be designated the 'bond and interest redemption fund.' Out of the remaining gross revenues there also shall be next set aside a sum sufficient to provide for the payment of all expenses of administration and operation and such expenses for maintenance as may be necessary to preserve the system, project or combined system in good repair and working order. This fund shall be designated the 'operation and maintenance fund.' If the pledge made is of gross revenues, the order of the foregoing set asides shall be first to the bond and interest redemption fund and next to the operation and maintenance fund; if the pledge is of net revenues, the order of the foregoing set asides shall be first to the operation and maintenance fund and next to the bond and interest redemption fund. Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for depreciation of the existing system or combined system. This fund shall be designated the 'depreciation fund.' Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for improvements, betterments and extensions to the existing system, project or combined system, other than those necessary to maintain it in good repair and working order as herein provided. This fund shall be designated the 'contingent fund.' Any surplus revenues thereafter remaining shall be disposed of by the governing body of the borrower as it may determine from time to time to be for the best interest of the borrower.

In the event the proceedings for the issuance of bonds provide for their repayment in whole or in part from front-foot assessments, the borrower need not make the payments provided for in this section for application for the payment of principal and interest on a monthly basis but may make them at least annually, provided that the payments shall be in such amounts and at such times that sufficient funds will be available to pay the principal and interest upon the bonds as and when they become due and payable."

SECTION   10 .   This act takes effect July 1, 1991./

Amend title to conform.

James M. Waddell, Jr.             Herbert Kirsh
John W. Matthews, Jr.             Robert N. McLellan
Thomas H. Pope                    Dave C. Waldrop, Jr.
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for Ratification:
H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
Very respectfully,
Speaker of the House

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has recommitted the Conference Report on:
H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
to the Committee of Conference.

Very respectfully,
Speaker of the House

Leave Of Absence

Senator SALEEBY requested and was granted a leave of absence beginning at 4:00 P.M. for the balance of the day.

RECESS

At 3:16 P.M., on motion of Senator WADDELL, the Senate receded from business subject to the Call of the Chair.

At 4:17 P.M., the Senate resumed.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Wilkins, J. Rogers and McLellan of the Committee of Free Conference on the part of the House on:
H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 7, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it had adopted the report of the Committee of Conference on:
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
Very respectfully,
Speaker of the House

CONFERENCE REPORT ADOPTED

H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator DRUMMOND explained the Report.

On motion of Senator DRUMMOND, with unanimous consent, the Report (Doc. No. 2241X) was adopted as follows:

CONFERENCE REPORT
The General Assembly, Columbia, S.C., June 7, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION   1.   Section 34-11-90(e) of the 1976 Code is amended to read:

"(e)   After a conviction under this section on a first offense, the defendant may, after one year from the date of the conviction, apply, or cause someone acting on his behalf, to apply to the court for an order expunging the records of the arrest and conviction. This provision shall does not apply to any crime classified as a felony. If the defendant has had no other conviction during the one-year period following the conviction under this section, the court shall issue an order expunging the records. No person shall have has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act or any other provision of law, except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."

SECTION   2.   Section 34-11-60(a) of the 1976 Code, as last amended by Act 517 of 1988, is further amended to read:

"(a)   It is unlawful for any a person, with intent to defraud, in his own name or in any other capacity, to draw, make, utter, issue, or deliver to another any a check, draft, or other written order on any a bank or depository for the payment of money or its equivalent, whether given to pay rent, make a payment on a lease, obtain money, services, credit, or property of any kind or nature whatever, or anything of value which includes an obligation or debt of state taxes which is past due or presently due, when at the time of drawing, making, uttering, issuing, or delivering the check or draft or other written order the maker or drawer does not have an account in such the bank or depository or does not have sufficient funds on deposit with the bank or depository to pay the same on presentation, or if the check, draft, or other written order has an incorrect or insufficient signature on it to be paid upon presentation."

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

Amend title to conform.

/s/John Drummond                  /s/Jennings G. McAbee
/s/James E.Bryan, Jr.             Larry E. Gentry
/s/H. Samuel Stilwell             /s/J. Michael Baxley
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

READ THE THIRD TIME

H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.

On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the third reading of the Bill.

Senator LEE proposed the following amendment (Doc. No. 1885o), which was tabled:

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

/SECTION 1. Chapter 35 of Title 40 of the 1976 Code is amended to read:

"CHAPTER 35
Board of Examiners for Nursing Home
Administrators and Community Residential
Care Facility Administrators

Section 40-35-10. For the purposes of this chapter:

(1)'Board' means the State Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators.

(2)   'Nursing home administrator' means a person who has completed attained the requisite education and experience, is otherwise qualified, and has been issued a license by the Board board and is thereby eligible to administer, manage, supervise, or be in administrative charge of a nursing home.

(3)   'Nursing home' means any institution or facility defined for licensing purposes under law or pursuant to regulations for nursing homes promulgated by the Department of Health and Environmental Control, whether proprietary or nonprofit including, but not limited to, nursing homes owned or administered by the State or political subdivisions thereof. The definition does not include intermediate care facilities habilitation centers for the mentally retarded or persons with related conditions.

(4)   'Intermediate care facility for the mentally retarded' 'Habilitation center for the mentally retarded or persons with related conditions' means a facility that is so certified which is licensed by the Department of Health and Environmental Control that serves four or more mentally retarded persons or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their mental retardation or related conditions.

(5)   'Qualified mental retardation professional' means a person who, by training and experience, meets the requirements of applicable federal law and regulations for a qualified mental retardation professional, as determined by the South Carolina Department of Mental Retardation.

(6)   'Community residential care facility administrator' means a person who has attained the required education and experience, is otherwise qualified, has been issued a license by the board and is eligible to administer, manage, supervise, or be in administrative charge of a community residential care facility.

