South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Tuesday, March 26, 1991

(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 words recently read around the world... recorded by St. Matthew (21:9):

"And the crowds that went before Him,

and that followed Him shouted,

`Hosanna to the Son of David!

Blessed is He who comes in the

Name of the Lord!

Hosanna in the highest!'"
Let us pray.

O Lord our God, we remember with some degree of cynicism that the crowds that shouted `Hosanna' on Palm Sunday were some of the same that cried `Crucify Him' on Good Friday.

Help us to understand that our God has ways of vetoing and overcoming the fickleness of the crowds.

May we, with the coming of each new day, receive the Royal Presence of our Living Lord with open hearts... and with the palm branches of personal devotion... and the garlands of committed lives.

For Thine is the Kingdom and the Power... and the Glory.

Amen.

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

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

March 8, 1991
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Appointment, Member, South Carolina Public Railways Commissioner, At-Large, with term to expire on November 1, 1995:

Mr. Patrick Lee Baughman, Sr., 8 South Calibogue Cay, Hilton Head Island, South Carolina 29928 VICE J. Mullins McLeod

Referred to the Committee on Transportation.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1192
Promulgated By Health and Environmental Control
Standards for Licensing Community Residential Care Facilities
Received By Lt. Governor June 25, 1990
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 7, 1991
Withdrawn and resubmitted March 21, 1991

REGULATIONS RECEIVED

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

Document No. 1359
Promulgated By Department of Health and Environmental Control
Standards for Licensing Habilitation Centers for the Mentally Retarded or Persons with Related Conditions
Received By Lt. Governor March 21, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date July 20, 1991

Document No. 1374
Promulgated By Department of Health and Environmental Control
Infectious Waste Management
Received By Lt. Governor March 26, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date July 24, 1991

Document No. 1376
Promulgated By Department of Health and Environmental Control
Tanning Facilities
Received By Lt. Governor March 26, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date July 24, 1991

Document No. 1381
Promulgated By Department of Health and Environmental Control
Classified Waters (Ashley River)
Received By Lt. Governor March 26, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date July 24, 1991

Doctor Of The Day

Senator STILWELL introduced Dr. Woodrow Long of Greenville, S.C., Doctor of the Day.

Leave Of Absence

On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.

Point Of Privilege

Senator THOMAS rose to a Point of Privilege.

MOTION ADOPTED

On motion of Senator WILLIAMS, with unanimous consent, the Senate staff was granted a holiday on Good Friday, March 29, 1991.

HOUSE CONCURRENCE

S. 800 -- Senator Drummond: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. VICTOR G. BURRELL, JR., OF CHARLESTON COUNTY FOR HIS DEDICATED AND OUTSTANDING SERVICE AS DIRECTOR OF THE MARINE RESOURCES RESEARCH INSTITUTE OF THE DIVISION OF MARINE RESOURCES, SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT, AND EXTENDING HIM BEST WISHES FOR HAPPINESS UPON HIS RETIREMENT.

Returned with concurrence.

Received as information.

CONCURRENCE RECONSIDERED

CARRIED OVER

S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.

On motion of Senator BRYAN, the vote whereby the Senate concurred in the House amendments was reconsidered.

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

THIRD READING RECONSIDERED

AMENDED AND READ

H. 3618 -- Reps. L. Elliott and Harwell: A BILL TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.

On motion of Senator McGILL, the vote whereby the Bill was read the third time, was reconsidered.

Senator McGILL proposed the following amendment to H. 3618 (BR1\1417.AC):

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

/SECTION 1. Notwithstanding any other provision of law, the Board of Commissioners of the Marion County Hospital District shall consist of nine members appointed by the Governor upon the recommendation of the majority of the Marion County Legislative Delegation. The terms of the members are for four years and until their successors are appointed and qualify. A commissioner may not serve more than two consecutive terms but is eligible for reappointment one year after the expiration of his last term.

When a vacancy occurs, the board may make recommendations to the Marion County Legislative Delegation for a person or persons qualified to fill the vacancy for the remainder of the unexpired term.

SECTION 2. The commissioners serving on the Board of Commissioners of the Marion County Hospital District on this act's effective date continue to serve until July 1, 1991, and until their successors are appointed and qualify as provided for in this act. Terms for the commissioners established by this act begin July 1, 1991, and are for four years except for the initial appointments which must be for staggered terms. Two commissioners shall serve for one year; two commissioners shall serve for two years; two commissioners shall serve for three years; and three commissioners shall serve for four years. In making these initial appointments, the delegation shall designate the length of the initial term for each commissioner.

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

Amend title to conform.

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

OBJECTION

S. 393 -- Senators Martschink, Shealy and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.

Senator SETZLER asked unanimous consent to make a motion that the Bill be recalled from the Committee on Education.

Senator MARTSCHINK objected.

OBJECTION

S. 394 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 6 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE REQUIREMENT THAT SENATORS ADDRESS THE PRESIDENT AND THE APPROPRIATE PLACE FOR A SENATOR TO STAND WHILE ADDRESSING THE SENATE, SO AS TO PROVIDE THAT NO SENATOR MAY INTERRUPT ANOTHER SENATOR IN DEBATE WITHOUT THE SENATOR'S CONSENT, TO PROHIBIT IMPUTING UNWORTHY CONDUCT OR MOTIVES TO ANOTHER SENATOR, AND TO PROHIBIT ANY REMARKS OFFENSIVE TO ANY COUNTY OR MUNICIPALITY.

Senator SETZLER asked unanimous consent to make a motion that the Bill be recalled from the Committee on Education.

Senator MARTSCHINK objected.

RECALLED, AMENDED AND READ

H. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.

On motion of Senator McGILL, with unanimous consent, the Bill was recalled from the Committee on Fish, Game and Forestry.

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

Senator McGILL proposed the following amendment (RES 3120.001), which was adopted:

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

/SECTION 1. Chapter 11, Title 50 of the 1976 Code is amended by adding:

"Section 50-11-706. (A) In Game Zones No. 9 and No. 10 the use of artificial lights from any vehicle or water conveyance for the purpose of observing or harassing wildlife is unlawful. However, this section does not prohibit an owner of real property or a person with a legal interest therein from the use of artificial lights from any vehicle or water conveyance for the purpose of surveying or protecting his property.

(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(C) Nothing in this section may be construed to prohibit the lawful hunting of raccoon and fox."/

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 806 -- Senator McGill: A CONCURRENT RESOLUTION DECLARING APRIL 28, 1991, AS "WORKERS' MEMORIAL DAY" IN TRIBUTE TO THE WORKING MEN AND WOMEN WHO HAVE LOST THEIR LIVES BECAUSE OF WORKPLACE INJURIES AND ILLNESSES.

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

S. 807 -- Senator Drummond: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 14, 1991, AND SATURDAY, JUNE 15, 1991.

Be it resolved by the Senate, the House of Representatives concurring:

That the Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Friday, June 14, 1991, from 2:00 p.m. to 4:30 p.m., and on Saturday, June 15, 1991, from 9:00 a.m. to 11:30 a.m. for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

Referred to the Committee on Invitations.

S. 808 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-65 SO AS TO PROVIDE THAT DAMAGE TO A PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID OF AN INJURED EMPLOYEE AS THE RESULT OF AN INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT ENTITLES THE EMPLOYEE TO COMPENSATION ENSURING THAT THE PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID IS REPAIRED OR REPLACED.

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

S. 809 -- Senator Drummond: A BILL TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.

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

S. 811 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 812 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO GUIDELINES FOR OPERATION OF COSMETOLOGY SCHOOLS AND PROGRAMS IN PUBLIC SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1367, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 813 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO RULES REGARDING CHARITABLE AND NONPROFIT EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 814 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD (DIVISION OF STATE FIRE MARSHAL), RELATING TO FIRE AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1379, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3718 -- Spartanburg Delegation: A CONCURRENT RESOLUTION CONGRATULATING SHAWN GRAVES OF WOFFORD COLLEGE UPON BEING NAMED SOUTH CAROLINA AMATEUR ATHLETE OF THE YEAR.

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

H. 3729 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING RICHARD L. GORRELL OF ANDERSON COUNTY FOR HIS FINE WORK AS ASSOCIATE EDITOR OF THE ANDERSON INDEPENDENT-MAIL AND WISHING HIM HAPPINESS IN HIS RETIREMENT.

