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

Tuesday, May 4, 1993

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear how Jesus prepared Himself for His important days, Luke 6:12:

"In these days He went out into the hills

to pray;

And all night He continued in prayer

to God."
Let us pray.

God... our Father... in these days of decision we reflect up the way that Jesus of Galilee and Jerusalem made His important decisions... cradled in prayer!

So important was the choice of the Twelve Apostles who would be responsible for carrying on His work in the world that the records say that "ALL NIGHT HE CONTINUED IN PRAYER."

Grant, O Lord, that from this period of prayer we may move with confidence through the bivouac of the democratic processes, making our decisions, and our judgments in the light of the highest principles we know... in the spirit of Jesus of Galilee.

Amen.

ACTING PRESIDENT PRESIDES

At 12:10 P.M., Senator WILLIAMS assumed the Chair.

Point of Quorum

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Gregory
Hayes Holland Jackson
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Peeler
Rankin Reese Richter
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson

The Senate resumed.

ACTING PRESIDENT PRESIDES

At 12:16 P.M., Senator STILWELL assumed the Chair.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 10, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Initial Appointment, Member, South Carolina Board of Youth Services, with term to expire June 30, 1994:

4th Congressional District:

Ms. Ramona L. Dunckel, 217 Timber Lane, Greenville, S.C. 29609 VICE Kathleen P. Jennings (resigned)

Referred to the Committee on Corrections and Penology.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 26, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Initial Appointment, Member, Board of Examiners for Nursing Home & Community Residential Care Facility Administrators, with term to expire December 31, 1994:

Residential Care Adm - Profit:

Ms. Betty K. Tolbert, Country Heritage, Post Office Box 3566, Anderson, S.C. 29624

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 31, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Local Appointment

Appointment, Dorchester County Magistrate, with term to expire April 30, 1995:

Mr. Troy Guerard Knight, 401 Huntington Road, Summerville, S.C. 29483 VICE Honorable William James Wylie

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 5, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Local Appointment

Initial Appointment, Charleston County Magistrate, with term to expire April 30, 1995:

The Honorable Priscilla B. Baldwin, Post Office Box 262, McClellanville, S.C. 29458 VICE Matthew M. George (resigned)

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 14, 1993
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

Appointment, Newberry County Magistrate, with term to expire April 30, 1995:

Mr. Luke B. Hart, Route 2, Box 349, Whitmire, S.C. 29178 VICE Honorable Robert Duckett (resigned)

Appointment, Berkeley County Magistrate, with term to expire April 30, 1995:

Dr. Edward L. Sessions, 3835 Rivers Avenue, North Charleston, S.C. 29405 VICE Honorable Mark Stokes (resigned)

Initial Appointment, Lee County Master-in-Equity, with term to expire December 31, 1995:

The Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010 VICE George M. Stuckey (retired)

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 16, 1993
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.

Statewide Appointments

Initial Appointment, Member, State Board of Barber Examiners, with term to expire June 30, 1997:

Public:

Ben J. DeLuca, Jr., 132 Fernbrook Circle, Spartanburg, S.C. 29307 VICE Robert C. Sargeant, Jr.

Referred to the General Committee.

Initial Appointment, Member, Tax Board of Review, with term to expire coterminous with the Governor:

1st Congressional District:

Mr. Burnet R. Maybank, III, Post Office Box 126, Charleston, S.C. 29402 VICE Robert M. Kunes (resigned)

Referred to the Committee on Finance.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1643
Promulgated by Commission for the Blind
Vending Facility Program
Received by Lt. Governor May 4, 1993
Referred to Senate General Committee
120 day review expiration date April 10, 1994

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1563
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Landfills
Received by Lt. Governor December 29, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Withdrawn and resubmitted April 30, 1993
Revised expiration date May 20, 1993

MADE SPECIAL ORDER

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.

On behalf of the Chairmen's Committee, Senator J. VERNE SMITH asked unanimous consent to make a motion to make the Resolution a Special Order.

There was no objection.

The Resolution was made a Special Order.

MOTION ADOPTED

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 750 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE NATIONAL CORRECTIONAL OFFICERS WEEK, MAY 2-8, 1993.

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

S. 751 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. WOODROW R. WILSON, A RETIRED AIKEN COUNTY MAGISTRATE, WHO DIED TUESDAY, APRIL 20, 1993.