(7)   'Community Residential care facility' means a facility defined according to Section 44-7-130 and which is licensed by the Department of Health and Environmental Control, whether proprietary or nonprofit.

(8)   'Consumer' means a person who is or has been a resident of a nursing home or community residential care facility.

(9)   'Sponsor' means a person who is financially or legally responsible for an individual currently residing in a nursing home or residential care facility.

Section 40-35-20. There is created the State Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators composed of eight nine members. Five who must be appointed by the Governor, with the advice and consent of the Senate, for three-year terms and until their successors are appointed and qualify, of which. three Three must be qualified nursing home administrators duly licensed under this chapter, at least one of whom must be from a nonproprietary nursing home, one. One must be a qualified hospital administrator from a hospital-based nursing home. , and one must be a medical doctor or nurse educator. The Commissioner of the Department of Social Services or his designee, the Commissioner of the Department of Health and Environmental Control or his designee, and the Director of the Commission on Aging or his designee shall serve ex officio Three must be community residential care facility administrators, who after July 1, 1992, must be licensed under this chapter, at least one of whom must be from a community residential care facility with ten or fewer residents. One must be a representative or member of the American Association of Retired Persons (AARP). The Commissioner of the Department of Health and Environmental Control, or his designee, shall also serve as an ex officio nonvoting member of the board as its ninth member. An individual, group, or association may nominate qualified individuals and submit them to the Governor for his consideration in making these appointments. In case of a vacancy the Governor shall appoint, with the advice and consent of the Senate, a successor to serve for the unexpired term. No appointive member shall serve more than two consecutive full terms. The board shall meet at least twice a year.

Section 40-35-30. (A) The board may issue licenses to qualified persons as nursing home administrators and as community residential care facility administrators, including a joint license for a person who is an administrator of both a nursing home and a community residential care facility, and shall establish qualification criteria. No license may be issued to any person unless he submits evidence satisfactory to the Board that he: board as required in subsection (B) or (C) below.

(B)   A nursing home administrator must:

(1)   is be at least eighteen twenty-one years of age;

(2)   is be of reputable and responsible character;

(3)   is be of sound physical and mental health;

(4)   has sucessfully completed a course of study for and been awarded have the following education and experience:

(a) a baccalaureate degree in nursing home administration or related health care administration from an accredited college or university and has, in addition, completed one year of practical experience in nursing home administration or related health care administration or related health care administration or has successfully completed a nonhealth care related ;

(b) a baccalaureate degree other than in health care administration from an accredited college or university and has, in addition, completed and two years of practical experience in nursing home administration or related health care administration; or

(c) has completed a combination of education and experience acceptable under rules regulations promulgated by the Board board; and

(5)   has successfully completed the nursing home administrators examination administered by the board and paid the established fees.

(C)   A community residential care facility administrator must:

(1)   be at least twenty-one years of age;

(2)   be of reputable and responsible character;

(3)   be of sound physical and mental health;

(4)   have at least twelve months experience working in a community residential care facility before applying for licensure;

(5)   after January 1, 1993, all applicants, excluding those for renewal, be required to have a high school diploma or the equivalent; and

(6)   successfully complete the community residential care facility administrators examination administered by the board and pay the established fees.

(D)   Each applicant for a nursing home administrator or community residential care facility administrator license shall request the State Law Enforcement Division to conduct a criminal records check and to furnish the results to the board before initial licensing. This action is required of each owner and administrator of a proprietorship or partnership. In the case of a corporation, this action is required of each owner of five percent or more of each class of outstanding stock, and the chairman of the board and president. Where licensees are governmental agencies, the criminal records check must be obtained on the individual who is the administrator of the governmental facility. The board may deny an application for licensure where the results of the check meet the misconduct provisions of Section 40-35-130(11).

Section 40-35-32. No nursing home or community residential care facility within the State may operate except under the supervision of an administrator licensed in accordance with this chapter.

Section 40-35-40. (A) The Board shall license nursing home administrators in accordance with the regulations issued, and from time to time revised by it. A nursing home administrator's or community residential care facility administrator's license shall is not be transferable. and shall be valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any other laws or regulations relating to the proper administration and management of a nursing home. Any denial of issuance or renewal, suspension, or revocation under any section of this chapter shall be subject to the review procedure of Section 40-35-130.

(B)     Licenses shall be are renewable biennially annually on upon such dates as established by the Board board, upon completion of an application for renewal, payment of the established fee, and proof of requisite continuing education pursuant to Section 40-35-90(d) board regulations.

(C)   If the license is not renewed pursuant to this provision, the license lapses on the expiration date.

(D)   A nursing home administrator or community residential care facility administrator previously licensed in this State whose license has lapsed for failure to renew on or before the expiration date of his license may seek reinstatement of the license within two years of the expiration date by submitting an application with the renewal fee, payment of a penalty as provided in the fee schedule of the board regulations, and proof of requisite continuing education.

(D)   If the license has lapsed for more than two years, the individual shall meet the requirements of Section 40-35-30 to become relicensed.

(E)   The board must be satisfied that an applicant remains qualified for licensure before renewal of a current license or reinstatement of a lapsed license.

Section 40-35-50. The Board board shall promulgate a fee schedule for the purpose of carrying out the provisions of this chapter pursuant to chapter 23 of title 1.

Section 40-35-60. All fees collected by the Board shall board, with the exception of fines and costs collected pursuant to Section 40-35-134, must be deposited with the State Treasurer to the credit of the general fund.

Section 40-35-70. The Board board shall elect from its membership a chairman, vice chairman, and secretary-treasurer and shall adopt regulations to govern its proceedings. The members of the Board shall board must be compensated for their services at the regular per diem rate established by law for other state boards, committees, and commissions and shall may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the Board board. The Board board may employ and establish the duties of necessary personnel to assist it in the performance of its duties.

Section 40-35-80. The Board board shall have has authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing a home applicant for a license under the provisions of this chapter, and the holder of a license under the provisions of this chapter shall be is deemed qualified to serve as the administrator of a nursing home or the administrator of the community residential care facility.

Section 40-35-90. The Board shall have board has the duty and responsibility to following powers and duties:

(a)Develop To develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator or community residential care facility administrator, which standards shall must be designed to insure that nursing home administrators and community residential care facility administrators will be are individuals who are of good character, and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators or community residential care facility administrators.

(b)   Develop To develop, and apply appropriate techniques, including examination and investigation, for determining whether an individual meets such standards.

(c)   Issue licenses to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the Board in any case where the individual holding such license is determined substantially to have failed to conform to the requirements of such standards. To license and renew the licenses of qualified individuals.

(d)   Evaluate To evaluate and approve necessary programs of training and instruction to enable all individuals granted a license licensees to receive forty hours of continuing education biennially as annually which is a requirement of relicensure. This provision is to be effective beginning with the next relicensure period of each license.

(e)   Evaluate To evaluate and investigate complaints, received by the Board in order to ascertain whether the complaint reflects upon the administrator conduct hearings and proceedings, and discipline licensees for violations of this chapter or board regulations.

(f)   Evaluate To evaluate complaint and investigative information received from the Department of Health and Environmental Control, the nursing home long term care ombudsman of the Governor's office, the Department of Social Services, the peer review of the South Carolina Health Care Association or any other source, with a view to the improvement of the standards imposed for licensing, for decisions on revocation or suspension of licenses, or for other disciplinary actions, and for assessing the qualifications for relicensure of such nursing home administrators and community residential care facility administrators.

(g)   To promulgate, amend, repeal, and enforce regulations consistent with law as it considers necessary for the proper administration and enforcement of this chapter.

Section 40-35-100. The board may issue a nursing home administrator's license or community residential care facility administrator's license to any person who holds a current license as a nursing home administrator or community residential care facility administrator from another jurisdiction if it finds that the standards for licensure in such other jurisdiction are at least the substantial equivalent of those prevailing in this State and if the applicant has passed the South Carolina portion of the licensure examination and is otherwise qualified.

Section 40-35-110. It shall be is unlawful and constitute constitutes a misdemeanor for any person to act or serve in the capacity as of a nursing home administrator or residential care facility administrator unless he is the holder of a license as a nursing home administrator, issued in accordance with the provisions of this chapter. Any person so acting or serving shall be convicted of violating this section is subject to a fine not to exceed one hundred thousand dollars or imprisonment not to exceed thirty ninety days.

Section 40-35-130. The license or registration of any person practicing or offering to practice nursing home administration or the license of a nursing home administrator holding a provisional license, may be revoked or suspended, or the licensee be disciplined in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:

(a) Upon proof that the licensee is unfit or incompetent by reasons of negligence, habits or other causes;

(b) Upon proof that the licensee has willfully or repeatedly violated any of the provisions of this chapter or the rules and regulations enacted in accordance therewith, or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients in the home in which he is the administrator;

(c) Upon proof that the licensee is guilty of fraud or deceit in the practice of nursing home administration;

(d) Upon proof that the licensee has been convicted in a court of competent jurisdiction, either within or without this State, of a felony.

The members of the Board shall have jurisdiction to hear all charges brought under the provisions of this section against persons licensed and registered, as nursing home administrators, or nursing home administrators holding a provisional license, and upon such hearing shall determine the charges upon their merits. The Board, or any committee thereof, or hearing officer designated as such by the Board, acting in an official capacity, shall have the authority to issue subpoenas, compel the attendance of witnesses, administer oaths and take testimony concerning all matters within the jurisdiction of the Board. The Board shall not be bound by the strict rules of evidence in the conduct of its proceedings, but any determinations made shall be founded upon sufficient legal evidence to sustain them.

If the Board determines that a person is guilty of the charges, the Board may revoke his license or registration, suspend him from practice, or otherwise discipline the licensee. Proceedings under this section shall be begun by filing with the Board charges in writing and under oath. Charges may be preferred by any person, corporation, association, or by the Board or any member thereof. Thereupon, the chairman of the Board shall designate three or more members thereof as a hearing committee, or other qualified person as a hearing officer to hear the charges and to report to the Board thereon.

At such hearing, the licensee shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence in his own behalf, to cross-examine witnesses and have subpoenas issued in his behalf by the hearing committee or the hearing officer. The hearing committee or the hearing officer shall make a written report to the Board of the findings and recommendations which shall be considered by the Board in arriving at its determination. If the Board suspends the licensee, it may also recommend conditions to be met by the licensee during the period of suspension in order to entitle the licensee to again qualify for the license. The Board may in its discretion, after hearing, hold the case under advisement and make a recommendation as to the requirements to be met by the licensee in order to avoid suspension, revocation or other disciplinary actions; in such cases the Board shall enter an order accordingly and notify the licensee by registered mail. If the licensee complies with such order and proves that fact to the satisfaction of the Board, the Board may enter an order showing satisfactory compliance in dismissing the case because of such compliance. The Board may, in its discretion, reissue a license or registration to any person whose license or registration has been revoked. Application for the reissuance of a license or registration shall not be made prior to one year after revocation, and shall be made in such manner as the Board may direct. Misconduct, which constitutes grounds for revocation, suspension, or other restriction of a license or a limitation or other discipline of a licensee, is a satisfactory showing to the board of any of the following:

(1)   violating any provision of this chapter or the regulations of the board;

(2)   acting in a manner inconsistent with the health or safety of the patients of the nursing home or community residential care facility;

(3)   acting in a fraudulent or deceitful manner in the practice of nursing home administration or community residential care facility administration or in his admission, or the admission of any other person, to the practice;

(4)   failing to ensure that the nursing home or community residential care facility in which he is an administrator complies with the provisions of law and regulations of the licensing or supervising authority or agency, whether federal, state, or local, having jurisdiction over the operation and licensing of the nursing home or community residential care facility;

(5)   using alcohol, drugs, or controlled substances to such a degree as to adversely affect his ability to act as a nursing home administrator or community residential care facility administrator;

(6)   failing to operate a nursing home or community residential care facility in a manner which ensures the safety, health, and welfare of the patients;

(7)   continuing to operate a nursing home or community residential care facility after sustaining a physical or mental impairment or disability which renders further practice by him dangerous to the public;

(8)   supervising or aiding an unlicensed person in the practice of nursing home administration or community residential care facility administration;

(9)   permitting unauthorized disclosure of information relating to a patient in a nursing home or community residential care facility under his administration;

(10)   disciplinary action by the authorities of another state with respect to the nursing home administrator or community residential care facility administrator license issued by that state;

(11)   conviction of, or pleading guilty or nolo contendere to, a felony, as defined under the law of this State, or any crime involving the safety, health, or welfare of a resident of a nursing home or community residential care facility, or any other crime involving moral turpitude. The license of a person who is convicted of, or who pleads guilty or nolo contendere to, those crimes mentioned in this item immediately may be suspended temporarily pending final disposition of a disciplinary proceeding to be commenced upon the conviction or the entry of the plea of guilty or nolo contendere. A person so suspended must be reinstated immediately upon the filing of a certificate that the conviction has been reversed. The reinstatement does not terminate a disciplinary action pending against the person. The license of a person may be suspended immediately pending final disposition of a disciplinary proceeding where the board has probable cause to believe that continued practice as a nursing home administrator or community residential care facility administrator by the licensee constitutes harm to the safety, health, or welfare of patients in a nursing home or community residential care facility.

Section 40-35-140. No nursing home may be operated or licensed to operate after July 1, 1970, except under the supervision of an administrator licensed under this chapter. Intermediate care facilities Habilitation centers for the mentally retarded or persons with related conditions funded in whole or in part by the Department of Mental Retardation must be under the supervision of a licensed nursing home administrator or a qualified mental retardation professional who has been determined by the department to have the requisite training and experience."

SECTION 2. The 1976 Code is amended by adding:

"Section 40-35-131. (A) A person or public officer, including a board member, or an agency or association may file a complaint with the board against a licensee. The board has jurisdiction to hear all charges brought against persons licensed as nursing home or community residential care facility administrators, including licensees holding emergency licenses.

(B)   When a complaint is received by the board, a committee of the board will conduct an initial review and an investigation, if the board determines that an investigation is necessary, and shall recommend to the board whether formal charges should be brought against the administrator. No nursing home administrators nor consumer, sponsor or family member of a consumer of nursing home services may participate on the committee conducting these matters concerning a complaint against a community residential care facility administrator. No community residential care facility administrator nor consumer, sponsor or family member of the consumer of community residential care services, may participate on the committee conducting these matters concerning a complaint against a nursing home administrator.

(C)   After initial review of a complaint and recommendations from the committee are presented to the board, the board may determine that an investigation is necessary or dismiss the complaint without investigation. If an investigation is undertaken by the committee, the committee may conduct an investigatory conference to determine whether to recommend to the board that a formal charge is warranted.

(D)   After completion of the investigation and consideration of the committee's recommendation, the board may bring formal charges against the licensee or dismiss the initial complaint.

(E)   Nothing in this section precludes duly authorized members of the board from meeting informally with the licensee to dispose of the initial complaint with a consent order.

(F)   A licensee who is under investigation for any of the items of misconduct may voluntarily surrender his license to the board. The voluntary surrender invalidates the license at the time of its relinquishment and no person whose license is surrendered voluntarily may practice as a nursing home or community residential care facility administrator until the board takes action. A person practicing as a nursing home administrator or community residential care facility administrator during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license, as provided by this subsection, may not be considered as an admission of guilt in a proceeding under this chapter. The surrender does not preclude the board from imposing conditions on the acceptance of the proferred surrender, which the licensee shall meet before the return of his license, nor does the surrender preclude the board from taking disciplinary action under this section.

Section 40-35-132. (A) In the event the board determines that formal charges must be brought against the licensee, the board may hear the charges or may, in its discretion, appoint a hearing officer, or officers, to hear the charges.

(B)   The board or the appointed hearing officer or officers shall set the time and place for a hearing and have the authority to issue subpoenas, administer oaths, and take testimony.

(C)   The licensee has the right to appear at the hearing with or without counsel, to present evidence, to cross-examine witnesses, and to have subpoenas issued in his behalf.

(D)   Whenever a disciplinary hearing is held before a hearing officer or officers, the hearing officer or officers shall make written findings of fact, conclusions, and recommendations to the board. The board, through its executive director or attorney, shall notify the licensee or his counsel, if any, of the time and place at which the board will consider the recommendations of the hearing officer or officers for the purpose of determining its action thereon. The licensee, or his counsel, must be informed of the right to submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the hearing officer or officers.

(E)   After the case has been heard, the board may, in its discretion, hold the matter under advisement and prescribe requirements to be met by the licensee in order to avoid disciplinary sanctions. In that event, the board shall issue, within a reasonable period of time and in no case longer than thirty days after the case is heard, a written order setting forth the requirements, including the timeframe within which compliance must be achieved. If the licensee makes a satisfactory showing to the board of compliance with the order, the board may enter an order finding satisfactory compliance and may dismiss the case.

Section 40-35-133. Upon a determination by the board that one or more of the grounds for revocation or suspension of a license or for otherwise disciplining a licensee exist in accordance with the provisions of Section 40-35-130, the board may take any one or more of the following actions regarding the license or the licensee;

(1)   issue a public or private reprimand;

(2)   impose costs, not to exceed the actual costs of the board in processing the disciplinary action against the licensee, including, but not limited to, amounts expended for board members' attendance at hearings, service of papers, witness fees and expenses, and court reporter;

(3)   impose a fine not to exceed two thousand dollars for each ground of revocation, suspension, or other discipline, with the total amount imposed not to exceed ten thousand dollars;

(4)   place the licensee on probation for a definite or indefinite time and prescribe conditions to be met during probation;

(5)   suspend the license for a definite or indefinite time, and prescribe conditions to be met before readmission to practice;

(6)   permanently revoke the license.

Section 40-35-134. (A) All costs and fines imposed under Section 40-35-133(2) and (3) are due and payable immediately upon imposition. Interest at the legal rate accrues on the amount due from the date imposed until the date it is paid.

(B)   The board shall remit all amounts received by way of costs and fines and by way of interest to the State Treasurer to be deposited in a special fund from which the board must be reimbursed for the administrative costs of each disciplinary proceeding upon the approval of the Budget and Control Board. At any time the special fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the state's general fund.

Section 40-35-135. Every communication, whether oral or written, made by or on behalf of a person, to the board or a person designated by it to investigate or hear matters relating to the revocation, suspension, or other restriction of a license or the limitation on or other discipline of a licensee, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, shall lie against the person, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.

No part of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law.

Section 40-35-136. No person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, a witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator, may mention the existence of, disclose information pertaining to, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except to persons involved and having a direct interest in such, and then only to the extent necessary for the proper disposition thereof. Whenever the board receives information in a complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory board."

SECTION 3. The terms of office of those persons serving on the Nursing Home Administrators Board on the effective date of this act shall expire on July 1, 1990, at which time their successors appointed in the manner provided by Section 40-35-20, as amended by this act, shall take office. Any present member of the board otherwise eligible may be reappointed to serve on the board as reconstituted by this act. The initial terms of the members of the board appointed in the manner provided by Section 40-35-20, as amended by this act, are as follows: one nursing home administrator and one community residential care facility administrator for one-year terms; one nursing home administrator and one community residential care facility administrator for two-year terms; one nursing home administrator and one community residential care facility administrator for three-year terms; the representative or member of AARP for a one-year term; and the hospital administrator from a hospital-based nursing home for a two-year term.

For one year following the effective date of this act, the following current members of the Nursing Home Administrators Board shall serve as nonvoting ex officio members of the Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators: the medical doctor or nurse educator, the Commissioner of the Department of Social Services or his designee, and the Director of the Commission on Aging or his designee.

Until regulations are promulgated pursuant to this act, but no later than July 1, 1992, nursing home administrators must continue to meet the licensing standards and requirements in the manner provided by law and regulation existing on the effective date of this act and community residential care facility administrators must not be licensed or subject to the provisions of this act.

SECTION 4. This act takes effect six months after approval by the Governor./

Amend title to conform.

Senator LEE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 4:20 P.M. and the following Acts and Joint Resolutions were ratified:

(R691) S. 1281 -- Senator Moore: AN ACT 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 DELETE THE REQUIREMENT THAT EVERY TAXI MUST BE LICENSED IN COUNTIES CONTAINING A CITY HAVING MORE THAN SEVENTY THOUSAND INHABITANTS AND TO AUTHORIZE THE GOVERNING BODY OF A COUNTY OR CITY TO LICENSE TAXIS ONLY IN THE COUNTY OR CITY WHERE THE TAXI PRINCIPALLY IS OPERATED AT THE TIME OF APPLICATION FOR A LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-23-1215 SO AS TO PROVIDE FOR THE EXCEPTION TO THE MEANING OF OPERATING A TAXI.

(R692) S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: AN ACT TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED, AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988, RELATING TO MILITARY FIREARMS MANUFACTURED IN RICHLAND COUNTY.

(R693) S. 1160 -- Senator Lourie: AN ACT TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.

(R694) S. 1620 -- Senator Pope: AN ACT TO AMEND ACT 295 OF 1989, RELATING TO THE REPEAL OF THE PROVISIONS OF LAW WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION, SO AS TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THIS COMMISSION AS OF THE TIME OF ITS REPEAL ARE DEVOLVED UPON THE GOVERNING BODY OF NEWBERRY COUNTY, AND THE ASSETS AND LIABILITIES OF THE COMMISSION ARE TRANSFERRED TO THE GOVERNING BODY OF NEWBERRY COUNTY.

(R695) S. 1400 -- Senator Drummond: AN ACT TO AMEND SECTIONS 40-7-230 AND 40-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS, SO AS TO PROVIDE THAT EACH REGISTERED BARBER AND APPRENTICE SHALL RENEW HIS CERTIFICATE ANNUALLY AND TO EXEMPT COSMETOLOGISTS FROM LICENSURE REQUIREMENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-7-125 SO AS TO ALLOW A LICENSED COSMETOLOGIST TO OBTAIN A CERTIFICATE OF REGISTRATION AS A MASTER HAIR CARE SPECIALIST.

(R696) S. 732 -- Senator Nell W. Smith: AN ACT 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.

(R697) S. 1332 -- Banking and Insurance Committee: AN ACT TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO REVISE THE DEFINITION OF BOARD TO DELETE THE REFERENCE TO THE POOL MEMBERS; DELETE THE REFERENCE TO THE BOARD OF DIRECTORS OF THE POOL AND PROVIDE FOR THE BOARD TO CONSIST OF THE DIRECTORS; PROVIDE FOR THE POOL TO HAVE THE POWERS GRANTED BY LAW TO INSURANCE COMPANIES LICENSED TO TRANSACT ACCIDENT AND HEALTH INSURANCE INSTEAD OF REFERRING TO INSURANCE AS DEFINED IN THE ACT; AND REVISE WHO MAY APPLY FOR POOL COVERAGE AND THE EXCEPTION FOR EXCLUSIONS FROM POOL COVERAGE.

(R698) S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: AN ACT TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW CERTAIN PRISON INMATES TO BE EMPLOYED AS LABOR ON A STATE AGENCY, COUNTY, MUNICIPAL, OR PUBLIC SERVICE DISTRICT PROJECTS MAKING BENEFICIAL PUBLIC IMPROVEMENTS, TO PROVIDE FOR THEIR SUPERVISION AND CONTROL, TO PROVIDE THAT PERSONS CONVICTED OF CRIMINAL SEXUAL CONDUCT OR VIOLENT CRIMES WHILE ON A WORK RELEASE PROGRAM MAY NOT BE SO EMPLOYED.

(R699) S. 1225 -- Senators Peeler, Lee, Pope and Lourie: AN ACT TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES, SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-5351 SO AS TO PROVIDE THAT A TRUCK WITH MORE THAN FOUR WHEELS OR A TRACTOR-TRAILER DOES NOT HAVE TO BE ELEVATED TO BE INSPECTED AND TO EXEMPT A COMPONENT OF SUCH A VEHICLE WHICH MUST BE JACKED UP FROM INSPECTION.

(R700) S. 1485 -- Corrections and Penology Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE "ADULT JAIL", "SECURE CONFINEMENT", AND "BOOKING", PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE HELD IN NONSECURE CUSTODY, AND REQUIRE LAW ENFORCEMENT AGENCIES TO MAINTAIN JUVENILE ADMISSION AND RELEASE RECORDS; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, TRANSPORTATION, CONFINEMENT, DETENTION, PLACEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.

(R701) S. 1374 -- Senator Drummond: AN ACT TO AMEND SECTION 48-28-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION.

(R702) S. 1401 -- Senator Drummond: AN ACT TO AMEND SECTION 40-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGISTS, SO AS TO PROVIDE THAT A REGISTERED MASTER HAIR CARE SPECIALIST MAY QUALIFY AS A COSMETOLOGIST.

(R703) S. 1463 -- Senator Nell W. Smith: AN ACT 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 PROVIDE THAT A PERSON MUST SELL A MINIMUM OF TEN WATERCRAFT OR OUTBOARD MOTORS A YEAR TO QUALIFY AS A MARINE DEALER.

(R704) S. 1322 -- Senators Pope and Wilson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE LAKE MURRAY COUNTRY VISITORS CENTER.

(R705) S. 906 -- Senators Courson, Lourie, Wilson, Shealy, Giese, Patterson and Setzler: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE SOUTHEASTERN BELTWAY FROM INTERSTATE 26 TO THE CONGAREE RIVER AND FROM LEESBURG ROAD TO INTERSTATE 20 THE "VETERANS MEMORIAL EXPRESSWAY" AND TO ERECT APPROPRIATE SIGNS ON THE EXPRESSWAY WHICH CLEARLY INDICATE THE NAME OF THE EXPRESSWAY.

(R706) S. 1446 -- Senators O'Dell, Mullinax, Hayes, Saleeby, McLeod, Giese and Rose: AN ACT TO AMEND SECTION 28-2-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND ABANDONMENT OF CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT A CONDEMNOR MAY NOT ABANDON THE ACTION AFTER TAKING POSSESSION IF MATERIAL ALTERATIONS HAVE BEEN MADE IN THE PROPERTY, EXCEPT WITH THE LANDOWNER'S CONSENT; AND TO AMEND SECTION 28-2-510, RELATING TO THE AWARD OF COSTS AND LITIGATION EXPENSES IN CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT IF THE CONDEMNOR ABANDONS OR WITHDRAWS THE ACTION, THE CONDEMNEE IS ENTITLED TO REASONABLE ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS AS DETERMINED BY THE COURT.

(R707) H. 5089 -- Rep. T. Rogers: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC., AND TO RESTORE THE CHARTER OF LIN WOOD DEVELOPERS, INC.

(R708) H. 5098 -- Rep. G. Brown: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC., OF BISHOPVILLE, S. C., IN LEE COUNTY.

(R709) H. 4476 -- Rep. Moss: AN ACT TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION, EXCEPT FOR INFORMATION OR VITAL RECORDS FURNISHED BY AGENCIES UNDER FEDERAL MANDATE TO BE REIMBURSED FOR INFORMATION PROVIDED TO ANY FEDERAL OR STATE AGENCY.

(R710) H. 3904 -- Rep. Altman: AN ACT TO AMEND SECTIONS 56-19-240, 56-19-290, AND 56-19-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES, AND TO PROVIDE THAT THE DELIVERY OF AN ASSIGNMENT BY A LIENHOLDER IS DISCRETIONARY.

(R711) H. 5157 -- Rep. Blackwell: AN ACT TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD AND TO PROVIDE FOR THE BOARD TO HEAR PETITIONS AND PUBLIC CONCERNS ON A PERIODIC BASIS.

(R712) H. 4195 -- Reps. Sharpe, Bruce and Smith: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING RABBITS WITH DOGS IN ENCLOSURES APPROVED BY THE DEPARTMENT.