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

H. 3730 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE CONGREGATION OF TEMPLE BETH ELOHIM IN CHARLESTON UPON THE CELEBRATION OF THEIR 150TH ANNIVERSARY OF THE SANCTUARY'S DEDICATION.

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

H. 3049 -- Rep. Keegan: A BILL TO AMEND SECTION 56-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER "SOLD" CARDS ON VEHICLES, SO AS TO REQUIRE DEALERS TO AFFIX A CARD ON A SOLD VEHICLE AND TO REQUIRE CERTAIN IDENTIFYING INFORMATION ON THE CARD.

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

H. 3449 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 40-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO REGULATE THE PRACTICE OF FUNERAL SERVICE AND TO REQUIRE CONTINUING EDUCATION FOR LICENSEES, SO AS TO EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENT PERSONS LICENSED TWENTY OR MORE YEARS, TO DELETE SURPLUS LANGUAGE, AND TO EXEMPT ALL LICENSEES FROM THE CONTINUING EDUCATION REQUIREMENT UNTIL THE BOARD OFFERS CORRESPONDENCE CONTINUING EDUCATION COURSES.

Read the first time and referred to the General Committee.

REPORTS OF STANDING COMMITTEE

Invitations Accepted

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

An invitation from the Independent Consumer Finance Association to attend a reception on April 2, 1991, from 6:00 - 8:00 P.M. at the Townhouse.

The invitation was accepted.

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

An invitation from the S.C. School for the Deaf and Blind to attend a luncheon on April 3, 1991, beginning at 11:00 A.M. or upon adjournment in #208 of the Blatt Building.

The invitation was accepted.

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

An invitation from C.E.S.C. and S.C.S.P.E. to attend a reception on April 3, 1991, from 6:00 - 8:00 P.M. at the Columbia Museum of Art.

The invitation was accepted.

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

An invitation from the Association of Carolina Shag Clubs to attend a celebration on April 3, 1991, beginning at 8:00 P.M. at Beau's.

The invitation was accepted.

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

An invitation from Carolina Alumnae to attend a reception on April 9, 1991, from 6:00 - 8:00 P.M. at the President's House, located on the U.S.C. Horseshoe.

The invitation was accepted.

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

An invitation from PRT to attend a reception on April 10, 1991, from 8:00 - 10:00 P.M., at the Columbia Marriott.

The invitation was accepted.

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

THIRD READING BILLS

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

S. 221 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ADDITIONAL COMMITTEE MEMBERS WHEN MEMBERS OF THE JUDICIARY ARE ELECTED.

S. 289 -- Senators Hinds and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1515 SO AS TO REQUIRE THE COURT OR, IF THE JUDGE IS NOT IMMEDIATELY AVAILABLE, THE CLERK OF COURT, UPON PRESENTATION OF A VERIFIED PETITION, TO ISSUE A RULE TO SHOW CAUSE CONCERNING THE VIOLATION OF A FAMILY COURT ORDER.

S. 290 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:

S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.

H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.

S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.

Senator MOORE spoke on the Bill.

SECOND READING BILLS

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

S. 616 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES TO PERMANENTLY AND TOTALLY DISABLED VETERANS, SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS, THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS, OR A COUNTY VETERANS' AFFAIRS OFFICER TO ISSUE AN IDENTIFICATION CARD TO THESE VETERANS TO BE USED AS A HUNTING AND FISHING LICENSE.

S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.

H. 3369 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REQUIRE THE HUNTING OF RACCOON IN GAME ZONE 11 AT NIGHT AND DEFINE NIGHT.

H. 3641 -- Rep. Harvin: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.

H. 3700 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.

Amended And Read

S. 648 -- Senator Holland: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE USE OF LIGHTS TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 2, SO AS TO EXTEND THE PROHIBITION TO GAME ZONES 1, 4, AND 5; AND TO REPEAL SECTIONS 50-11-703 AND 50-11-704 RELATING TO OBSERVING OR HARASSING WILDLIFE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The amendment proposed by the Committee on Fish, Game and Forestry (436\11419.DW) was adopted as follows:

Amend the bill, as and if amended, in Section 50-11-705 of the 1976 Code, as contained in SECTION 1, page 1, line 25, by striking /1,/ and on line 26 by striking /,4,/ so that when amended Section 50-11-705 shall read:

/Section 50-11-705. (A) In Game Zone Zones No. 2 and 5 the use of artificial lights from any a vehicle or water conveyance for the purpose of observing or harassing to observe or harass wildlife is unlawful.

