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

Tuesday, March 23, 1993

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, in these moments of theological reflection, hear the words of the psalmist in Psalm 29:
"The voice of the Lord is over the waters;
The God of glory thunders...
The voice of the Lord strikes with flashes
of lightning.
The voice of the Lord shakes the desert;....
And in His temple all cry, `GLORY!'"
Let us pray.

Lord God the Almighty One, we thank you that peace on earth need not be a will-o-the-wisp that constantly tantalizes the inhabitants of this planet.

On behalf of the Serbs, the Bosnians, the Muslims, the Christians, and all their supporters, we pray that the Word may get out that there is an alternative to the slaughter of human beings by human beings, spoken by the prophets, the psalmists, Jesus Christ... and Saint Paul, when he said: (I Cor. 13):
"Yet... shew I unto you a more excellent
way.
Though I speak with the tongues of men
and of angels, and have not charity (love),
I am become as sounding brass, or a
tinkling cymbal."

Amen.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

The Senate resumed.

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

February 24, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Initial Appointment, Member, Commission on Women, with term to expire October 19, 1994:

At-Large:

Maeberta Bobb, Ed.D., 329 Shurley Street, Rock Hill, S.C. 29732 VICE Connie Lee (deceased)

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 1, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointments

Initial Appointment, Member, South Carolina Alcoholic Beverage Control Commission, with term to expire June 30, 1997:

At-Large:

Mr. Robert J. Ivey, 1028 Old Forge Court, Chapin, S.C. 29036 VICE Curtis Wilbur Hodge (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, Member, South Carolina State Ports Authority, with term to expire February 13, 1994:

At-Large:

Mr. Edgar A. Buck, 16 Country Club Drive, Charleston, S.C. 29412 VICE Theodore B. Guerard (resigned)

Referred to the Committee on Transportation.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 2, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointments

Reappointment, Member, Commission on Mental Retardation, with term to expire June 24, 1997:

3rd Congressional District:

Mrs. Emilie Amlund Towler, Post Office Box 1285, Aiken, S.C. 29802

Referred to the Committee on Medical Affairs.

Reappointment, Member, Commission on Women, with term to expire October 18, 1997:

At-Large:

Ms. Susan B. Hoag, 115 Green Valley Drive, Greenville, S.C. 29609

Referred to the General Committee.

Reappointment, Member, Board of Health and Environmental Control, with term to expire June 30, 1997:

At-Large:

Mr. Robert J. Stripling, Jr., President, Phillips Fibers Corporation, Post Office Box 66, Greenville, S.C. 29602

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 4, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1994:

3rd Congressional District:

Mr. Rufus B. Keys, Jr., 117 Blair Road, Belton, S.C. 29627

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 8, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointments

Reappointment, Member, Residential Builders Commission, with term to expire June 30, 1996:

4th Congressional District-Consumer:

Mr. Levis L. Gilstrap, Post Office Box 3525, Greenville, S.C. 29608

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Member, South Carolina Public Railways Commission, with term to expire October 1, 1995:

At-Large:

The Honorable T. Dewey Wise, Post Office Drawer O, Charleston, S.C. 29401 VICE Edgar A. Buck (resigned)

Referred to the Committee on Transportation.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 9, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Reappointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to expire March 17, 1997:

5th Congressional District:

Mr. Joseph P. Hodges, 131 Jordan Street, Bennettsville, S.C. 29512 VICE Mrs. Lee E. Cathcart

Referred to the Committee on Corrections and Penology.

REGULATION RECEIVED

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

Document No. 1624
Promulgated by The Board of Medical Examiners
Requirements for Permanent License
Received by Lt. Governor March 18, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date February 22, 1994

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 1546
Promulgated by Board of Medical Examiners
Criteria for Physician Supervision of Nurses in the Extended Role
Received by Lt. Governor March 12, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Withdrawn and Resubmitted March 22, 1993

Document No. 1602
Promulgated by Board of Chiropractic Examiners
Professional Practices
Received by Lt. Governor December 10, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Withdrawn and Resubmitted March 18, 1993

Message from the House

Columbia, S.C., March 23, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3676 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES, TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED AND PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 572 -- Senator Bryan: A SENATE RESOLUTION CONGRATULATING THE THORNWELL HIGH SCHOOL SAINTS OF LAURENS COUNTY ON WINNING THE 1993 CLASS AA STATE CHAMPIONSHIP IN BOYS BASKETBALL IN THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION.

