Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, we thank You for the glory of this day which has come from Your good and benevolent hand. We pause in these moments of prayer seeking strength for that which lies ahead, wisdom for decisions to be made, and confidence to stand for what is right and true.
We thank You for work to do and for the challenge to do it, for courage to meet trials and temptations and for the assurance that we live in Your presence. Help us to banish all worry and fear, all fretting and complaining, all malice and ill will. Sustain us with faith, hope and charity.
Make us strong in the words of the Psalmist: "God is our Refuge and strength, a very present help in trouble" (Psalm 46:1). Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 23, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, Fielding and Stilwell of the Committee of Conference on the part of the Senate on S. 1238:
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
Very respectfully,
President
No. 131
Received as information.
The following was received.
Columbia, S.C., May 23, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Lee and Holland of the Committee of Free Conference on the part of the Senate on H. 3028:
H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.
Very respectfully,
President
No. 133
Received as information.
The following was received.
Columbia, S.C., May 23, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Patterson and Lee of the Committee of Free Conference on the part of the Senate on H. 4476:
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.
Very respectfully,
President
No. 132
Received as information.
The following was received.
May 23, 1990
Honorable Robert J. Sheheen
Speaker
S.C. House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker:
Please be advised that I am resigning my seat in the House of Representatives effective 2:00 p.m., Monday, May 28, 1990. As you are aware, I have recently been elected to a position on the South Carolina Circuit Court from the Seventh Judicial Circuit. I cannot express to you in words how proud I am to have served under your most efficient leadership during my period in the House of Representatives.
Again, thank you for your help, your perseverance and most of all your friendship.
With kind personal regards, I remain.
Yours truly,
TEE FERGUSON
House District 31
Received as information.
The following was received.
Columbia, S.C., May 23, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4780:
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.
Very respectfully,
President
No. 133
Received as information.
Rep. BLANDING, from the Sumter Delegation, submitted a favorable report, with amendments, on:
H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 BY ESTABLISHING SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 GENERAL ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.
On motion of Rep. BLANDING, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 BY ESTABLISHING SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 GENERAL ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.
Rep. BLANDING proposed the following Amendment No. 1 (Doc. No. 1615o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Beginning with the 1992 general election, the Board of School Trustees of Sumter School District 17 consists of seven members elected in the manner specified in this act. One member of the board must be a resident of and elected from each of the seven defined single-member election districts established in Section 2. The members of the board shall elect a chairman and other officers they consider necessary to serve terms of one year each in these capacities. Any member may be reelected to an office of the board. The seven members of the board shall serve and are elected for terms of office of four years each; however, the four members elected in 1992 who receive the highest number of the votes cast shall serve initial terms of four years each, and the other three members elected in 1992 shall serve initial terms of two years each. Their successors must be elected at the general election every two or four years thereafter, respectively, as the case may be, for terms of four years each. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within twelve months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or a full term, as appropriate, at the next regular election.
Each member of the board must be elected by the qualified electors of that election district.
The current members of the board shall continue to serve in office until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire.
SECTION 2. The seven defined single-member election districts are as follows:
District and Population Variance
Composition of District
District 1
Sumter City,
Tract 8,
BG 1 0
BG 2 2,130
BG 3 2,222
Tract 9
BG 1 707
Mulberry CDP,
Tract 7,
BG 2 597
BG 3 235
Tract 8,
BG 1 856
6,747 +4.17%
District 2
South Sumter CDP,
Tract 11,
BG 4 207
Tract 16,
BG 1 701
BG 2 475
BG 3 1,263
BG 4 712
BG 5 1,598
Sumter Div.,
Tract 11,
BG 5 848
BG 6 258
Sumter Southeast Div.,
Tract 6,
BG 1 141
6,203 -4.23%
District 3
Sumter City,
Tract 10,
BG 2 601
Tract 11,
BG 2 18
BG 3 318
BG 4 68
BG 5 519
Tract 12
BG 1 68
BG 2 56
BG 3 169
Tract 13
BG 3 747
Tract 14
BG 1 102
Tract 15
BG 1 624
BG 2 864
South Sumter CDP,
Tract 13,
BG 3 105
Tract 14,
BG 1 329
BG 2 158
Tract 15,
BG 1 126
BG 2 818
BG 3 570
6,260 -3.35%
District 4
Sumter City
Tract 17.01,
BG 2 513
Tract 17.02,
BG 1 180
Millwood CDP,
Tract 17.01,
BG 2 1,439
Sumter Southwest CDP,
Tract 17.02,
BG 1 4,075
6,207 -4.17%
District 5
Sumter City
Tract 7,
BG 3 1,502
BG 4 1,681
Tract 10,
BG 1 596
East Sumter CDP,
Tract 11,
BG 1 830
BG 2 960
Sumter Div.,
Tract 7,
BG 1 695
BG 2 191
BG 3 29
BG 4 36
Tract 11,
BG 1 278
ED 450 16
6,814 +5.20%
District 6
Sumter City,
Tract 9,
BG 2 1,114
BG 3 739
BG 8 210
Tract 10,
BG 3 1,499
BG 4 928
Tract 13,
BG 1 1,503
BG 2 765
Sumter Div.,
Tract 9,
BG 3 0
6,758 +4.34%
District 7
Sumter City,
Tract 9,
BG 4 2,892
BG 5 581
BG 6 586
BG 7 0
Tract 17.01,
BG 1 388
Shaw-Horatio Div.,
Tract 18.02,
BG 1 87
Sumter North Div.,
Tract 4,
BG 2 36
Sumter Div.,
Tract 9,
BG 4 580
BG 5 285
BG 6 0
BG 7 71
Tract 17.01,
BG 1 515
Tract 17.02,
BG 1 332
6,353 -.91%
SECTION 3. After the members elected in 1992 qualify and take office, if a member of the board moves his residence from the single-member election district from which he was elected, his office becomes vacant automatically.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 912 -- Senator Waddell: A BILL TO REPEAL SECTION 50-17-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME CONSTRAINTS FOR APPLYING FOR LICENSES RELATING TO TRAWLING BOATS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1389 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-540 SO AS TO PROVIDE THAT TARPON ARE GAMEFISH IN THIS STATE, TO PROVIDE A CATCH OR POSSESSION LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1390 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, SO AS TO IMPOSE A MINIMUM SIZE LIMIT OF TWELVE INCHES TOTAL LENGTH ON FLOUNDER AND TO MAKE IT UNLAWFUL ALL YEAR INSTEAD OF JUNE TO SEPTEMBER TO TAKE, CATCH, POSSESS, LAND, OR SELL A RED DRUM UNDER MINIMUM SIZE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 472 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY OPEN OR CLOSE THE SEASON FOR CRAB TRAWLING DURING DECEMBER, JANUARY, FEBRUARY, AND MARCH OF EACH YEAR, TO PROVIDE THAT CRAB TRAWLING IS UNLAWFUL AT ALL OTHER TIMES, TO REQUIRE TRAWLERS' LICENSES AND PERMITS FOR PERSONS TRAWLING FOR CRABS, TO REGULATE THE SIZE AND USE OF CRAB NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 753 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1391 -- Fish, Game and Forestry Committee: 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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1446 -- Senators O'Dell, Mullinax, Hayes, Saleeby, McLeod, Giese and Rose: A BILL TO AMEND SECTION 28-2-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND ABANDONMENT OF CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT A CONDEMNOR MAY NOT ABANDON THE ACTION AFTER TAKING POSSESSION IF MATERIAL ALTERATIONS HAVE BEEN MADE IN THE PROPERTY, EXCEPT WITH THE LANDOWNER'S CONSENT; AND TO AMEND SECTION 28-2-510, RELATING TO THE AWARD OF COSTS AND LITIGATION EXPENSES IN CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT IF THE CONDEMNOR ABANDONS OR WITHDRAWS THE ACTION, THE CONDEMNEE IS ENTITLED TO REASONABLE ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS AS DETERMINED BY THE COURT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
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.
Rule 5.12 was waived by a division vote of 48 to 0.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 732 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, SO AS TO DELETE ONE OF THE CONDITIONS UNDER WHICH THE IDENTITIES OF AN ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE REVEALED TO EACH OTHER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
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.
Rule 5.12 was waived by a division vote of 42 to 11.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 5068 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1593 -- Senators Setzler, Wilson 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.
Rule 5.12 was waived by a division vote of 34 to 0.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1217 -- Transportation Committee: A BILL TO AMEND SECTION 56-3-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUND OF MOTOR VEHICLE REGISTRATION FEES, SO AS TO PROVIDE FOR A REFUND FOR A MOTOR VEHICLE ISSUED AN APPORTIONED LICENSE PLATE.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 906 -- Senators Courson, Lourie, Wilson, Shealy, Giese, Patterson and Setzler: A JOINT RESOLUTION TO NAME THE SOUTHEASTERN BELTWAY FROM INTERSTATE 20 TO INTERSTATE 26 THE "VETERANS MEMORIAL EXPRESSWAY" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS ON THE EXPRESSWAY WHICH CLEARLY INDICATE THE NAME OF THE EXPRESSWAY.
Ordered for consideration tomorrow.
Rep. BARFIELD moved that when the House adjourns it adjourn in memory of Woodrow Lewis, which was agreed to.
The following was received.
Columbia, S.C., May 24, 1990
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 10:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. BLACKWELL the invitation was accepted.
The following was introduced:
H. 5141 -- Reps. Whipper, Barber, Rama, Hallman, J. Bailey, Holt, Kohn, Mappus, D. Martin, Washington and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE THE MORRIS STREET BAPTIST CHURCH IN CHARLESTON, HER PASTOR, OFFICERS, AND MEMBERS ON THE OBSERVANCE OF HER 125TH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5142 -- Reps. McEachin, Glover, Harwell, McKay, Nettles and Tucker: A CONCURRENT RESOLUTION TO COMMEND EUGENE N. "NICK" ZEIGLER OF FLORENCE FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS A MEMBER AND CURRENT CHAIRMAN OF THE STATE BOARD OF CORRECTIONS UPON HIS RETIREMENT FROM THE BOARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5143 -- Rep. Bruce: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MARION RHETT GRAMLING OF GRAMLING IN SPARTANBURG COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5144 -- Reps. Wright, Quinn, Klapman, Koon, Sturkie and Derrick: A CONCURRENT RESOLUTION TO COMMEND THE IRMO HIGH SCHOOL NATIONAL SCIENCE OLYMPIAD TEAM FOR WINNING FIRST PLACE HONORS AT THE SIXTH ANNUAL NATIONAL SCIENCE OLYMPIAD AT CLARION UNIVERSITY IN CLARION, PENNSYLVANIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5145 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MIMS ACADEMY OF DORCHESTER COUNTY ON WINNING THE SCISAA CLASS AA STATE SOFTBALL TITLE FOR 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5146 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MIMS ACADEMY OF DORCHESTER COUNTY ON WINNING THE SCISAA CLASS AA STATE BASEBALL TITLE FOR 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5147 -- Reps. T. Rogers and J. Bailey: A CONCURRENT RESOLUTION REQUESTING THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY AND THE CHIEF INSURANCE COMMISSIONER TO CONSIDER ALLOWING THE LOSSES IN THE FACILITY ATTRIBUTABLE TO HURRICANE HUGO TO BE SPREAD IN EQUAL AMOUNTS FOR UP TO THIRTY-SIX MONTHS AND INCLUDE THE TIME VALUE OF MONEY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1614 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY BOYS' HIGH SCHOOL BASKETBALL TEAM UPON WINNING THE 1989-90 BOYS CLASS AA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1615 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. GEORGE HIGH SCHOOL VARSITY BASKETBALL TEAM IN DORCHESTER COUNTY UPON WINNING THE 1989-90 BOYS' CLASS A STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1616 -- Senators Wilson and Patterson: A CONCURRENT RESOLUTION TO COMMEND THE CAMPUS I/IRMO MIDDLE SCHOOL NATIONAL SCIENCE OLYMPIAD TEAM FOR WINNING FIRST PLACE HONORS AT THE SIXTH ANNUAL NATIONAL SCIENCE OLYMPIAD AT CLARION UNIVERSITY IN CLARION, PENNSYLVANIA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5148 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1990, AND ENDING JUNE 30, 1991.
On motion of Rep. KINON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5149 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT FACILITY LOCATION STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1180, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 1589 -- Senators Mullinax, Macaulay and O'Dell: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.
On motion of Rep. TUCKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. KINON, with unanimous consent, it was ordered that H. 5148 be read the second time tomorrow.
The following was introduced:
H. 5150 -- Reps. Rudnick, Sheheen, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Sharpe, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A HOUSE RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO OUR DEAR FRIEND, MARTHA BEST, EXECUTIVE SECRETARY TO THE HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, CONCERNING THE TRAGIC LOSS OF HER SON, BRUNSON, AND EXTENDING HEARTFELT SYMPATHY TO MARTHA AND ALL OF HER FAMILY.
The Resolution was adopted.
The following was introduced:
H. 5151 -- Reps. P. Harris, T.C. Alexander, Chamblee, Cooper, Kay, McLellan, Townsend and Tucker: A CONCURRENT RESOLUTION COMMENDING JEFFREY STRAUB OF ANDERSON COUNTY, SEVENTEEN-YEAR-OLD SENIOR AT WESTSIDE HIGH SCHOOL, FOR TAKING QUICK ACTION WHICH LED TO THE BREAK-UP OF A COUNTERFEIT OPERATION THAT MADE AND DISTRIBUTED A MILLION AND A HALF DOLLARS IN FAKE BILLS -- THE LARGEST SEIZURE OF ITS KIND IN STATE HISTORY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Derrick Elliott Faber Fair Fant Farr Felder Foster Gentry Glover Gordon Gregory Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 24, 1990.
Ken Bailey Holly Cork Mickey Burriss Harry Hallman Roland S. Corning
LEAVES OF ABSENCE
The SPEAKER granted Reps. J. WILLIAMS and HARVIN a leave of absence for the day.
The SPEAKER granted Rep. HALLMAN a temporary leave of absence.
Announcement was made that Dr. Richard M. Davis of Columbia is the Doctor of the Day for the General Assembly.
Rep. MOSS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Derrick Elliott Fair Fant Farr Felder Foster Gentry Gregory Harris, J. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Littlejohn Manly Mappus Martin, D. Mattos McAbee McGinnis McLellan McTeer Moss Neilson Nesbitt Phillips Rama Rogers, J. Rudnick Sharpe Sheheen Simpson Smith Stoddard Sturkie Townsend Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Winstead Wofford Wright
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. MOSS, RAMA and WHIPPER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
At 10:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R577) 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: AN ACT 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 FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN THESE NOTIFICATIONS, THE MANNER IN WHICH THEY MUST BE SUBMITTED, POSTED, AND REPORTED AND TO PROVIDE EXCEPTIONS.
(R578) S. 1568 -- Senator Nell W. Smith: AN ACT TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT IN PICKENS COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE WATER SYSTEM OPERATED BY THE DISTRICT, AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA, AND TO REPEAL ACT 128 OF 1953, RELATING TO THE ESTABLISHMENT OF THE EAST CLEMSON WATER DISTRICT.
(R579) S. 1411 -- Senator Williams: AN ACT TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR AND PROVIDE FOR FUNDING THE COMMISSION.
(R580) S. 1372 -- Senators Pope, Land and O'Dell: AN ACT TO AMEND SECTION 46-17-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE AN EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT FOR THE PROVISIONS PERTAINING TO AGRICULTURAL COMMODITIES MARKETING AND TO DELETE THE REFERENCE TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS AS THE ONLY EXEMPTION.
(R581) S. 1549 -- Senator Matthews: AN ACT 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.
(R582) S. 793 -- Senator Hinds: AN ACT TO AMEND SECTION 58-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROVISIONS GOVERNING MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE EXCEPTION OF TRANSPORTING PASSENGERS WITHIN A DISTANCE OF FIVE MILES FROM THE LIMITS OF A MUNICIPALITY.
(R583) S. 1496 -- General Committee: AN ACT TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.
(R584) S. 1555 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1242, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R585) S. 1511 -- Senator Nell W. Smith: AN ACT TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY PROTECTIVE CUSTODY OF A CHILD, SO AS TO REVISE THE DESIGNATION OF THE PROVISIONS OF THE SECTION, TO PROVIDE FOR CUSTODY WHEN THE CHILD'S PARENT, PARENTS, OR GUARDIAN HAS BEEN ARRESTED OR THE CHILD HAS BECOME LOST ACCIDENTALLY AND HIS WELFARE IS THREATENED DUE TO LOSS OF ADULT PROTECTION AND SUPERVISION, AND TO PROVIDE FOR PLACEMENT OF A CHILD AND A REPORT PURSUANT TO A CHILD PROTECTIVE INVESTIGATION.
(R586) S. 1207 -- Senator McGill: AN ACT TO AMEND SECTION 5-15-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE NUMBER OR METHOD OF ELECTION OF MUNICIPAL COUNCIL MEMBERS, SO AS TO PROVIDE THAT THE QUESTION ON A REFERENDUM FOR CHANGING THE NUMBER OF COUNCIL MEMBERS OR THE METHOD OF ELECTION OF COUNCIL MEMBERS MAY BE HELD NO SOONER THAN TWO YEARS, RATHER THAN FOUR YEARS, AFTER AN ELECTION ON THE SAME QUESTION.
(R587) S. 1578 -- Senator Long: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW MEMORIAL FOUNDATION, INC., IN HORRY COUNTY AND TO REPEAL AN ACT OF 1990 WHICH RESTORED THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
(R588) S. 1465 -- Senators Peeler, Hinds and McGill: AN ACT TO AMEND SECTIONS 46-10-120 AND 46-10-130, BOTH AS AMENDED, 46-13-60, AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES AND BOLL WEEVIL CONTROL, SO AS TO PROVIDE REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, TO DELETE REFERENCES RELATING TO FINANCIAL SECURITY, NOTIFICATION OF REASONS FOR LICENSE DENIAL, AND ELIGIBILITY FOR REEXAMINATION, ADD MEMBERS TO THE PESTICIDE ADVISORY COMMITTEE, CHANGE THE RECOMMENDING AUTHORITIES FOR THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS, AND TO INCREASE THE ANNUAL ASSESSMENT FOR BOLL WEEVIL ERADICATION FROM EIGHT TO TEN DOLLARS AN ACRE.
(R589) S. 139 -- Senator Pope: AN ACT TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PERMANENT PLACARDS TO A MAXIMUM PERIOD OF FOUR YEARS RENEWABLE ON THE OWNER'S BIRTHDAY AND PROVIDE FOR THE DESIGN OF THE PLACARDS; AND TO AMEND SECTION 56-3-1910, RELATING TO LICENSE TAGS FOR DISABLED PERSONS, SO AS TO AUTHORIZE THE ISSUANCE OF THE TAGS FOR A VEHICLE DESIGNED TO TRANSPORT A DISABLED PERSON IF THE VEHICLE IS OWNED AND TITLED IN HIS NAME OR THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY.
(R590) S. 1533 -- Senator Peeler: AN ACT 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 REGARDING APPROVED CHILD SUPPORT PLANS, SO AS TO PROVIDE THAT WHEN A FAMILY CEASES RECEIVING PUBLIC ASSISTANCE WHEN AN ASSIGNMENT HAS BEEN MADE IT CONVERTS TO A NONPUBLIC ASSISTANCE ASSIGNMENT AND THE RECIPIENT MAY SUBMIT A WRITTEN REQUEST TO HAVE THE ASSIGNMENT TERMINATED.
(R591) S. 1547 -- Senator Drummond: AN ACT TO AMEND SECTION 11-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OR COMMISSIONS REQUIRED TO REMIT REVENUES TO THE STATE TREASURER TO EQUAL OR EXCEED APPROPRIATIONS, SO AS TO ELIMINATE THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION FROM THE PROVISIONS OF THE SECTION.
(R592) S. 1038 -- Senator Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-170 SO AS TO PROVIDE THAT JURORS FOR MUNICIPAL COURTS, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.
(R593) S. 1167 -- Senators Bryan, Hayes, Peeler and Fielding: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 44 SO AS TO PROVIDE FOR THE MENTAL RETARDATION AND RELATED DISABILITIES ACT BY SETTING FORTH THE ORGANIZATION AND A SYSTEM FOR THE DELIVERY OF SERVICES, REQUIREMENTS FOR LICENSURE AND REGULATION OF FACILITIES AND PROGRAMS, PENALTIES, AND CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION; TO REPEAL CHAPTER 19, TITLE 44 RELATING TO THE STATE MENTAL RETARDATION DEPARTMENT AND CHAPTER 21, TITLE 44 RELATING TO THE CARE AND COMMITMENT OF MENTALLY RETARDED PERSONS; AND TO PROVIDE FOR THE CONTINUATION OF SERVICE OF THE MEMBERS OF THE SOUTH CAROLINA MENTAL RETARDATION COMMISSION AND THE COUNTY MENTAL RETARDATION BOARDS.
(R594) S. 1515 -- Senator Williams: AN ACT TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO APPOINT A CLERK FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION, SO AS TO CLARIFY THAT THE AUTHORITY TO APPOINT A CLERK IS VESTED IN THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION RATHER THAN IN THE COMMISSIONERS OF ELECTION.
(R595) S. 1275 -- Senator Land: AN ACT TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.
(R596) S. 1267 -- Senators Giese, Rose, Gilbert, Hinson, Long, Lee, J. Verne Smith, Shealy, Martschink, Helmly, Stilwell and Passailaigue: AN ACT TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF LICENSES FOR PHARMACISTS, FEES, AND REINSTATEMENT OF LAPSED LICENSES, SO AS TO ALLOW THE STATE BOARD OF PHARMACY TO ISSUE AN INACTIVE STATUS LICENSE TO A LICENSED PHARMACIST NOT ACTIVELY ENGAGED IN THE PRACTICE OF PHARMACY IN THE STATE, AND PROVIDE FOR THE REACTIVATION OF THE PHARMACIST'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-43-265 SO AS TO PERMIT THE BOARD TO REFUSE TO GRANT A LICENSE TO PRACTICE PHARMACY TO AN OTHERWISE QUALIFIED PERSON UPON ANY OF THE GROUNDS FOR WHICH A LICENSE CAN BE REVOKED OR SUSPENDED, AND 40-43-270 SO AS TO PROVIDE THAT ACTS OR OMISSIONS BY A LICENSEE CAUSING THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE PHARMACY IN ANOTHER STATE SUPPORT THE ISSUANCE OF A FORMAL COMPLAINT AND THE COMMENCEMENT OF DISCIPLINARY PROCEEDINGS AS SET FORTH IN SECTION 40-43-260.
(R597) S. 1422 -- Senators Shealy, Wilson, Giese, Setzler and Rose: AN ACT TO AMEND SECTION 12-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD TO TAX A MANUFACTURER, WHOLESALER, DISTRIBUTOR, OR RETAILER RECEIVING UNTAXED BOTTLED SOFT DRINKS AND OTHER RELATED ITEMS, SO AS TO AUTHORIZE A WHOLESALER OR DISTRIBUTOR MAKING SHIPMENTS OF SOFT DRINKS TO RETAIL LOCATIONS IN AND OUT OF THIS STATE TO APPLY TO THE TAX COMMISSION FOR A LICENSE WHICH WILL ENABLE THEM TO PURCHASE SOFT DRINKS TAX FREE, AND REPORT AND PAY THE TAX AS PROVIDED IN THIS SECTION ON SALES OF SOFT DRINKS SOLD TO LOCATIONS IN THIS STATE.
(R598) S. 1471 -- Senators Bryan, Hayes, Peeler and Fielding: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DEFINE HABILITATION CENTER FOR THE MENTALLY RETARDED OR PERSONS WITH RELATED CONDITIONS; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF THE FACILITIES, SO AS TO PROVIDE FOR THE REQUIREMENTS TO APPLY TO THE HABILITATION CENTERS DEFINED IN THIS ACT.
(R599) S. 1522 -- Finance Committee: AN ACT TO AMEND CHAPTERS 119 AND 117 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY AND THE UNIVERSITY OF SOUTH CAROLINA, BY ADDING ARTICLES 7 AND 3 RESPECTIVELY SO AS TO AUTHORIZE THE BOARDS OF TRUSTEES OF EACH UNIVERSITY TO ISSUE AUXILIARY FACILITIES REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM THE FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS, AND TO PROVIDE THAT NO TIME LIMIT IS SET FOR THE ISSUANCE OF BONDS; TO DESIGNATE SECTIONS 59-117-10 THROUGH 59-117-100 AS ARTICLE 1, CHAPTER 117, TITLE 59 AND ENTITLED "GENERAL PROVISIONS"; AND TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON TO BORROW ONE MILLION, TWO HUNDRED THOUSAND DOLLARS TO ISSUE BONDS OR NOTES FOR THE RENOVATION AND EXPANSION OF THE COLLEGE'S CAFETERIA FACILITIES.
(R600) S. 138 -- Senators Wilson, Giese, Thomas and Bryan: AN ACT TO ENACT THE CLEAN INDOOR AIR ACT OF 1990 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R601) S. 1548 -- Senator Waddell: AN ACT TO AMEND SECTION 34-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACQUISITIONS UNDER THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT WHICH REQUIRE CERTAIN PRIOR APPROVALS, SO AS TO AUTHORIZE AN ADDITIONAL TYPE OF ACQUISITION; AND TO REVISE CERTAIN TERMS USED IN THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT.
(R602) S. 1523 -- Finance Committee: AN ACT TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.
(R603) S. 984 -- Senator Russell: AN ACT TO AMEND SECTION 9-11-48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR TRANSFERRING A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS TO THE POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO PROVIDE ALTERNATIVE REQUIREMENTS FOR THE TRANSFER.
(R604) S. 1575 -- Senator Russell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WARBIRDS, INC., IN SPARTANBURG COUNTY.
(R605) S. 946 -- Senator Passailaigue: AN ACT TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
(R606) S. 966 -- Senator Lee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-240 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT A PILOT PROGRAM FOR DENTAL HEALTH EDUCATION, SCREENING, AND TREATMENT REFERRAL IN THE PUBLIC SCHOOLS FOR CHILDREN IN KINDERGARTEN THROUGH SEVENTH GRADE.
(R607) S. 1499 -- Finance Committee: AN ACT TO AMEND SECTION 59-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REVENUE BOND DEBT LIMITATION OF THE STATE EDUCATION ASSISTANCE AUTHORITY, SO AS TO INCREASE THE LIMIT FROM ONE HUNDRED SEVENTY-FIVE TO THREE HUNDRED MILLION DOLLARS.
(R608) S. 1474 -- Corrections and Penology Committee: AN ACT TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO REQUIRE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO REVIEW A PRISONER'S DISCIPLINARY AND OTHER RECORDS IN DETERMINING WHETHER TO GRANT PAROLE AND TO PROVIDE THAT CERTAIN RECORDS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT.
(R609) H. 5061 -- Rep. Kinon: AN ACT TO DESIGNATE A ROAD IN DILLON COUNTY AS "JUNE SCOTT BOULEVARD".
(R610) H. 5052 -- Rep. Wofford: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANGAREE CIVIC LEAGUE.
(R611) H. 3237 -- Rep. Limehouse: AN ACT 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.
(R612) H. 4934 -- Rep. Kirsh: AN ACT 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, AND DECREASE AND INCREASE AUTHORIZATIONS FOR INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS.
(R613) H. 4619 -- Reps. Beasley, Hayes and Fair: AN ACT TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
(R614) H. 3632 -- Rep. Fair: AN ACT TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION AND TERMS, AND TO PROVIDE FOR THE CONTINUATION OF BOARD SERVICE BY CURRENT MEMBERS AND FOR LENGTH OF TERMS.
(R615) H. 5067 -- Reps. Boan and Hodges: AN ACT 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.
(R616) 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.
(R617) H. 4939 -- Rep. Cole: AN ACT 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.
(R618) 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 W. 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.
(R619) H. 3100 -- Rep. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT OR STRUCTURE IN WHICH A DWELLING UNIT IS LOCATED TO INSTALL BURGLAR BARS WITHOUT A QUICK-RELEASE MECHANISM AND PROVIDE A PENALTY FOR VIOLATION.
(R620) H. 4901 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MANUFACTURED HOUSING BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1207, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R621) H. 4387 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE PARKING PRIVILEGES TO APPLY FOR AN OUT-OF-STATE MOTOR VEHICLE DISPLAYING EVIDENCE OF HANDICAP.
(R622) H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1990-91 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1990-91.
(R623) H. 5084 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 30, 1991.
(R624) H. 5099 -- Rep. Baker: AN ACT TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
(R625) H. 4723 -- Reps. M.O. Alexander and T.C. Alexander: AN ACT 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.
(R626) H. 4505 -- Rep. Altman: AN ACT TO REPEAL SECTION 56-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF OBSOLETE RECORDS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; AND TO REPEAL SECTION 56-19-490 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT FILE AND MAINTAIN SURRENDERED CERTIFICATES OF TITLE.
(R627) H. 4584 -- Charleston Delegation: A JOINT RESOLUTION TO AUTHORIZE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO BORROW NOT MORE THAN TWO HUNDRED TEN THOUSAND DOLLARS FROM THE STATE BUDGET AND CONTROL BOARD STATE-OWNED PROPERTY RENT ACCOUNT AND TO PROVIDE REPAYMENT TERMS.
(R628) H. 4925 -- Rep. Wright: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHINQUAPIN HOLLOW, INC., IN LEXINGTON COUNTY.
(R629) H. 4863 -- Rep. J. Rogers: AN ACT TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT WHEN THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT THE REMAINDER OF THAT PORTION OF THE AWARD MUST BE PAID TO A SURVIVING SPOUSE OR OTHER FULL DEPENDENT, OR IF THERE IS NONE, BE DISTRIBUTED IN THE SAME MANNER AS PROVIDED IN THIS SECTION FOR CASES WHERE THE EMPLOYEE IS SURVIVED BY NO FULL DEPENDENTS RATHER THAN DIVIDING THE BENEFITS EQUALLY AMONG ALL THE CHILDREN.
(R630) H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: AN ACT TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH POWERS AND DUTIES OF THE COURT RELATING TO ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE ACTIONS AND THE COURT'S POWERS TO ESTABLISH ATTORNEY, INVESTIGATION, AND EXPERT FEES, COSTS, AND SUIT MONEY.
(R631) H. 3768 -- Reps. Altman, Keegan and Snow: AN ACT 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.
(R632) H. 4927 -- Reps. Kay, Carnell and Townsend: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ABBEVILLE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ABBEVILLE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, TO PROVIDE FOR A DIRECTOR AND AN ASSISTANT FOR THE COMMISSION, AND PROVIDE A TRANSITION PERIOD.
(R633) H. 4896 -- Reps. Clyborne and Manly: AN ACT 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.
At 10:50 A.M. the House resumed, the SPEAKER in the Chair.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 5133 -- Anderson Delegation: A BILL TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.
H. 5138 -- Reps. Koon and Klapman: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE GILBERT-SUMMIT RURAL WATER DISTRICT.
H. 4830 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.
H. 5137 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS - LIMITED CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1603 -- Senator Bryan: A BILL TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.
S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.
S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.
S. 1251 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
Rep. LANFORD explained the Bill.
S. 1546 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS FOR SOUTH CAROLINA GENERAL HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
The following Bill was taken up.
S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, MARLBORO, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION.
Rep. BAXLEY moved to adjourn debate upon the Bill until Tuesday, May 29.
Rep. R. BROWN moved to table the motion, which was agreed to by a division vote of 9 to 1.
The Bill was read the third time, and ordered returned to the Senate with amendments.
I wish to be recorded as voting against S. 1149.
Rep. BAXLEY
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1607 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.
Reps. FAIR and BEASLEY objected to the Bill.
Rep. CORBETT moved to adjourn debate upon the following Joint Resolution until Tuesday, May 29, which was adopted.
H. 4853 -- Reps. Corbett, Altman, G. Bailey, Baker, Barber, Barfield, Baxley, Blackwell, Boan, G. Brown, H. Brown, Bruce, T.M. Burriss, Clyborne, Cole, Cork, Corning, Davenport, Elliott, Fair, Gentry, Hallman, Harrison, Haskins, Huff, Jaskwhich, Keegan, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McCain, McGinnis, Moss, Neilson, Quinn, Rama, Rhoad, Simpson, Sturkie, Vaughn, Waites, Waldrop, Wells, Wofford, Wright, Harwell and Kinon: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
The following Joint Resolution was taken up.
S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Rep. CORBETT proposed the following Amendment No. 1 (Doc. No. 1685o), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) There is established the Advisory Commission on Elimination of Wasteful State Government Spending consisting of eighteen members.
(1) Ten members must be appointed by the Governor, with at least one member appointed from each congressional district, using the following criteria:
(a) Six members must be appointed to represent the private sector of which three must be from businesses with twenty or fewer employees;
(b) Four members must be appointed to represent the interests of individual taxpayers.
(2) Eight members must be appointed by the General Assembly. The President of the Senate and the Speaker of the House of Representatives each shall:
(a) appoint two members to represent the private sector with one member representing a business with twenty or fewer employees;
(b) appoint two members to represent the interests of individual taxpayers.
(B) Elected officials and members of state boards, committees, and commissions must not be appointed to the commission.
(C) Members serve for a term of one year. Vacancies must be filled in the manner of original appointment for the remainder of the unexpired term. Members serve without compensation and are not eligible for mileage, subsistence, and per diem provided by law for members of state boards, committees, and commissions.
(D) The members of the commission shall elect one member to serve as chairman. The members of the commission also may elect additional officers for the efficient discharge of their duties.
SECTION 2. The commission shall study the ways and means to eliminate wasteful state government spending. It shall address the issue of duplication of services and the feasibility of consolidation of state agencies. The commission shall complete its report and file it with the General Assembly and the Governor no later than one year after its appointment and the selection of a chairman. The commission terminates upon the filing of its report.
SECTION 3. The State Budget and Control Board and any designated legislative entity, including, but not limited to, the research offices of the Senate and House, the Legislative Council, the Legislative Audit Council, and the State Reorganization Commission, shall provide, as required, assistance to the commission. If assistance requires staff and support services, additional funding must be provided, if needed, to cover costs adequately.
SECTION 4. State boards, commissions, departments, agencies, and committees shall cooperate fully with an examination or a study conducted by the commission.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CORBETT explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. CORBETT moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.
H. 4853 -- Reps. Corbett, Altman, G. Bailey, Baker, Barber, Barfield, Baxley, Blackwell, Boan, G. Brown, H. Brown, Bruce, T.M. Burriss, Clyborne, