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 the words from the Epistle to the Hebrews (11:16):
"Instead, they were longing for a
better country---a heavenly one.
Therefore God is not ashamed to be
called their God,
For he has prepared a city for them."
Let us pray.
Have mercy, O Lord, upon Your servant, Ed Garrison and his family. Give them, we pray, the consolations which only the Gospel of the Resurrection can give.
God of the Nations, as we remember today the tragedy of our people... now a century and thirty years ago... we pray that our country may never again be torn asunder.
We solemnly give thanks for the memory of our forefathers, who
"True to the instincts of their birth,
Faithful to the teachings of their fathers,
Constant in their love for the State,
suffered and died in the performance of what
they perceived to be their duty."
As we face our day and future days, we pray for a people and leaders, like those
"Whom power could not corrupt,
Whom death could not terrify,
Whom defeat could not dishonor...
Teaching all who may claim the same
birthright that truth, courage and
patriotism endure forever."
We pray in the Name of the Prince of peace.
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland 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 Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
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.
Appointment, Member, South Carolina State Fire Commission, Fire Protection Engineer, with term to expire January 15, 1994:
Mr. Joe Arthur Black, III, Post Office Box 98, Simpsonville, South Carolina 29681 VICE Mr. Carl R. Dickert
Referred to the General Committee.
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.
Appointment, Member, Commission on Women, At-Large, with term to expire October 18, 1993:
Mrs. Susan B. Hoag, 115 Green Valley Drive, Greenville, South Carolina 29609 VICE Ms. Clelia D. Hendrix
Referred to the General Committee.
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.
Appointment, Member, Technical Radiation Control Council, with term to expire July 1, 1991:
2nd Congressional District:
Ms. Cathy Blackburn Novinger, 119 Mill Pond Road, Cayce, South Carolina 29033 VICE Mr. Rodney Hull (resigned)
Referred to the Committee on Medical Affairs.
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.
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1993:
Barnwell and Aiken Counties:
Ms. Marilyn B. Brown, 200 Hartwell Drive, Aiken, South Carolina 29801 VICE Star Carter
Referred to the Committee on Labor, Commerce and Industry.
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.
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1992:
3rd Congressional District:
Mr. John Mattison Geer, Jr., 208 Payne Lane, Clemson, South Carolina 29631 VICE Mr. Bill Foust (resigned)
Referred to the Committee on Medical Affairs.
May 9, 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.
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
3rd Congressional District:
Mr. Kenneth Russell Witt, Karen Apartments #10, 706 Stanley Avenue, Greenwood, South Carolina VICE Mr. Frank Whitecotton
Referred to the General Committee.
The following were received and referred to the appropriate committee for consideration.
Document No. 1285
Promulgated By Clemson University, Department of Fertilizer and Pesticide Control
Chemigation Regulation
Received by Lt. Governor May 9, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day expiration date September 6, 1990
Document No. 1286
Promulgated By Clemson University, Department of Plant Industry
Bee Regulations
Received by Lt. Governor May 9, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day expiration date September 6, 1990
Document No. 1287
Promulgated By Clemson University, Department of Plant Industry
Boll Weevil Regulations and Quarantine
Received by Lt. Governor May 9, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day expiration date September 6, 1990
The following was received.
Document No. 1254
Promulgated By Workers' Compensation Commission
Workers' Compensation
Received by Lt. Governor April 12, 1990
Referred to Senate Committee on Judiciary
120 day expiration date August 10, 1990
Senate Committee requested withdrawal April 19, 1990
Withdrawn and Resubmitted April 19, 1990
H. 5079 Introduced May 3, 1990 to approve
Withdrawn and Resubmitted May 9, 1990
Senator MULLINAX introduced Dr. Rebecca White of Anderson, Doctor of the Day.
Columbia, S.C., May 10, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 10, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3768 -- Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 10, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5053 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO NAME THE S.C. 9 BRIDGE CROSSING THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "SENATOR ROGER C. SCOTT MEMORIAL BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
and has ordered the Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 9, 1990
Mr. President and Members of the Senate:
The House respectfully informs your Honorable Body that it insists upon its amendments to :
H. 4476 -- Rep. Moss: A BILL 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.
asks for a Committee of Conference and has appointed Reps. Moss, Rama and Whipper of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators HOLLAND, PATTERSON and LEE of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., May 9, 1990
Mr. President and Members of the Senate:
The House respectfully informs your Honorable Body that it insists upon its amendments to :
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
asks for a Committee of Conference and has appointed Reps. Blackwell, P. Harris and Vaughn of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators MACAULAY, NELL W. SMITH and STILWELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., May 9, 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:
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
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.
S. 1592 -- Senators Bryan and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 86 BEGINNING AT ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 20 IN GREENVILLE COUNTY AND CONTINUING INTO ANDERSON COUNTY TO THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 53 AND SOUTH CAROLINA HIGHWAY 86 AS "M. J. 'DOLLY' COOPER ROAD".
Returned with concurrence.
Received as information.
S. 1594 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE SHARON A. MAXWELL OF WILLIAMSBURG COUNTY UPON BEING SELECTED THE OUTSTANDING MILITARY SCIENCE IV WOMAN CADET IN THE UNITED STATES ARMY FIRST REGION AND PRESENTED THE PALLAS ATHENE AWARD.
Returned with concurrence.
Received as information.
S. 1596 -- Senator Mullinax: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MAY, 1990, AS PARLIAMENTARY MONTH.
Returned with concurrence.
Received as information.
H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recalled from the Committee on Labor, Commerce and Industry.
On motion of Senator J. VERNE SMITH, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 4896 -- Reps. Clyborne and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Fish, Game and Forestry.
On motion of Senator DRUMMOND, the Bill was taken up for immediate consideration.
On motion of Senator DRUMMOND, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator DRUMMOND, with unanimous consent, H. 4896 was ordered to receive a third reading on Friday, May 11, 1990.
H. 5061 -- Rep. Kinon: A BILL TO DESIGNATE A ROAD IN DILLON COUNTY AS "JUNE SCOTT BOULEVARD".
On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.
On motion of Senator LOURIE, the Bill was taken up for immediate consideration.
On motion of Senator LOURIE, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LOURIE, with unanimous consent, H. 5061 was ordered to receive a third reading on Friday, May 11, 1990.
The following were introduced:
S. 1597 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE BERKELEY HIGH SCHOOL'S ODYSSEY OF THE MIND TEAM WHO RECENTLY WON FIRST PLACE AT THE STATE COMPETITION HELD IN COLUMBIA AND TO WISH THE TEAM GOOD LUCK AS IT COMPETES IN THE WORLD ODYSSEY OF THE MIND CONTEST IN AMES, IOWA, IN MAY, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1598 -- Senators Mullinax, 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, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO OUR FRIEND AND FORMER COLLEAGUE, T. ED GARRISON, AND HIS FAMILY OF ANDERSON WHOSE SON, JAMES BARTLETT (BART) GARRISON, WAS KILLED IN A TRAGIC FARMING ACCIDENT ON WEDNESDAY, MAY 9, 1990, AND TO WISH A SPEEDY RECOVERY TO SENATOR GARRISON'S SON, TOM, WHO IS RECOVERING FROM INJURIES SUFFERED IN THE SAME ACCIDENT.
On motion of Senator MULLINAX, with unanimous consent, the Senate Resolution was adopted.
H. 5093 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION DESIGNATING THOMAS S. (TOM) LINTON AS CODE COMMISSIONER EMERITUS UPON HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
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.
Referred to the Committee on Invitations.