The Senate Resolution was adopted.

S. 752 -- Senator Reese: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED ON THE APPRAISED VALUE OF UNSOLD SUBDIVISION LOTS, SO AS TO PROVIDE THAT THE DISCOUNT APPLIES TO AS FEW AS TWO LOTS AND THE SELLOUT PERIOD MAY BE AS LONG AS SIXTEEN YEARS WHEN THE OWNER OF REAL PROPERTY CLASSIFIED AS AGRICULTURAL REAL PROPERTY FOR AT LEAST ONE CALENDAR YEAR LOSES THAT CLASSIFICATION AS A RESULT OF HIS DEVELOPING AND SUBDIVIDING THE PROPERTY INTO INDIVIDUAL LOTS.

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

S. 753 -- Senator Ford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 7A SO AS TO ESTABLISH RIVERBOAT GAMBLING AND A GAMBLING COMMISSION.

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

H. 3129 -- Reps. Keegan, Martin, Kelley, Witherspoon, Worley, Snow and Thomas: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.

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

H. 3552 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.

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

H. 3904 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIMINATION OF MEDICALLY NEEDY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3990 -- Reps. Wells, Littlejohn, Allison and Walker: A BILL TO AMEND ACT 906 OF 1962, RELATING TO THE CREATION OF THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO MODIFY THE MEMBERSHIP AND PROVIDE FOR THE HIRING OF ADDITIONAL PERSONNEL.

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

H. 4135 -- Rep. D. Wilder: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1993.

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

H. 4143 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF NOVEMBER 30-DECEMBER 3, 1992, MISSED BY THE STUDENTS OF BARR STREET JUNIOR HIGH SCHOOL IN LANCASTER COUNTY, AND THE SCHOOL DAYS OF DECEMBER 3, 4, AND 7 OF 1992 MISSED BY THE STUDENTS OF THE DOBSON ELEMENTARY SCHOOL IN LANCASTER COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

CONCURRENCE

S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.

The House returned the Bill with amendments.

On motion of Senator HAYES, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

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

H. 3558 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE TELECOMMUNICATIONS RELAY SERVICE ADVISORY COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1520, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3493 -- Reps. Neilson, Sturkie, Holt, Hines, G. Brown, Law, Hutson, McLeod, Shissias, Littlejohn, Walker, Beatty, Canty, Davenport, Gonzales, Chamblee, Vaughn, McMahand, Allison, Rudnick, Inabinett, Barber, Stone, Fair, M.O. Alexander, Stille and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-731 SO AS TO PROVIDE FOR THE REMOVAL OF PERSONS FROM THE YOUTHFUL DRIVER CLASSIFICATION UNDER CERTAIN CIRCUMSTANCES FOR THE PURPOSES OF AUTOMOBILE INSURANCE, AND PROVIDE FOR THEIR RECLASSIFICATION AND FOR THE REFUNDING OF EXCESS PREMIUMS.

H. 3869 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO DISHONEST OR UNETHICAL PRACTICES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1509, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3870 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO CUSTODY OF CLIENT'S FUNDS OR SECURITIES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1510, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3871 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO FINANCIAL REPORTING REQUIREMENTS FOR CERTAIN INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

THIRD READING BILL

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

S. 482 -- Senators J. Verne Smith, O'Dell, Wilson, McConnell, Passailaigue, Leatherman and Martin: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 596 -- Senator Ryberg: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING SECTION 20-3-15, SO AS TO PROVIDE THAT WHEN THE PLAINTIFF IN A DIVORCE ACTION IS COERCED THROUGH PHYSICAL FORCE OR THREAT OF IMMINENT PHYSICAL VIOLENCE INTO RESUMPTION OF CONJUGAL RELATIONS, SUCH RESUMPTION OF RELATIONS SHALL NOT CONSTITUTE CONDONATION.

H. 3375 -- Reps. Huff, Wilkes and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-7-65 SO AS TO PROVIDE THAT THE CHIEF COMMISSIONER OF THE STATE ATHLETIC COMMISSION MAY DISCIPLINE ANY LICENSEE OF THE COMMISSION FOR VIOLATIONS OF APPLICABLE LAW OR REGULATIONS BY LICENSE SUSPENSION OR A CIVIL PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS, TO PROVIDE THAT EACH DAY A VIOLATION CONTINUES IS A SEPARATE VIOLATION, AND TO PROVIDE THAT DISCIPLINARY DECISIONS OF THE CHIEF COMMISSIONER ARE APPEALABLE TO THE FULL COMMISSION; AND TO AMEND SECTION 52-7-60, RELATING TO THE DISCIPLINARY AUTHORITY OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE DISCIPLINARY AUTHORITY OF THE COMMISSION EXTENDS TO ANY LICENSEE OF THE COMMISSION.

H. 3790 -- Rep. Phillips: A BILL TO AMEND SECTION 59-125-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE THAT THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AS EX OFFICIO MEMBERS OF THIS BOARD MAY APPOINT A DESIGNEE FOR THEM ON THE BOARD.

H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.

OBJECTION

H. 3416 -- Reps. Gonzales, Hutson, A. Young, Hallman, Simrill, R. Smith, Harwell, Holt, R. Young, Law, Wofford, Fulmer, Harrell, Neal, Littlejohn, Keyserling, Shissias, J. Bailey, Cooper, Huff, Corning, Breeland, Richardson, Neilson, Canty, Stone, Whipper, Davenport, Vaughn, Stille, H. Brown, M.O. Alexander, Walker, Haskins, Jaskwhich, McTeer, Inabinett, Harvin, McCraw, Phillips, Farr, Harrelson, Moody-Lawrence and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-32 SO AS TO AUTHORIZE A MUNICIPALITY TO APPOINT AND COMMISSION CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES AS NECESSARY FOR THE SECURITY, GENERAL WELFARE, AND CONVENIENCE OF THE MUNICIPALITY.

Senator COURTNEY asked unanimous consent to make a motion to proceed to a consideration of the Bill.

Senator COURTNEY explained the Bill.

Senator LEATHERMAN objected to further consideration of the Bill.

OBJECTION

H. 3295 -- Reps. Tucker and D. Smith: A BILL TO AMEND SECTION 27-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY RECOVERED BY THE SHERIFF OR POLICE CHIEF, SO AS TO CHANGE THE TIME FOR A PUBLIC AUCTION TO SIXTY DAYS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator STILWELL objected to further consideration of the Bill.

CARRIED OVER

H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.

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

S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.

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

S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

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

S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES. On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 339 -- Senators Giese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.

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

The Bill was made a Special Order.

MOTION ADOPTED

On motion of Senator PEELER, the Senate agreed to dispense with the remainder of the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

S. 293 -- Senators Mitchell and Mescher: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY TRAILER, SEMITRAILER, POLE TRAILER, OR UTILITY TRAILER MUST BE PAINTED WITH A LIGHT REFLECTING PAINT OR AFFIXED WITH A LIGHT REFLECTING TAPE IN A STRIP TO ENCOMPASS THE ENTIRE PERIMETER OF THE VEHICLE.

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

Senator LAND explained the amendment.

On motion of Senator LAND, the Bill was carried over.

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

CARRIED OVER

S. 377 -- Fish, Game & Forestry Committee: JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

On motion of Senator J. VERNE SMITH, the Resolution was carried over.

LOCAL APPOINTMENTS

Confirmations

On motion of Senator LANDER, the following appointment was confirmed:

Appointment, Newberry County Magistrate, with term to expire April 30, 1995:

Mr. Luke B. Hart, Route 2, Box 349, Whitmire, S.C. 29178 VICE Robert Duckett (resigned)

On motion of Senator ROSE, the following appointment was confirmed:

Appointment, Dorchester County Magistrate, with term to expire April 30, 1995:

Mr. Troy Guerard Knight, 401 Huntington Rd., Summerville, S.C. 29483 VICE Honorable William James Wylie

On motion of Senator LAND, the following appointment was confirmed:

Initial Appointment, Lee County Master-in-Equity, with term to expire December 31, 1995:

The Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010 VICE George M. Stuckey (retired)

On motion of Senator RICHTER, the following appointment was confirmed:

Appointment, Berkeley County Magistrate, with term to expire April 30, 1995.

Dr. Edward L. Sessions, 3835 Rivers Avenue, North Charleston, S.C. 29405 VICE Honorable Mark Stokes (resigned)

ADJOURNMENT

At 12:50 P.M., on motion of Senator GIESE, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


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