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

TUESDAY, FEBRUARY 6, 1990

Tuesday, February 6, 1990
(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 the Psalmists song of praise (Ps. 21:1-3):

"The king rejoices in Thy might

O Lord: well may he exult in Thy

victory, for Thou hast given him

his heart's desire and

has not refused him what he asked..."

"He asked of Thee life, and Thou didst

give it him, length of days for ever and ever".
Let us pray.

O God of the years that are passed... and the God of the years to come:

Father, grant Your mercy and grace upon Your servant, John Matthews and his family, today and in the years to come, as they go, today, to bury their father, John Wesley Matthews, Sr. May they hear, anew, the words, "I am the Resurrection and the Life".

Some of our leaders speak of the "dividends of peace". But sudden changes of history seem to bring us new problems.

In these days of regrouping on the face of the earth, be with us to guide us... and to save us... to sustain us... and to judge us.

If we should turn from Thy way, reverse our path, and help us to find new direction and clearer focus on the world scene.

Preserve us, O Lord, from public and private calamities... and from physical... moral and spiritual pollution... as we hear the words from the dawn of creation:

"He asked of Thee life, and Thou

didst give it him..."

Amen.

Point Of Quorum

Senator WADDELL made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

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

Message From The House

Columbia, S.C., February 6, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 330, H. 4287 by a vote of 2 to 0:
(R330) H. 4287 -- Reps. Klapman, Sturkie, Sharpe, Derrick, Felder and Koon: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R330) H. 4287 -- Reps. Klapman, Sturkie, Sharpe, Derrick, Felder and Koon: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.

On motion of Senator WILSON, with unanimous consent, the veto of the Governor was taken up for immediate consideration.

Senator WILSON spoke on the veto.

Senator WILSON moved that the veto by 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 veto of the Governor was overridden.

INVITATIONS RECEIVED
THE STATE OF SOUTH CAROLINA

February 1, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

I am requesting that the Central High School Eagles Football Team and coaches of Pageland, winners of the South Carolina Class 2-A Championship, be allowed to be introduced on the floor of the Senate behind the rail on February 21, 1990 at 12:15 P.M. and that the coach be permitted a brief response.

Thank you for this privilege. This team is most deserving and its accomplishment is outstanding.

With kind regards, I am

Very truly yours,
Donald H. Holland

Referred to Committee on Invitations.

ASSOCIATION OF CITADEL MEN

January 31, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

Each year, Citadel alumni residing in South Carolina hold a barbecue in honor of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Circuit Court. The Citadel Legislative Barbecue is representative of our desire to continue our personal involvement in our state's political process.

The Fifteenth Annual Barbecue will be held on Wednesday, May 16, 1990, at 6:30 P.M. in the Cantey Building at the State Fairgrounds. Dress will be casual. (Everyone attending must be at least 21 years of age.)

You, the members of the Senate and your spouses or escorts are invited to be honored guests of The Citadel Alumni Association. The invitation includes your staff personnel, clerks and attaches. A formal invitation will be sent to you and to members of the Senate about ten days prior to the event; however, we hope you will place the date of the barbecue on the Senate Calendar now.

We look forward to having you with us.

Sincerely,
Henry A. Kennedy, Jr.
Lieutenant Colonel
Director of Alumni Affairs

Referred to Committee on Invitations.

THE SOUTH CAROLINA ASSOCIATION OF
NON-PROFIT HOMES FOR THE AGING

February 1, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

The S.C. Association of Non-Profit Homes for the Aging cordially invites all Senate members to a reception on Tuesday, May 15, 1990 from 6:00 - 8:00 P.M. at the S.C. Episcopal Home at Still Hopes, 100 7th Street Extension off Knox Abbott Drive, West Columbia. Refreshments will be served.

Thank you.

Sincerely,
Joan V. Young
President

Referred to Committee on Invitations.

SOUTH CAROLINA REGISTERED COSMETOLOGIST
ASSOCIATION, INC.

February 1, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

The South Carolina Registered Cosmetologist Association's Annual Legislative Reception and Fashion Show has been re-scheduled for April 3, 1990 from 6:00 until 8:00 P.M. at the Town House.

We scheduled our event last February through the appropriate channels, with your Special Invitations Committee, so that is would be on your official calendars. However, we have been informed that you have received an invitation for a very exciting evening at the circus. We felt it unfair for you to have to choose between the two events.