H. 5096 -- Reps. Blanding, Boan, Felder, Gregory and Burch: A CONCURRENT RESOLUTION TO WELCOME BISHOP ABEL T. MUZOREWA OF THE ZIMBABWE AREA AFRICA CENTRAL CONFERENCE FOR THE UNITED METHODIST CHURCH ON HIS VISIT TO SOUTH CAROLINA AND TO COMMEND HIM IN HIS EFFORTS TO PROMOTE THE AFRICA UNIVERSITY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5097 -- Reps. J. Bailey, Keyserling, Barber, Holt, D. Martin, Washington and Whipper: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JULIAN WILES FOR HIS EXTRAORDINARY ABILITIES AS AN ARTIST, AN ARTS EDUCATOR, AND AN ARTS MANAGER, TO THE BENEFIT OF ALL SOUTH CAROLINIANS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5100 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE BECKY A. JONES OF SPARTANBURG UPON BEING NAMED SALUTATORIAN OF BOILING SPRINGS HIGH SCHOOL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5101 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TRACY L. SCOTT OF SPARTANBURG UPON BEING NAMED VALEDICTORIAN OF BOILING SPRINGS HIGH SCHOOL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5102 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE STEFAN MONTGOMERY OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SOPHOMORE UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5103 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE BRANDON MCKILLOP OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A JUNIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5104 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TERESA TAYLOR OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SENIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5105 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AMITY MCCULLOUGH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SENIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5106 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE CHANDA DYAR OF CHESNEE IN SPARTANBURG COUNTY FOR HER HEROIC EFFORTS IN SAVING THE LIFE OF A YOUNG BOY ON THE CHATTOOGA RIVER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5107 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE TRENT DYAR OF CHESNEE IN SPARTANBURG COUNTY FOR HIS HEROIC EFFORTS IN SAVING THE LIFE OF A YOUNG BOY ON THE CHATTOOGA RIVER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5108 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE TRENT DYAR OF CHESNEE IN SPARTANBURG COUNTY UPON COMPLETING THE REQUIREMENTS FOR EAGLE SCOUT FOR TROOP 211, BOILING SPRINGS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5109 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE CHAD MICHAEL GORMAN OF SPARTANBURG UPON BEING NAMED A JUNIOR MARSHALL OF BOILING SPRINGS HIGH SCHOOL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5110 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE JEAN VAUGH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL UPON RECEIVING THE BUS DRIVER AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5111 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ASHLEE TARA BAGWELL OF SPARTANBURG UPON BEING NAMED A JUNIOR MARSHALL OF BOILING SPRINGS HIGH SCHOOL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5112 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ANGIE SMITH OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A JUNIOR UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5113 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE ZANENE TAYLOR OF SPARTANBURG WHO ATTENDS BOILING SPRINGS HIGH SCHOOL AS A SOPHOMORE UPON RECEIVING THE STATE REPRESENTATIVE AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
The following Bills 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. 4788 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CERTIFICATION OF MINORITY BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1206, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4934 -- Rep. Kirsh: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AMEND THE AUTHORIZATION FOR THE DENMARK TECHNICAL COLLEGE STUDENT SERVICE CENTER RENOVATION AND ADDITION BY ADDITIONALLY AUTHORIZING THE PROCEEDS FROM THE BONDS TO BE EXPENDED FOR THE COMPLETION OF THE PHYSICAL PLANT BUILDING.
H. 5052 -- Rep. Wofford: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANGAREE CIVIC LEAGUE.
H. 3237 -- Rep. Limehouse: A BILL TO AMEND SECTION 40-6-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR SUSPENSION OR REVOCATION OF AN AUCTIONEER'S LICENSE, SO AS TO ADD AS A GROUND CONVICTION OF A FELONY.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
H. 4918 -- Rep. T.C. Alexander: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
S. 1530 -- Judiciary Committee: A BILL TO ENACT "THE OMNIBUS DRUG OFFENSES ACT OF 1990" SO AS TO AMEND SECTION 44-53-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "ICE" OR "CRANK"; TO AMEND SECTION 44-53-370(a), RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE DELIVERY, PURCHASE, OR ATTEMPTED MANUFACTURE, DISTRIBUTION, DISPENSING, DELIVERY, OR PURCHASE AS PROHIBITED ACTS; TO AMEND ITEM (e) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE THE CULTIVATION OR PURCHASE AND ATTEMPTED POSSESSION AS PROHIBITED ACTS; TO AMEND SUBITEM (e)(1) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF ONE HUNDRED TO ONE THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWENTY-FIVE THOUSAND DOLLARS, THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF MORE THAN ONE THOUSAND MARIJUANA PLANTS, BUT LESS THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF FIFTY THOUSAND DOLLARS, AND THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF TEN THOUSAND MARIJUANA PLANTS OR MORE THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A TERM OF IMPRISONMENT OF TWENTY-FIVE TO THIRTY YEARS WITH A MANDATORY MINIMUM TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWO HUNDRED THOUSAND DOLLARS; TO AMEND SECTION 44-53-375, RELATING TO PENALTIES FOR POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE, SO AS TO INCLUDE REFERENCES TO "ICE" AND "CRANK", TO PROHIBIT ATTEMPTED POSSESSION OF THESE SUBSTANCES, AND TO ADD A NEW OFFENSE KNOWN AS "TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE"; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-392 SO AS TO PROVIDE THAT THE TOTAL WEIGHT OF THE SUBSTANCE IN ITS PURE FORM OR AS A MIXTURE IS THE APPROPRIATE WEIGHT TO BE CONSIDERED FOR PURPOSES OF THIS ARTICLE; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A RADIUS OF ONE-HALF MILE OF A SCHOOL, SO AS TO EXPAND THE TERRITORIAL AREA IN WHICH A VIOLATION IS POSSIBLE; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND ITEM (6) OF SECTION 44-53-520(a), AS AMENDED, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES AND THEIR COMPOUNDS, SO AS TO ALLOW FOR THE FORFEITURE OF SUCH CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) OR SECTION 44-53-370(e); TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND CHAPTER 1, TITLE 56, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-745 SO AS TO REQUIRE THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE UPON A CONTROLLED SUBSTANCE CONVICTION UNDER CHAPTER 53 OF TITLE 44 AND TO PERMIT ISSUANCE OF A RESTRICTED TO AND FROM WORK LICENSE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN DRUG-RELATED OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment (Doc. No. 1617X), proposed by Senator MARTSCHINK, and printed in the Journal of April 25, 1990.
Senator HOLLAND explained the amendment.
Senator MARTSCHINK proposed the following amendment (Doc. No. 0662I), which was adopted:
Amend the bill, as and if amended, page 26, after line 20 by adding an appropriately numbered SECTION to read as follows:
/"SECTION ___. 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 title to conform.
Senator HOLLAND explained the amendment.
With unanimous consent, Senator HAYES amended the amendment proposed by Senator MARTSCHINK (Doc. No. 1617X) as follows (Doc. No. 1842X):
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Article 1, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-70. (A) A Drug Cabinet is established to study and make recommendations concerning the state's efforts to fight drugs in South Carolina by determining the necessary funds, personnel, and programs. The cabinet consists of the Governor who serves as chairman and the following members, or their designees:
(1) Attorney General;
(2) Chief of the South Carolina Law Enforcement Division;
(3) State Superintendent of Education;
(4) Commissioner of the South Carolina Department of Health and Environmental Control;
(5) Director of Law Enforcement for the South Carolina Department of Highways and Public Transportation;
(6) Executive Director of the South Carolina Criminal Justice Academy;
(7) Director of the South Carolina Commission on Alcohol and Drug Abuse;
(8) special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(9) representative of the Drug Enforcement Administration of the United States Department of Justice, Columbia office;
(10) United States Attorney for the District of South Carolina;
(11) Commissioner of the Department of Mental Health;
(12) Commissioner of the Human Affairs Commission.
(B) Those members who are eligible to receive mileage, per diem, and subsistence must be allowed the reimbursement as provided by law for members of state boards, committees, and commissions and which must be paid out of the respective members' agency's accounts."/
Renumber sections to conform.
Amend title to conform.
Senator MARTSCHINK explained the amendment.
On motion of Senator MARTSCHINK, the amendment was adopted.
Senator PASSAILAIGUE proposed the following amendment (Doc. No. 3620R, G2), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. (A) For purposes of this section, 'paging device' means a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.
(B) A student in grades kindergarten through twelve in the public schools may not possess a paging device while on school property or while attending a school sponsored or school related activity on or off school property, unless the student is in attendance in the capacity of an active member of a volunteer firefighting organization or a volunteer emergency medical service organization.
(C) The board of trustees of each school district shall include the prohibition in subsection (A) of this section in the district's written standards of student conduct. A student who violates the prohibition is subject to discipline as provided by board policy, consistent with this subsection.
(D) A person who discovers a student in possession of a paging device in violation of this section shall report the violation to the appropriate school administrator, as determined by school policy, who shall order a peace officer or appropriate school employee to confiscate the device, which is forfeited to the school district./.
Amend title and renumber sections to conform.
Senator PASSAILAIGUE explained the amendment.
On motion of Senator BRYAN, the Bill was carried over.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
H. 4723 -- Reps. M.O. Alexander and T.C. Alexander: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE RETAIL LICENSE, SO AS TO CONSOLIDATE THE PROVISIONS GOVERNING SPECIAL RETAIL LICENSES AND EXEMPTIONS FROM THE RETAIL LICENSE REQUIREMENT, TO CLARIFY THE LICENSE REQUIREMENTS FOR RETAILERS CONDUCTING A TRANSIENT OR TEMPORARY BUSINESS, AND TO PROVIDE DEFINITIONS, AND TO PROVIDE FOR A SPECIAL SALES TAX RETURN FOR SPECIAL EVENTS IN LIEU OF THE RETAIL LICENSE REQUIREMENTS AND DISCOUNT PROVISIONS, AND TO PROVIDE DEFINITIONS AND TO AUTHORIZE THE TAX COMMISSION TO DETERMINE WHICH LICENSE A RETAILER MUST OBTAIN.
Senator J. VERNE SMITH explained the Bill.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator J. VERNE SMITH, the Bill was given a second reading with notice of general amendments, carrying over all amendments to third reading.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
H. 4939 -- Rep. Cole: A BILL TO AMEND ACT 318 OF 1965, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS, RATHER THAN A MAXIMUM OF TWENTY THOUSAND DOLLARS.
On motion of Senator HORACE C. SMITH, H. 4939 was ordered to receive a third reading on Friday, May 11, 1990.
S. 1549 -- Senator Matthews: A BILL TO AUTHORIZE SCHOOL DISTRICTS 3 AND 8 OF ORANGEBURG COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
On motion of Senator MATTHEWS, S. 1549 was ordered to receive a third reading on Friday, May 11, 1990.
H. 5067 -- Reps. Boan and Hodges: A BILL TO AMEND ACT 777 OF 1988, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A STATEMENT OF CANDIDACY FOR ELECTION TO THE DISTRICT BOARD MUST BE FILED NO LATER THAN THE FIRST DAY OF SEPTEMBER PRECEDING THE ELECTION RATHER THAN FORTY-FIVE DAYS BEFORE THE ELECTION AND TO PROVIDE THAT WHEN SEPTEMBER FIRST IS A SUNDAY, THE STATEMENT MUST BE FILED BY NOON OF THE FOLLOWING MONDAY.
On motion of Senator HINSON, H. 5067 was ordered to receive a third reading on Friday, May 11, 1990.
S. 1591 -- Judiciary Committee: A BILL TO AMEND SECTION 27-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIME SHARING PLANS SO AS TO PROVIDE THAT THE BUYER MUST ACKNOWLEDGE AND SIGN A STATEMENT EXPLAINING THE BUYER'S RIGHT TO CANCEL.
Senator POPE explained the Bill.
On motion of Senator GIESE, with unanimous consent, S. 1591 was ordered to receive a third reading on Friday, May 11, 1990.
S. 1593 -- Senators Setzler 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.
S. 1531 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
On motion of Senator HINDS, with unanimous consent, the Bill was taken up for immediate consideration.
Senator HINDS explained the Bill.
On motion of Senator HINDS, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HINDS, with unanimous consent, S. 1531 was ordered to receive a third reading on Friday, May 11, 1990.
H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (Doc. No. 1452o) was adopted as follows:
Amend the bill, as and if amended, in Section 23-43-160 of the 1976 Code, as contained on page 9, by inserting immediately after /chapter./ on line 23 of page 9 the following: /These fees must be established by regulations promulgated by the Council in accordance with the Administrative Procedures Act./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Senator McCONNELL raised a Point of Order that under Rule 40, the Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 718 -- Senator Pope: A BILL TO AMEND SECTIONS 6-21-430 AND 6-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF THE BORROWER, AS DEFINED IN THE REVENUE BOND ACT FOR UTILITIES, SHALL DESIGNATE A CUSTODIAN OF THE GROSS REVENUES FROM THE OPERATION OF THE SYSTEM AND TO THE SETTING ASIDE OF REVENUES FOR THE REPAYMENT OF REVENUE BONDS PROVIDED FOR IN THE ACT, SO AS TO DELETE THE REQUIREMENT THAT A CUSTODIAN BE APPOINTED AND REQUIRE THAT A BORROWER ISSUING BONDS PURSUANT TO CHAPTER 21 OF TITLE 6 HOLD IN TRUST THE REVENUE PLEDGED TO THE PAYMENT OF THE BONDS FOR THE BENEFIT OF THE HOLDERS AND APPLY REVENUES ONLY AS PROVIDED BY THE ORDINANCE WHICH AUTHORIZED THE ISSUANCE OF THE BONDS, AND DELETE THE PROVISIONS REQUIRING THE SEGREGATION OF REVENUES OF THE SYSTEM UNDER THE PROVISIONS OF CHAPTER 21 OF TITLE 6 AND TO AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY TO INSERT PROVISIONS IN AN ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS AND REQUIRING THIS INSERTION TO BE A PART OF THE CONTRACT WITH THE HOLDERS OF THE BONDS, VESTING IN A TRUSTEE THE RIGHT TO ENFORCE COVENANTS WHICH THE HOLDERS OF THE BONDS MAY ENFORCE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator POPE explained the amendment.
Senator LEATHERMAN objected to further consideration of the Bill.
H. 4716 -- Reps. Whipper, Winstead, Wilkes, White, Holt, Washington, D. Martin, Barber, Kohn, Keyserling, G. Bailey, Waites and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment (Doc. No. 1490o) previously proposed by Senator SHEALY and printed in the Journal of Wednesday, May 9, 1990.
Senator POPE renewed his Point of Order that the amendment was out of order inasmuch as it was not germane to the subject matter of the Resolution.
The PRESIDENT overruled the Point of Order.
Senator THOMAS objected to further consideration of the Joint Resolution.
H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.
Senator HOLLAND asked unanimous consent to make a motion that the Bill be taken up for immediate consideration.
Senator LEATHERMAN objected.
H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.
On motion of Senator WILSON, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
Senator NELL W. SMITH proposed the following amendment (Doc. No. 1370o):
Amend the resolution, as and if amended, page 1, line 26, by striking /fourteen/ and inserting /fifteen/.
Amend further, page 1, line 39, by striking /and/ and inserting /,/ and line 41, after /designee/ by inserting /, and one member must be appointed by the South Carolina Association of Counties/.
Amend further, page 1, line 43, by deleting /Association/.
Amend title to conform.
Senator McCONNELL objected to further consideration of the Resolution.
The following Bill was carried over:
H. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT IF PARTICULAR RECORDS OR DOCUMENTS ARE FURNISHED TO A PERSON WITHOUT CHARGE OR AT A REDUCED FEE, THE SAME RECORDS OR DOCUMENTS MUST BE FURNISHED TO ALL PERSONS REQUESTING THEM WITHOUT CHARGE OR AT THAT REDUCED FEE, AND TO PROVIDE THAT IF A FEE OR HIGHER FEE HAS PREVIOUSLY BEEN CHARGED, IT MUST BE REFUNDED TO THE APPROPRIATE PERSON WHO EARLIER WAS CHARGED THE FEE OR HIGHER FEE.
Senator POPE explained the Bill.
(On motion of Senator McCONNELL)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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 Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator WILLIAMS asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion to proceed to a consideration of the amendments on the desk.
Senator DRUMMOND objected.
Senator DRUMMOND argued contra to second reading of the Bill.
S. 1530 -- Judiciary Committee: A BILL TO ENACT "THE OMNIBUS DRUG OFFENSES ACT OF 1990" SO AS TO AMEND SECTION 44-53-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "ICE" OR "CRANK"; TO AMEND SECTION 44-53-370(a), RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE DELIVERY, PURCHASE, OR ATTEMPTED MANUFACTURE, DISTRIBUTION, DISPENSING, DELIVERY, OR PURCHASE AS PROHIBITED ACTS; TO AMEND ITEM (e) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE THE CULTIVATION OR PURCHASE AND ATTEMPTED POSSESSION AS PROHIBITED ACTS; TO AMEND SUBITEM (e)(1) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF ONE HUNDRED TO ONE THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWENTY-FIVE THOUSAND DOLLARS, THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF MORE THAN ONE THOUSAND MARIJUANA PLANTS, BUT LESS THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF FIFTY THOUSAND DOLLARS, AND THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF TEN THOUSAND MARIJUANA PLANTS OR MORE THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A TERM OF IMPRISONMENT OF TWENTY-FIVE TO THIRTY YEARS WITH A MANDATORY MINIMUM TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWO HUNDRED THOUSAND DOLLARS; TO AMEND SECTION 44-53-375, RELATING TO PENALTIES FOR POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE, SO AS TO INCLUDE REFERENCES TO "ICE" AND "CRANK", TO PROHIBIT ATTEMPTED POSSESSION OF THESE SUBSTANCES, AND TO ADD A NEW OFFENSE KNOWN AS "TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE"; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-392 SO AS TO PROVIDE THAT THE TOTAL WEIGHT OF THE SUBSTANCE IN ITS PURE FORM OR AS A MIXTURE IS THE APPROPRIATE WEIGHT TO BE CONSIDERED FOR PURPOSES OF THIS ARTICLE; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A RADIUS OF ONE-HALF MILE OF A SCHOOL, SO AS TO EXPAND THE TERRITORIAL AREA IN WHICH A VIOLATION IS POSSIBLE; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND ITEM (6) OF SECTION 44-53-520(a), AS AMENDED, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES AND THEIR COMPOUNDS, SO AS TO ALLOW FOR THE FORFEITURE OF SUCH CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) OR SECTION 44-53-370(e); TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND CHAPTER 1, TITLE 56, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-745 SO AS TO REQUIRE THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE UPON A CONTROLLED SUBSTANCE CONVICTION UNDER CHAPTER 53 OF TITLE 44 AND TO PERMIT ISSUANCE OF A RESTRICTED TO AND FROM WORK LICENSE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN DRUG-RELATED OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
Senator HOLLAND asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion to make the Bill a Special Order.
Senator McLEOD objected.
Senator DRUMMOND continued arguing contra to second reading of the Bill, H. 4423.
Senator MULLINAX moved under Rule 15A to set a time certain of 1:30 P.M. on Thursday, May 10, 1990, to vote on the entire matter of H. 4423.
A roll call vote was ordered.
Senator SHEALY made a Parliamentary Inquiry as to how many days the Bill had been under debate.
Senator LEATHERMAN made a Parliamentary Inquiry as to whether the motion to set a time certain was made under Rule 15A or Rule 15B.
Senator MULLINAX stated that this motion was made under Rule 15A.
Senator MOORE raised a Point of Order that the issue before the body was the question of whether to set a time certain to vote on the entire matter of H. 4423 and that a roll call vote had been ordered.
The PRESIDENT sustained the Point of Order.
Senator SHEALY renewed his Parliamentary Inquiry as to how many days the Bill had been under debate.
The PRESIDENT stated that the question before the body was whether to set a time certain to vote on the entire matter of H. 4423.
Senator SETZLER raised a Point of Order under Rule 11 that the motion must be in writing.
The PRESIDENT overruled the Point of Order inasmuch as a roll call had been ordered.
The question before the body was whether to set a time certain to vote on the entire matter of H. 4423.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert Hayes Hinds Holland Lindsay Long Lourie Martin Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Pope Russell Saleeby Smith, H.C. Smith, N.W. Stilwell Williams
NAYS
Courson Drummond Giese Helmly Hinson Leatherman Lee Leventis Macaulay Martschink McLeod Passailaigue Peeler Rose Setzler Shealy Smith, J.V. Thomas Wilson
Having failed to receive the necessary vote, the motion failed.
Senator DRUMMOND argued contra to second reading of the Bill.
On motion of Senator WILLIAMS, with unanimous consent, Senator DRUMMOND retaining the floor, the Senate adjourned.
Debate was interrupted by adjournment, Senator DRUMMOND retaining the floor.
On motion of Senator MULLINAX, with unanimous consent, the Senate adjourned out of respect to the memory of James Bartlett Garrison, son of former Senator T. Ed Garrison.
At 1:05 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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Tuesday, June 30, 2009 at 1:19 P.M.