(R713) H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: AN ACT TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO INCLUDE THE UNLAWFUL PURCHASING OF A CONTROLLED SUBSTANCE AS A CRIMINAL OFFENSE, SO AS TO EXPAND THE SCOPE OF THE CRIME TO INCLUDE BEING IN A PUBLIC OR PRIVATE SCHOOL, ON A PUBLIC PLAYGROUND OR PARK, AND IN, OR WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF, A PUBLIC VOCATIONAL OR TRADE SCHOOL OR TECHNICAL EDUCATION CENTER, OR A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, PROVIDE FOR A VIOLATION INVOLVING THE DISTRIBUTION, SALE, MANUFACTURE, OR POSSESSION WITH INTENT TO DISTRIBUTE CRACK COCAINE, PROVIDE A PENALTY FOR THE PURCHASE OF A CONTROLLED SUBSTANCE, INCLUDING CRACK COCAINE, CHANGE REFERENCES "PRESUMPTIONS OF INTENT TO DISTRIBUTE" TO "INFERENCES OF INTENT TO DISTRIBUTE", AND CHANGE CODE SECTION REFERENCES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT"; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DEVELOP BY REGULATION A MODEL SAFE SCHOOLS CHECKLIST TO BE USED BY SCHOOL DISTRICTS TO ASSESS THEIR SCHOOLS' SAFETY STRENGTHS AND WEAKNESSES; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE BY DECEMBER 31, 1990, THE REGULATION REQUIRED PURSUANT TO THE ITEM ADDED TO SECTION 59-5-65 BY THIS ACT; AND TO AMEND SECTION 16-3-1040, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, SO AS TO EXTEND THE PROVISIONS OF THIS SECTION TO A TEACHER OR PRINCIPAL OF AN ELEMENTARY OR SECONDARY SCHOOL.

(R714) H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: AN ACT TO AMEND SECTION 56-5-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THE CIRCUMSTANCES WHEN AN AUTHORIZED EMERGENCY VEHICLE BEING OPERATED AS A POLICE VEHICLE NEED NOT USE AN AUDIBLE AND VISUAL SIGNAL, TO PROVIDE THAT THE CRIMINAL JUSTICE ACADEMY SHALL PROMULGATE REGULATIONS TO PROVIDE UNIFORM GUIDELINES AND TRAINING PROGRAMS FOR LAW ENFORCEMENT AGENCIES WHICH OPERATE EMERGENCY VEHICLES, AND TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL USE THE REGULATIONS TO PROVIDE WRITTEN GUIDELINES AND TRAINING PROGRAMS WITH REGARD TO THE USE OF EMERGENCY VEHICLES BY THEIR OFFICERS AND EMPLOYEES.

(R715) H. 4800 -- Ways and Means Committee: General Appropriation Bill.

(R716) H. 4770 -- Rep. McLellan: AN ACT TO AMEND SECTIONS 13-17-30, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME AND PROPERTY TAXES AND FROM SALES AND USE TAXES UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.

(R717) H. 4922 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND SECTION 39-41-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND THE CONDITIONS UNDER WHICH THE ABOVEGROUND STORAGE, HANDLING, AND USE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS ARE PERMITTED, AND TO PROVIDE FOR THE APPLICATION OF THESE PROVISIONS AND FOR CERTAIN EXCEPTIONS.

(R718) H. 4355 -- Reps. Harvin, T. Rogers, Smith, Elliott, T.M. Burriss, Harwell, Haskins, McLeod, Huff, Blackwell, Burch, Chamblee, K. Bailey, Bruce, Glover, Davenport, Wofford, Jaskwhich and G. Bailey: A JOINT RESOLUTION TO EXTEND THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.

(R719) H. 4531 -- Rep. Beasley: AN ACT TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A CANDIDATE TO RUN IN CERTAIN ELECTIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NONPARTISAN SCHOOL TRUSTEE ELECTIONS IN ANY SCHOOL DISTRICT WHERE LOCAL LAW PROVISIONS PROVIDE FOR OTHER DATES AND PROCEDURES FOR FILING PETITIONS OR STATEMENTS OF CANDIDACY.

(R720) H. 5137 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS - LIMITED CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R721) H. 4256 -- Reps. Blackwell and Cooper: AN ACT TO AMEND SECTION 38-79-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE FOR IT TO BE USED TO PAY GENERAL LIABILITY AS WELL AS MEDICAL MALPRACTICE CLAIMS, SETTLEMENTS, AND JUDGMENTS.

(R722) H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: AN ACT TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF GROUNDWATER AND OTHER WATER RESOURCES OF THE STATE INCLUDING PROVISIONS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT AND TO NEGOTIATE CERTAIN AGREEMENTS, ACCORDS, OR COMPACTS, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.

(R723) H. 4727 -- Reps. Bennett and Rhoad: AN ACT TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, SO AS TO PROVIDE THAT WHITE OR HICKORY SHAD MAY BE TAKEN ALL YEAR WITH HOOK AND LINE FOR NONCOMMERCIAL PURPOSES.

(R724) H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90 AND PROVIDE THAT OF THE FUNDS APPROPRIATED FOR HIGHER EDUCATION FORMULA FUNDING, THE COMMISSION ON HIGHER EDUCATION SHALL ALLOCATE THESE FUNDS TO THE STATE'S PUBLIC COLLEGES AND UNIVERSITIES AND TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION IN NO OTHER MANNER THAN ACCORDING TO THE FORMULA FOR FUNDING HIGHER EDUCATION AS OFFICIALLY APPROVED BY THE COMMISSION AS OF MARCH 1, 1990.

(R725) H. 4630 -- Reps. McAbee, Felder and Kinon: AN ACT TO AMEND SECTION 8-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES FOR CERTAIN NATIONAL GUARD OR RESERVE MILITARY SERVICE, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THESE AUTHORIZED LEAVES OF ABSENCE, TO REVISE THE TYPES OF SERVICE OR TRAINING FOR WHICH THESE LEAVES OF ABSENCE ARE AUTHORIZED, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS MUST BE CONSTRUED.

(R726) H. 3878 -- Reps. McEachin, Hayes and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-7-25 SO AS TO PROVIDE THAT IF PROPERTY IS NOT CONDEMNED UNDER CHAPTER 7 OF TITLE 58, THE FORMER OWNER HAS THE RIGHT TO REPURCHASE THE PROPERTY WITHIN A ONE-YEAR PERIOD; TO AMEND SECTIONS 58-7-20 AND 58-7-30, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY, AND REQUIRE THE COUNTY TO PASS AN ORDINANCE AUTHORIZING A COMPANY TO CONDEMN PROPERTY NECESSARY TO PROVIDE SEWER SERVICES.

(R727) H. 3918 -- Reps. Hearn, J.W. Johnson and Lockemy: AN ACT TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE UNINSURED EMPLOYERS' FUND AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE FUND MUST BE ADMINISTERED AND FOR THE PAYMENT OF CLAIMS FROM THE FUND; AND TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT AS A PREREQUISITE TO REIMBURSEMENT FROM THE FUND, THE INSURER IS REQUIRED TO CERTIFY THAT THE MEDICAL AND INDEMNITY RESERVES HAVE BEEN REDUCED TO THE THRESHOLD LIMITS OF REIMBURSEMENT.

(R728) H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: AN ACT TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 MUST BE ELECTED IN NONPARTISAN ELECTIONS FROM SEVEN SINGLE-MEMBER ELECTION DISTRICTS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.

(R729) H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-59 SO AS TO MAKE FINDINGS AND DECLARATIONS BY THE GENERAL ASSEMBLY WITH RESPECT TO THE DISPOSAL OF HAZARDOUS WASTE IN THIS STATE AND TO AMEND SECTION 44-56-60, AS AMENDED, RELATING TO THE REQUIREMENT FOR OBTAINING AND ISSUING PERMITS FOR HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EVALUATE ANNUALLY TECHNOLOGIES AND METHODS TO REDUCE THE VOLUME OF HAZARDOUS WASTE AND REPORT ITS RESULTS TO THE GENERAL ASSEMBLY BEFORE THE FIRST DAY OF FEBRUARY BEGINNING IN 1991, AND TO REDUCE OVER TWO YEARS THE AMOUNT OF HAZARDOUS WASTE THAT MAY BE DISPOSED OF ANNUALLY BY BURIAL FROM ONE HUNDRED THIRTY-FIVE THOUSAND TONS TO ONE HUNDRED TEN THOUSAND TONS, TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ALLOW LAND DISPOSAL IN EXCESS OF THE ANNUAL LIMIT UPON THE APPROPRIATE CERTIFICATION, TO REQUIRE THE OPERATOR OF A HAZARDOUS WASTE DISPOSAL FACILITY OR SITE TO RESERVE ANNUALLY CAPACITY TO DISPOSE OF SOUTH CAROLINA GENERATED HAZARDOUS WASTE AT LEAST EQUAL TO THE IN-STATE WASTE DISPOSED OF AT THAT SITE OR FACILITY IN THE PREVIOUS YEAR, AND TO PROVIDE EXCEPTIONS, AND TO PROHIBIT THE BURIAL IN A TWELVE-MONTH PERIOD IN THIS STATE OF MORE OUT-OF-STATE GENERATED HAZARDOUS WASTE THAN WAS BURIED IN THE PREVIOUS TWELVE MONTHS.

Motion Adopted

Senator HOLLAND, with unanimous consent, was granted leave to make brief remarks to the body regarding extending the time for adjournment.

Objection

Senator STILWELL moved that the Senate recede from business not to exceed five minutes.

There was an objection.

Objection

Senator MOORE asked unanimous consent to make a motion that the Senate recede from business subject to the Call of the Chair, not later than June 21, 1990.

Senator THOMAS objected.

Senator WILLIAMS asked unanimous consent to make a motion that the Senate recede from business subject to the Call of the Chair, not later than June 21, 1990.

Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry as to whether or not the Senate was in the Motion Period and, if the Senate were in the Motion Period, then the motion by Senator WILLIAMS would not need unanimous consent.

The PRESIDENT stated that the Senate was in the Motion Period.

Committee From The House

Representatives Gregory, Whipper, and Haskins appeared in the Chamber to inform the Senate that the House had completed its business and had adjourned Sine Die.

Motion Adopted

Senator WILLIAMS renewed the motion that the Senate recede from business subject to the Call of the Chair not later than June 21, 1990.

Senator SHEALY spoke on the motion.

Senator WILLIAMS spoke on the motion.

Senator LEVENTIS spoke on the motion.

Senator MACAULAY spoke on the motion.

Senator HINSON spoke on the motion.

Senator LOURIE spoke on the motion.

Senator SETZLER spoke on the motion.

Point Of Order

Senator THOMAS raised a Point of Order that the motion was out of order inasmuch as it violated the South Carolina Code of Laws, 1976, as amended, which provided that the Legislature was scheduled to adjourn on the first Thursday in June no later than 5:00 P.M.

Point Of Order

Senator GILBERT raised a Point of Order that the Point of Order raised by Senator THOMAS came too late inasmuch as it was made past the 5:00 P.M. deadline, at which time the Senate was still in session.

The PRESIDENT overruled the Point of Order raised by Senator THOMAS.

The question before the body was the motion that the Senate recede from business subject to the Call of the Chair not later than June 21, 1990.

A roll call vote was ordered.

Senator THOMAS moved that the Senate stand adjourned Sine Die.

Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry as to whether or not a roll call vote had been ordered on the motion made by Senator WILLIAMS.

The PRESIDENT stated that a roll call vote had been ordered.

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

AYES

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Hinds                     Hinson
Holland                   Leatherman                Lee
Leventis                  Long                      Lourie
Macaulay                  Martin                    Matthews
McConnell                 McGill                    Mitchell
Moore                     Mullinax                  O'Dell
Passailaigue              Patterson                 Peeler
Pope                      Rose                      Russell
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Waddell                   Williams

Total--38

NAYS

Martschink                Thomas                    

Total--2

Senator HOLLAND, with unanimous consent, was granted leave to address the body with brief remarks.

Senator McCONNELL, with unanimous consent, was granted leave to address the body with brief remarks.

ADJOURNMENT

On June 14, 1990, legislative day of June 7, 1990, by Executive Order of the Governor No. 90-14, the Senate adjourned at 5:00 P.M. to meet next Tuesday, June 19, 1990, at 12:00 Noon.

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