Since it is so important to us that you be able to attend our reception we felt the most logical thing to do was re-schedule.

We do hope you will mark your calendars now and plan to join us on April 3 for a wonderful evening of fellowship with the Members of the South Carolina Registered Cosmetologist Association. Thank you for your continued support.

Sincerely,
Louanne Leone, Legislative Chairman

Referred to Committee on Invitations.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1180
Promulgated By Health and Environmental Control
Hazardous Waste Management Facility Location Standards
Received by Lt. Governor February 6, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day expiration date June 6, 1990

Document No. 1212
Promulgated By Department of Health and Environmental Control
61-47 Shellfish
Received by Lt. Governor February 6, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date June 6, 1990

REGULATION WITHDRAWN

The following was received.

Document No. 1130
Promulgated By Occupational Health and Safety Review Board
Rules of Procedure for the Review Board
Received by Lt. Governor April 26, 1989
Referred to Senate Committee on Labor, Commerce and Industry
120 day expiration date August 24, 1989
Sine Die Revised Expiration Date March 12, 1990
Senate Labor, Commerce and Industry Committee requested permanent withdrawal on February 2, 1990.
Withdrawn February 5, 1990

Doctor Of The Day

Senator McLEOD introduced Dr. Harrison Peeples of Estill, Doctor of the Day.

Point Of Personal Privilege

Senator GIESE rose to a Point of Personal Privilege.

Point Of Personal Privilege

Senator PATTERSON rose to a Point of Personal Privilege.

Message From The House

The following was received.
Columbia, S.C., February 6, 1990

Mr. President and Member of the Senate:

The House respectfully informs your Honorable Body that it has appointed Reps. Waldrop, Klapman and Kirsh of the Committee of Free Conference on the part of the House on:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Very respectfully,
Speaker of the House

Received as information.

FREE CONFERENCE COMMITTEE APPOINTED

H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

On motion of Senator MOORE, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators MOORE, POPE and LAND of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

ORDERED ENROLLED FOR RATIFICATION
Free Conference Report Adopted

H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

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

Senator MOORE explained the Report.

On motion of Senator MOORE, the Report of the Committee of Free Conference (Doc. No. 0388X) was adopted as follows:

FREE CONFERENCE REPORT
The General Assembly, Columbia, S.C., Feb. 1, 1990

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the Bill pass amended as follows:

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

/SECTION 1. Section 12-45-180 of the 1976 Code is amended to read:

"Section 12-45-180.   When the taxes and assessments or any portion thereof of the taxes and assessments charged against any property or person on the duplicate for the current fiscal year are not paid before the sixteenth day of January or thirty days after the mailing of tax notices, whichever occurs later, the county auditor shall add a penalty of three percent on the county duplicate and the county treasurer shall collect the penalty; and if. If the taxes, assessments, and penalty are not paid before the second day of the next February, an additional penalty of seven percent must be added by the county auditor on the county duplicate and collected by the county treasurer; and if. If the taxes, assessments, and penalties are not paid before the seventeenth day of the next March, an additional penalty of five percent must be added by the county auditor on the county duplicate and collected by the county treasurer; and if. If the taxes, assessments, and penalties are not paid before the seventeenth day of March, the county treasurer shall issue his tax execution to the officer authorized and directed to collect delinquent taxes, assessments, penalties, and costs for their collection as provided in Chapter 51 of this title and they must be collected as required by that chapter. The United States postmark is the determining date for mailed payments.

If the payment dates required by this section fall on a Saturday, Sunday, or legal holiday, the dates are extended to the end of the second business day immediately following which is not a Saturday, Sunday, or legal holiday."

SECTION 2. Notwithstanding the provisions of Section 12-45-180 of the 1976 Code, in those counties which observed January 15, 1990, as a holiday, no penalty may be assessed for ad valorem taxes due for the 1989 taxable year paid on January 16 or 17, 1990, if the taxpayer files a sworn statement with the Treasurer stating that the taxpayer attempted to pay the tax due on January 15, 1990. Penalties paid by the taxpayer on those days on taxes due for the 1989 tax year must be refunded no later than March 1, 1990.

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

Amend title to conform.

Thomas L. Moore                   Jarvis R. Klapman
Thomas H. Pope, III               Herbert Kirsh
John C. Land, III                 Dave C. Waldrop, Jr.
On Part of the Senate.            On Part of the House.

Message From The House

The following was received.
Columbia, S.C., February 6, 1990

Mr. President and Member of the Senate:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
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.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1195 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. DEWEY L. BLACKWELL OF BURNETTOWN IN AIKEN COUNTY UPON HIS DEATH FROM INJURIES RECEIVED IN A TRAGIC AUTOMOBILE ACCIDENT.

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

S. 1196 -- Senator Hinds: A CONCURRENT RESOLUTION CONGRATULATING MRS. DEANNA MCCLARY AND HER DAUGHTER, TARA, OF GEORGETOWN COUNTY UPON WINNING THE "MOTHER-DAUGHTER USA" TITLE IN LOS ANGELES RECENTLY.

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

S. 1197 -- Senators Saleeby, Land, McConnell, McLeod and Pope: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO DEFINE AN UNFAIR TRADE PRACTICE FOR AN AGENT, AN EMPLOYER, AND A MEMBER PARTICIPATING IN THE POOL; REVISE THE DEFINITION OF BOARD; 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.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1198 -- Senators Setzler and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-115 SO AS TO PROVIDE THAT PERSONS APPLYING FOR INITIAL CERTIFICATION TO BECOME CERTIFIED EDUCATION PERSONNEL SHALL UNDERGO CERTAIN FINGERPRINT REVIEWS, AND TO PROVIDE THAT THE FEES CHARGED FOR THESE REVIEWS MUST BE PAID BY THE APPLICANT.

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

Senator SETZLER spoke on the Bill.

S. 1199 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 21 OF TITLE 12, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO ENACT "THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT OF 1990" AND TO PROVIDE A PENALTY.

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

S. 1200 -- Senators Rose and McGill: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.

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

S. 1201 -- Senators Martschink, Rose, Nell W. Smith and O'Dell: A BILL TO AMEND CHAPTER 5, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HIGHWAY PATROL, SO AS TO PROVIDE FOR THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO DIRECTLY SUPERVISE THE PATROL INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

Senator MARTSCHINK spoke on the Bill.

S. 1202 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 102 SO AS TO PROVIDE FOR THE REGULATION OF AGENT CONTRACTS AND OTHER ACTIVITIES AND RELATIONS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES, TO PROVIDE FOR THE REGISTRATION OF ATHLETE AGENTS, TO REQUIRE STUDENT ATHLETES TO PROVIDE WRITTEN NOTIFICATION TO CERTAIN PERSONS UPON ENTERING INTO A CONTRACT WITH AN ATHLETE AGENT, TO REQUIRE AGENT CONTRACTS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES TO CONTAIN CERTAIN WARNING PROVISIONS, TO PROVIDE THAT FAILURE TO INCLUDE THE WARNING PROVISION RENDERS THE CONTRACT VOID, TO AUTHORIZE CIVIL DAMAGES FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 16-1-10, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE OFFENSES IN CHAPTER 102 ABOVE WHICH ARE FELONIES TO THIS LIST.

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

S. 1203 -- Fish, Game and Forestry Committee: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN ANY GAME ZONE, TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-700, 50-11-703, 50-11-704, AND 50-11-705 RELATING TO THE USE OF ARTIFICIAL LIGHTS.

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

S. 1204 -- Senators Gilbert, Nell W. Smith, McGill, Mitchell, O'Dell and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 20 SO AS TO ENACT "THE PARENTAL RESPONSIBILITIES ACT".

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

Senator GILBERT asked unanimous consent to make a motion that the Bill be referred to the Committee on Education.

Senator WILLIAMS objected.

S. 1205 -- Senator Martschink: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL DAYS MADE UP BECAUSE OF WEATHER, SO AS TO PROVIDE THAT UPON THE REQUEST OF A LOCAL SCHOOL BOARD, THE STATE BOARD OF EDUCATION IS REQUIRED TO WAIVE ONE-HALF OF THE DAYS MISSED IN THE DISTRICT AS A RESULT OF A NATURAL DISASTER.

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

S. 1206 -- Senators Long and Hinds: A BILL TO AMEND SECTION 1-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER, ELECTION, AND TERM OF SOLICITORS, SO AS TO REQUIRE THE SOLICITOR TO BE LICENSED TO PRACTICE LAW IN SOUTH CAROLINA AND HAVE A MINIMUM OF FIVE YEARS' EXPERIENCE.

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

S. 1207 -- Senator McGill: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE QUESTION ON A REFERENDUM FOR CHANGING THE NUMBER OF COUNCIL MEMBERS OR THE METHOD OF ELECTION OF COUNCIL MEMBERS MAY BE HELD NO SOONER THAN TWELVE MONTHS AFTER AN ELECTION ON THE SAME QUESTION.

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

S. 1208 -- Senators Williams, Fielding, Gilbert, Mitchell, Patterson, Bryan, Courson, Drummond, Giese, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF THE REVEREND JOHN WESLEY MATTHEWS, SR., OF ORANGEBURG WHO DIED FEBRUARY 2, 1990.

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

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.

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

H. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROHIBIT THE REQUIREMENT TO LABEL A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN IS NOT REQUIRED TO OBTAIN A FEDERAL OR STATE-CONTROLLED SUBSTANCE LICENSE, UNDER CERTAIN CONDITIONS.

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

H. 4461 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.

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

H. 4513 -- Reps. Snow, Altman, Elliott, Barfield, Keegan, Corbett, Gordon and Harvin: A JOINT RESOLUTION TO NAME THE NEW MOTOR VEHICLE LICENSE OFFICE BUILDING OF THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT IN THE CITY OF GEORGETOWN THE "WALLACE J. McKNIGHT BUILDING".

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

H. 4181 -- Rep. Farr: A BILL TO AUTHORIZE THE UNION COUNTY BOARD OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES.

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

H. 4471 -- Reps. Gentry and Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE BETWEEN SALUDA AND NEWBERRY COUNTIES ON ROAD S-41-391 AS THE "NOAH L. BLACK BRIDGE."

Referred to the Committee on Transportation.

H. 4556 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE MILES S. EPLING OF WEST VIRGINIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990.

Referred to the Committee on Invitations.

H. 4561 -- Rep. Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF LADSON ELEMENTARY SCHOOL IN CHARLESTON ON ITS IDENTIFICATION BY THE STATE BOARD OF EDUCATION AS A DEREGULATED SCHOOL.

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

H. 4562 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS BY DECLARING FEBRUARY 21, 1990, "YORK COUNTY DAY".

On motion of Senator PEELER, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4580 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES H. HENDRIX ELEMENTARY SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR BEING CHOSEN AS ONE OF THE CONGRESSIONAL DISTRICT'S WINNERS OF THE 1989-90 PALMETTO'S FINEST AWARD.

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

H. 4581 -- Reps. Manly, Winstead and Holt: A CONCURRENT RESOLUTION TO COMMEND THE 42ND RAINBOW DIVISION FOR ITS DISTINGUISHED SERVICE TO OUR COUNTRY IN TWO WORLD WARS AND TO WELCOME THE VETERANS OF THE DIVISION TO ITS MID-YEAR REUNION TO BE HELD IN CHARLESTON, SOUTH CAROLINA.

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

H. 4585 -- Reps. Sheheen, J. Rogers and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 28, 1990.

Referred to the Committee on Invitations.

REPORTS OF STANDING COMMITTEES

Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendments report on:

S. 139 -- Senator Pope: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PLACARDS TO A MAXIMUM PERIOD OF TWO YEARS.

Ordered for consideration tomorrow.

Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:

S. 548 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-135 SO AS TO PROVIDE THAT NO PRISONER INCARCERATED IN ANY TYPE OF PRISON FACILITY MAY BE FORCED TO EAT OR BE FED INTRAVENOUSLY AGAINST HIS WILL.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 851 -- Senator Lourie: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY AND MODIFICATION OF AN AGREEMENT CREATING AN AUTHORITY OR PLAN OF SERVICE, SO AS TO DELETE THE REQUIREMENT FOR RATIFICATION OF AN AGREEMENT BY THE QUALIFIED ELECTORS WITHIN THE PROPOSED SERVICE AREA AND TO PROHIBIT A SERVICE AREA FROM IMPOSING A TAX OR CHANGING THE LEVEL OF TAX IMPOSED UNLESS A MAJORITY OF THE QUALIFIED ELECTORS WITHIN THE AREA VOTING ON THE QUESTION APPROVE; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO AN AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF AND THE MEMBERSHIP OF CONTIGUOUS COUNTIES AND CITIES, SO AS TO DELETE THE REFERENCES TO THE REQUIRED RATIFICATION.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendments report on:

S. 911 -- Senators Moore, Holland, Rose, Hinson and Giese: A BILL TO AMEND SECTION 56-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF ITEMS IN APPLYING FOR A DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, SO AS TO ALLOW ANY REASONABLY RELIABLE DOCUMENT CONTAINING THE APPLICANT'S SOCIAL SECURITY NUMBER TO SERVE AS SUFFICIENT PROOF OF THE EXISTENCE AND VALIDITY OF THEIR SOCIAL SECURITY NUMBER AND TO PROVIDE THAT THE SOCIAL SECURITY NUMBER MAY BE OBTAINED FROM OTHER SOURCES.

Ordered for consideration tomorrow.

Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable with amendments report on:

S. 1090 -- Senators Shealy, Horace C. Smith and Bryan: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY CRIME PREVENTION AND REHABILITATION AND PAROLE AS THEY RELATE TO IMPRISONMENT, WAYS TO REDUCE THE STATE'S PRISON POPULATION, AND THE NEED FOR THE CONSTRUCTION OF MORE PRISONS.

Ordered for consideration tomorrow.

Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable with amendments report on:

S. 1135 -- Senators Shealy and Long: A CONCURRENT RESOLUTION ESTABLISHING A STUDY COMMITTEE TO STUDY THE USE OF THE DRUG DEPO PROVERA IN THE TREATMENT OF SEX OFFENDERS AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE AND THE DATE FOR ITS REPORT.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 1140 -- Senators Rose and McGill: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY ALTERNATIVE AND INNOVATIVE METHODS OF FINANCING INFRASTRUCTURE OF PUBLIC HIGHWAY AND UTILITY PROJECTS.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendments report on:

S. 1169 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF RAILROAD CROSSINGS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS WITHIN SIXTY DAYS AFTER RECEIPT OF NOTIFICATION FROM THE DEPARTMENT, AND TO PROVIDE THIRTY DAYS FOR THE ERECTION OF CROSSBUCKS AFTER NOTIFICATION FROM THE DEPARTMENT.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 3451 -- Reps. Farr, T. Rogers, McBride, Rama, M.D. Burriss, Phillips, Moss, Harwell, Taylor, Wilkes, Littlejohn, T.C. Alexander, J. Brown, Huff, Waldrop, Barfield, D. Williams, Whipper, Glover, Wofford, Keegan, Chamblee, L. Martin, Hodges, Wilder, Blanding, K. Bailey, Snow, Stoddard, Mappus, Winstead, J. Bailey and Wright: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND DELINQUENT REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE FOR THE WAIVER OF THE DELINQUENCY PENALTY FEE OF FIVE DOLLARS IN CASES WHERE THE OWNER DEMONSTRATES THAT HIS PERSONAL ILLNESS WAS THE CAUSE OF HIS FAILURE TO REGISTER AND LICENSE THE VEHICLE AND PAY THE SPECIFIED FEES OR RENEWAL WHEN REQUIRED.

Ordered for consideration tomorrow.

Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:

H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.

Ordered for consideration tomorrow.

Adopted

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 842 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF AIR BASE ROAD IN RICHLAND COUNTY AS "ROBERT H. MORRELL ROAD".

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

On motion of Senator LOURIE, the Concurrent Resolution was adopted, ordered sent to the House.

RECOMMITTED

S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was recommitted to the Committee on Judiciary for the purpose of a public hearing.

Senator PASSAILAIGUE spoke on the motion.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution 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. 3950 -- Rep. Fant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-120 SO AS TO EXTEND THE STATUTE OF LIMITATIONS FOR THE FILING OF CLAIMS AND SUITS AGAINST CORPORATIONS AND OTHER EMPLOYERS RELATING TO CLAIMS FILED WITH THE STATE HUMAN AFFAIRS COMMISSION.

H. 4190 -- Reps. Foster and Harvin: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1989-90 SCHOOL YEAR, A TOTAL OF FIVE DAYS MAY BE EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BECAUSE OF BAD WEATHER BE MADE UP FOR DAYS MISSED AS A RESULT OF HURRICANE "HUGO" AND TO PROVIDE THAT ADDITIONAL DAYS MAY BE EXEMPTED FOR SCHOOL SYSTEMS THAT WERE SEVERELY DAMAGED AND DISRUPTED.

HOUSE BILL RETURNED

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 3882 -- Rep. McLellan: A BILL TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL; AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.

THIRD READING BILLS

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

S. 1154 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER'S ANNUAL STATEMENT AS TO ITS BUSINESS STANDING AND FINANCIAL CONDITION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE FORM OF THE STATEMENT AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE THE FILING OF QUARTERLY REPORTS AND ADDITIONAL INFORMATION.

S. 832 -- Senators Martschink, McConnell, Passailaigue, Helmly, Hinds, Gilbert, Pope, Bryan, Setzler, Stilwell, Long, Thomas, Nell W. Smith, Lee, Wilson, Rose, Moore, Leventis, Leatherman, Mullinax, O'Dell, Courson, J. Verne Smith, Macaulay and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.

S. 901 -- Senators Hayes and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-12 SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO DESIGNATE NOT MORE THAN TWO DAYS IN EACH CALENDAR YEAR AS FREE FISHING DAYS AND TO PROVIDE THAT RESIDENTS OF THIS STATE, WITHOUT OBTAINING A FISHING LICENSE, MAY EXERCISE THE PRIVILEGES OF A HOLDER OF A FISHING LICENSE, SUBJECT TO LIMITATIONS AND RESTRICTIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT COMMERCIAL FISHING LICENSES.

Senator HAYES explained the Bill.

S. 1037 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-33-395 SO AS TO PROVIDE FOR SUIT NOT TO BE BROUGHT AGAINST EMPLOYEES AND VOLUNTEERS OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.

Objection

S. 774 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 TO TITLE 15 SO AS TO PROVIDE FOR THE "VOLUNTEER PROTECTION ACT OF 1989".

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

Senator LAND objected to further consideration of the Bill.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:

H. 3641 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR A PETITION TO BE FILED WITH INSTEAD OF NOTICE TO THE FAMILY COURT WHEN AN AGENCY INITIATES PROTECTIVE SERVICES.

H. 3856 -- Rep. R. Brown: A BILL TO AMEND SECTION 58-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL PENALTIES FOR VIOLATIONS BY GAS UTILITY COMPANIES, SO AS TO INCREASE THEM.

Objection

S. 1057 -- Senator Russell: A BILL TO AMEND SECTION 53-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROHIBITION ON SUNDAY WORK, SO AS TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO THE SALE OR RENTAL OF PRERECORDED VIDEOTAPES, VIDEOCASSETTE RECORDERS, OR PLAYERS.

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

Senator RUSSELL spoke on the Bill.

Senator J. VERNE SMITH objected to further consideration of the Bill.

CARRIED OVER

The following Bills were carried over:

S. 1179 -- Senators Courson and Passailaigue: A BILL TO AMEND SECTION 50-17-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF SHRIMP, SO AS TO MAKE PENALTIES FOR TAKING SHRIMP OVER BAIT WITHOUT A PERMIT DISCRETIONARY INSTEAD OF MANDATORY.

(On motion of Senator COURSON)

H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1015 SO AS TO PROVIDE A CIVIL PENALTY FOR FAILURE TO FILE OR TO FILE LATE A STATEMENT REQUIRED BY CHAPTER 13 OF TITLE 8 RELATING TO ETHICS.

(On motion of Senator SHEALY)

H. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS; TO AMEND SECTION 20-7-1510, RELATING TO THE DISPOSITION OF FINES AND FORFEITURES GENERATED BY THE CIRCUIT AND FAMILY COURT, SO AS TO PROVIDE SPECIFICALLY THAT FINES AND FORFEITURES FOR SHELLFISH VIOLATIONS ARE EXCLUDED FROM THE GENERAL DISTRIBUTION PROVISIONS; AND TO AMEND SECTION 44-53-580, RELATING TO THE DISPOSITION OF FINES GENERATED FROM NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE THAT ONE-FOURTH OF THE FINES MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY WHERE THE VIOLATION OCCURRED.

(On motion of Senator MOORE)

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

Made Special Order

S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.

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

The Bill was made a Special Order.

MOTION EXPIRES

S. 295 -- Senators Lourie, Land and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-11-35 SO AS TO PROVIDE THAT HEART DISEASE OR HYPERTENSION RESULTING IN HOSPITALIZATION OR DEATH DEVELOPED BY CERTAIN CURRENT AND NEWLY HIRED LAW ENFORCEMENT OR CORRECTION OFFICERS IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT.

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

Senator LAND explained the Bill.

Point Of Order

Senator LAND raised a Point of Order that the motion was not debatable.

The PRESIDENT sustained the Point of Order.

Senator DRUMMOND, with unanimous consent, spoke on the motion.

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

ADJOURNMENT

At 1:43 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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