(B) Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.

(C) Nothing in this section may be construed to prohibit prohibits the lawful hunting of raccoon and fox./

Amend title to conform.

Senator LAND explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

AMENDED AND READ

H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The amendment proposed by the Committee on Fish, Game and Forestry (RES.3349.001) was adopted as follows:

Amend the bill, as and if amended, page 2, line 14, SECTION 1, Section 50-17-520, by striking /fifteen/ and inserting /ten/.

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

OBJECTION

S. 756 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-375 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, COAT, VEST, OR OTHER OUTER GARMENT WITH THE SOLID, VISIBLE COLOR OF INTERNATIONAL ORANGE.

Senator HINDS objected to further consideration of the Bill.

OBJECTION

H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.

Senator POPE asked unanimous consent to take the Bill up for immediate consideration.

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

Senator POPE explained the Bill.

Senator SHEALY objected to further consideration of the Bill.

OBJECTION

H. 3533 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO LAKE MURRAY - DAILY CREEL AND SIZE LIMIT OF STRIPED BASS (ROCKFISH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1314, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator POPE objected to further consideration of the Bill.

ADOPTED

H. 3222 -- Reps. Harvin, McLeod, Littlejohn, McElveen, H. Brown, Quinn, Vaughn and McCraw: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO REPEAL A RECREATIONAL BOATING "USER FEE" WHICH RECENTLY WAS ADOPTED.

The Concurrent Resolution was adopted, ordered returned to the House.

CARRIED OVER

S. 662 -- Senator Waddell: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, AMENDMENT PROPOSED,

DEBATE INTERRUPTED

S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.

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

Senator WILLIAMS spoke on the Bill.

Amendment No. 3

Senator PASSAILAIGUE proposed the following Amendment No. 3 (RES708.207), which was adopted:

Amend the bill, as and if amended, page 51, SECTION 3, after line 9, by adding a new section to read as follows:

/Section 7-27-735. No person who has been awarded a state contract, other than contracts awarded through state competitive bidding practices, may make a contribution after the awarding of the contract or invest in a financial venture in which an elective official has an interest if that official was in a position to act on the contract's award. No elective official or public employee may solicit campaign contributions or investments in exchange for the prior award of a state contract or the promise of a state contract./

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

/SECTION . Notwithstanding any other provisions of this act, Section 7-27-735 takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

The amendment was adopted.

Amendment No. 11

Senators McCONNELL, PEELER and ROSE proposed the following Amendment No. 11 (JUD708.234), which was adopted:

Amend the bill, as and if amended, page 76, line 35, SECTION 5, Section 8-13-20(13), by inserting after the word /employed./ the following:

/Governmental entity also means any charitable organization or foundation which is associated with a state educational institution and which is organized to raise funds for the academic, educational, research, or building programs of a college or university./

Renumber sections to conform.

Amend title to conform.

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

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 12

Senators BRYAN and THOMAS proposed the following Amendment No. 12 (JUD708.92):

Amend the bill, as and if amended, page 44, after line 37, in Section 7-27-410, as contained in SECTION 3, by adding an appropriately numbered subsection:
/"( ) For each primary election, a candidate committee shall not accept contributions exceeding an amount equal to fifty cents per individual per district which the candidate would represent. For each primary runoff election, a candidate committee shall not accept contributions exceeding an amount equal to twenty-five cents per individual per district which the candidate would represent. For each general election, a candidate committee shall not accept contributions exceeding an amount equal to fifty cents per individual per district which the candidate would represent. Any amounts not expended for the primary election may be carried over to the primary runoff election or to the general election. Any amounts not expended for the primary runoff election may be carried over to the general election. A candidate committee shall return the amount of any contributions exceeding the limits stated in this subsection to the contributors."/

Renumber remaining subsections to conform.

Amend title to conform.

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

On motion of Senator WILLIAMS, with unanimous consent, debate was interrupted by adjournment, Senator BRYAN retaining the floor.

ADJOURNMENT

At 1:22 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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