The Senate Resolution was adopted.

S. 573 -- Senators Bryan, J. Verne Smith and Short: A SENATE RESOLUTION CONGRATULATING THE PRESBYTERIAN COLLEGE BLUE HOSE MEN'S BASKETBALL TEAM ON AN OUTSTANDING 1992-93 SEASON, THE BEST IN THE STATE OF SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 574 -- Senators Washington, Elliott and Greg Smith: A SENATE RESOLUTION DESIGNATING THE MONTH OF MAY, 1993, AS SOUTH CAROLINA TOURISM MONTH WITH SPECIAL OBSERVANCES DURING THE WEEK OF MAY 2-8, 1993, WHICH HAS BEEN DESIGNATED BY CONGRESS AS NATIONAL TOURISM WEEK, AND URGING THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, IN PARTNERSHIP WITH THE STATE'S TOURISM INDUSTRY, TO CONTINUE ITS PROGRAM TO INCREASE TOURISM IN SOUTH CAROLINA, TO CONDUCT RESEARCH ON THE TOURISM INDUSTRY, AND TO REPORT THE PROGRESS OF TRAVEL AND TOURISM BUSINESS PERIODICALLY TO THE GENERAL ASSEMBLY.

The Senate Resolution was adopted.

S. 575 -- Senators Elliott, Greg Smith and Rankin: A SENATE RESOLUTION RECOGNIZING CALVIN GILMORE PRODUCTIONS, LTD., OF MYRTLE BEACH FOR ITS CONTRIBUTIONS TO THE TOURISM INDUSTRY OF THE GRAND STRAND AND OF THE STATE, AND CONGRATULATING THIS OUTSTANDING COMPANY FOR WINNING THE PRESTIGIOUS GOVERNOR'S CUP AWARD AS THE MOST OUTSTANDING TOURISM ATTRACTION OF 1992.

The Senate Resolution was adopted.

S. 576 -- Senator Jackson: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S AND WOMEN'S BASKETBALL TEAMS OF BENEDICT COLLEGE ON THEIR EXCELLENT SEASONS AND COACHES WILLIE WASHINGTON AND MARGARET ENGLISH JONES FOR BEING NAMED EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE (EIAC) COACHES OF THE YEAR FOR THEIR RESPECTIVE TEAMS.

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

S. 577 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-43-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM AND EQUITABLE PROPERTY TAX ASSESSMENTS, SO AS TO REQUIRE THE TAX COMMISSION TO DIVIDE COUNTIES INTO THREE APPROXIMATELY EQUAL ASSESSMENT SUBDIVISIONS BASED ON THE NUMBER OF TAXABLE PARCELS, TO REQUIRE ANNUAL ROTATING REASSESSMENT OF EACH SUBDIVISION AND THE EQUALIZATION OF VALUE IN THE OTHER SUBDIVISIONS, TO REQUIRE ALL PARCELS IN THE REASSESSED SUBDIVISION TO BE REVIEWED PHYSICALLY, TO PROVIDE FOR THE WITHHOLDING OF A PORTION OF STATE AID TO SUBDIVISION FUNDS TO A COUNTY NOT IN COMPLIANCE, AND TO REQUIRE THE TAX COMMISSION TO CONDUCT A STUDY ON THE PERSONNEL NEEDS OF COUNTY ASSESSORS TO IMPLEMENT THIS AMENDMENT SCHEDULE.

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

S. 578 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.

Read the first time and referred to the General Committee.

S. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.

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

S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND SECTION 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.

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

S. 581 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN HONORABLY DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER SUCH DISCHARGE OR SEPARATION FROM SERVICE UP TO 5:00 P.M. ON THE DAY OF THE ELECTION; AND TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTORS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS, PERSONS SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY, AND PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER MAY VOTE BY ABSENTEE BALLOT.

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

S. 582 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-157, 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. 583 -- Senator Giese: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, BY ADDING SECTION 58-12-140 SO AS TO PROVIDE THAT A CABLE TELEVISION COMPANY MAY NOT CHARGE A PENALTY FOR A LATE PAYMENT WHEN THE COMPANY BILLS AND COLLECTS ITS MONTHLY CHARGE FOR SERVICES IN ADVANCE, AND PROVIDE A FINE FOR EACH VIOLATION.

Senator GIESE spoke on the Bill.

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

S. 584 -- Senators Williams, Jackson and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-90 TO ENACT THE "PREGNANCY INFORMATION ACT OF 1993" SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PUBLISH AND MAKE AVAILABLE MATERIALS TO ASSIST WOMEN IN MAKING INFORMED DECISIONS REGARDING CHILDBIRTH, ADOPTION, AND ABORTION AND TO PROVIDE FOR THE CONTENT OF THESE MATERIALS; TO AMEND SECTION 44-41-37, AS AMENDED, RELATING TO DISCLOSURE OF INFORMATION AND CONTENTS OF BROCHURES REQUIRED WHEN COUNSELING A PREGNANT MINOR, SO AS TO PROVIDE THAT MATERIAL PROVIDED FOR IN SECTION 44-41-90 MUST BE MADE AVAILABLE TO MINORS AND TO DELETE THE REQUIREMENTS FOR CONTENTS OF THE BROCHURE; AND TO AMEND SECTION 59-32-30, RELATING TO GUIDELINES FOR LOCAL SCHOOL BOARD IMPLEMENTATION OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO DELETE PROVISIONS RELATING TO THE PROHIBITION AGAINST PROVIDING ABORTION COUNSELING OR INFORMATION.

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

S. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.

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

S. 586 -- Senators Russell, Courtney and Reese: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE TO MRS. FANNIE LOUISE VERMONT HOLCOMBE OF SPARTANBURG IN SPARTANBURG COUNTY ON BEING NAMED SOUTH CAROLINA'S 1993 MOTHER OF THE YEAR.

The Senate Resolution was adopted.

S. 587 -- Senators Williams, Jackson, Glover, Mescher, Patterson, Cork, Land, Ford, Short, Greg Smith, McGill, Rankin, Washington and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 TO TITLE 44, SO AS TO PROHIBIT ANY PERSON FROM KNOWINGLY AND WILFULLY ENGAGING IN HARASSMENT INTENDED TO PREVENT OR DETER ANOTHER PERSON FROM, OR PUNISH HIM FOR, PROVIDING OR RECEIVING LAWFUL MEDICAL SERVICES; BY ADDING SECTION 16-5-135, SO AS TO PROHIBIT A PERSON FROM INTENTIONALLY PREVENTING AN INDIVIDUAL FROM ENTERING OR EXITING A MEDICAL FACILITY; BY ADDING SECTION 16-23-425, SO AS TO PROHIBIT A PERSON FROM CARRYING INTO A MEDICAL FACILITY A FIREARM OR OTHER WEAPON AND TO PROVIDE EXCEPTIONS TO THIS PROHIBITION; TO AMEND SECTION 16-3-1070(B), RELATING TO THE CRIME OF STALKING, SO AS TO PROHIBIT TWO OR MORE PERSONS ACTING IN CONCERT FROM ENGAGING IN THE CRIME OF STALKING; TO AMEND SECTION 16-5-10, RELATING TO CONSPIRACY AGAINST CIVIL RIGHTS, SO AS TO INCLUDE IN THE SECTION THE RIGHT TO PERFORM OR OBTAIN A LAWFUL ABORTION; TO AMEND SECTION 16-7-160, RELATING TO THE ILLEGAL USE OF STINK BOMBS OR OTHER DEVICES CONTAINING FOUL OR OFFENSIVE ODORS, SO AS TO PROHIBIT SIMILAR SUBSTANCES USED ILLEGALLY AND TO PROHIBIT THE USE OF SUCH SUBSTANCES AND DEVICES AT ANY MEDICAL FACILITY AS DEFINED IN SECTION 16-5-135; AND TO AMEND SECTION 44-41-60, RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN ABORTION REPORTS SUBMITTED TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROHIBIT THE DEPARTMENT FROM RELEASING TO MEMBERS OF THE PUBLIC THE NAME OF THE REPORTING PHYSICIAN AND THE FACILITY IN WHICH THE ABORTION WAS PERFORMED.

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

H. 3751 -- Reps. Harvin, G. Brown, Neal and McLeod: A CONCURRENT RESOLUTION RECOGNIZING THE ACHIEVEMENTS OF THE LATE HUBERT D. OSTEEN, SR., OF SUMTER COUNTY UPON HIS INDUCTION INTO THE SOUTH CAROLINA PRESS ASSOCIATION'S HALL OF FAME.

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

H. 3752 -- Reps. Harvin and D. Smith: A CONCURRENT RESOLUTION CONGRATULATING ROGER MILLIKEN, CHAIRMAN OF THE BOARD AND CHIEF EXECUTIVE OFFICER OF MILLIKEN & COMPANY IN SPARTANBURG, ON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.

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

REPORTS OF STANDING COMMITTEE

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3053 -- Rep. Keyserling: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3115 -- Reps. T.C. Alexander, Snow, Riser and Witherspoon: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA REQUIRED FOR THE PUBLIC ASSEMBLY OF HORSES, SO AS TO REVISE THE TIME PERIOD DURING WHICH CERTAIN TESTS MUST BE CONDUCTED, AND TO PROVIDE THAT THE COGGINS TEST FOR EQUINE INFECTIOUS ANEMIA, WHETHER ADMINISTERED WITHIN OR WITHOUT THIS STATE, IS REQUIRED TO BE ADMINISTERED ONLY ONCE A YEAR TO ANY HORSE OR ANIMAL REGARDLESS OF THE NUMBER OF TIMES THE ANIMAL IS SHOWN, SOLD, EXHIBITED, OR HOUSED IN A PUBLIC STABLE OR PLACE IN THIS STATE DURING THAT YEAR.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 3414 -- Reps. Farr, McCraw, Neilson, Boan, Rhoad, Phillips, Waldrop, McAbee, Stoddard, D. Wilder and Carnell: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ACT AS MAY BE NECESSARY TO AVOID THE CLOSING OF DEPARTMENT OF AGRICULTURE OFFICES WHERE THE IMPACT OF SUCH CLOSINGS ON RURAL COUNTIES WOULD BE DETRIMENTAL.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 564 -- Senator O'Dell: A CONCURRENT RESOLUTION TO COMMEND W. C. HUNTER OF BELTON, SOUTH CAROLINA FOR HIS DEDICATION TO PERSONS WITH DISABILITIES AND IN CONCEIVING AND IMPLEMENTING THE "BUCK-A-CUP MEANS BRACE-A-CHILD" SLOGAN.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 402 -- Senator Land: A BILL TO AMEND SECTION 56-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON CONVICTION FOR VIOLATION OF THIS SECTION COURT COSTS MAY BE WAIVED AND NO POINTS MAY BE ASSESSED FOR DRIVING RECORD OR INSURANCE PURPOSES.

S. 306 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE TAX NOTICES, SO AS TO REQUIRE SUCH NOTICES TO INCLUDE A STATEMENT THAT A DAMAGED OR HIGH MILEAGE VEHICLE MAY BE ELIGIBLE FOR A LOWER ASSESSMENT.

S. 229 -- Senator Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS.

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

Senator MOORE proposed the following amendment (3013R001.TLM), which was adopted:

Amend the bill, as and if amended, page 2, line 12, by striking /share of the budget/ and inserting in lieu thereof the following:

/population/.

Amend title to conform.

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

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

S. 486 -- Senator Passailaigue: A BILL TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT A RETAILER IN THE UNINCORPORATED AREA OF THE COUNTY MAKING DELIVERIES IN MUNICIPALITIES IN THE COUNTY DOES NOT HAVE TO REPORT SUCH SALES SEPARATELY.

Senator PASSAILAIGUE explained the Bill.

S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.

S. 514 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT.

Senator GREG SMITH explained the Bill.

H. 3200 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

H. 3563 -- 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 DELETE THE REQUIREMENT FOR THE HUNTING OF RACCOON IN GAME ZONE 11 TO BE AT NIGHT.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.

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 Fish, Game and Forestry Committee proposed the following amendment (N05\7039BD.93), which was adopted:

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

"SECTION 1. Section 50-11-310 of the 1976 Code, as last amended by Act 316 of 1992, is further amended to read:

"Section 50-11-310. (A) The open season for taking antlered deer is:

(1) As set by the commission between the dates of October first and January first in Game Zones 1, 2, and 4: as set by the commission between October first and January first. The commission may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones.;

(2) In Game Zone 5, antlered deer may be taken from: September fifteenth through January first.;

(3) In Game Zone 7,: by bow and arrow from September first through January first and with firearms from September fifteenth through January first.;

(4) In Game Zone 8, from September first through January first.

(5)(4) In Game Zone Zones 8 and 9, antlered deer from: August fifteenth to August thirty-first with bow and arrow only; antlered deer from and September first through January first with firearms and. Antlerless deer from may be taken December fifteenth through January first with bow and arrow only.;

(6)(5) In Game Zone 10, from: September first through January first with bow and arrow only. Antlered deer may be taken and with firearms from September fifteenth through January first.

(7)(B) Except as provided above in subsection (A), the season for taking antlered deer is from August fifteenth through January first.

(8)(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer./

Amend title to conform.

Senator LAND explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

MOTION ADOPTED

H. 3510 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (LITTLE PEE DEE RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator ELLIOTT, with unanimous consent, notice of general amendments was given on the Joint Resolution (H. 3510).

ADOPTED

H. 3625 -- Reps. J. Harris, H. Brown and Spearman: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT ASSEMBLY OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 28, 1993, AT 12:00 NOON, AND RECOGNIZING AND COMMENDING THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN THE PALMETTO STATE.

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

AMENDED, ADOPTED

S. 509 -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE COMMITTEE HEARING ROOMS IN THE GRESSETTE BUILDING ON THURSDAY, DECEMBER 2, 1993, AND FRIDAY, DECEMBER 3, 1993, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.

The Invitations Committee proposed the following amendment (509R001.JEC), which was adopted:

Amend the Senate Resolution, as and if amended, page 1, line 40, by inserting after the words "Gressette Building" the following:

/ in accordance with Senate Rule 36 /

Amend the Senate Resolution further, as and if amended, page 1, line 42, by inserting after the word "program.", the following:

/ If the Senate is in statewide session, the Senate Chamber may not be used. /

Amend title to conform.

There being no further amendments, the Senate Resolution was adopted.

AMENDED, ADOPTED

H. 3624 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 18, 1993, FOR ITS ANNUAL STATE HOUSE MEETING.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

The Invitations Committee proposed the following amendment (3624R001.JC), which was adopted:

Amend the Concurrent Resolution, as and if amended, page 1, line 19, by inserting after the word "Senate" the following:

/ , in accordance with Senate Rule 36, /

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

OBJECTION

H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 1:00 P.M. ON WEDNESDAY, MARCH 24, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.

The Senate proceeded to a consideration of the Resolution.

Senator McCONNELL objected to consideration of the Resolution.

CARRIED OVER

S. 512 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR CERTAIN PRIVATE PONDS, SO AS TO ALLOW FOR THE LICENSING OF CERTAIN FISHING FACILITIES IN LIEU OF INDIVIDUAL LICENSES.

Senator GREG SMITH explained the Bill.

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

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

S. 208 -- Senators Hayes, Ryberg, Wilson, Russell, J. Verne Smith, Drummond, Martin, Thomas and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO FURTHER REGULATE COIN-OPERATED MACHINES AND DEVICES LICENSED UNDER THE PROVISIONS OF SECTION 12-21-2720; TO REPEAL, EFFECTIVE JULY 1, 1994, SECTION 16-19-60 RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.

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

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was carried over.

READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 184 -- Senators Stilwell, Bryan, Washington, Hayes and Waldrep: A BILL TO AMEND SECTION 23-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF THE ELECTION OF SHERIFFS, SO AS TO PROVIDE THAT SHERIFFS MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE TIME OF THE GENERAL ELECTION; TO REQUIRE A SPECIAL ELECTION TO FILL A VACANCY FOR SHERIFF TO BE A NONPARTISAN ELECTION; TO PROVIDE FOR NOMINATION BY PETITIONS AND THE METHOD OF DECLARING THE RESULT; TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR SHERIFF; AND TO PROVIDE A PENALTY FOR VIOLATIONS.

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

Senator STILWELL spoke on the Bill.

OBJECTION

Senator STILWELL asked unanimous consent to make a motion that the Bill be given a second reading, with notice of general amendments on third reading.

Senator WILSON objected.

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

MOTION TO CARRY OVER RECONSIDERED

MADE INTERRUPTED DEBATE

S. 208 -- Senators Hayes, Ryberg, Wilson, Russell, J. Verne Smith, Drummond, Martin, Thomas and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO FURTHER REGULATE COIN-OPERATED MACHINES AND DEVICES LICENSED UNDER THE PROVISIONS OF SECTION 12-21-2720; TO REPEAL, EFFECTIVE JULY 1, 1994, SECTION 16-19-60 RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.

Having voted on the prevailing side, Senator DRUMMOND moved to reconsider the vote whereby the Bill was carried over.

The Senate reconsidered the vote whereby the Bill was carried over.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was placed in the status of Interrupted Debate.

ADJOURNMENT

At 12:59 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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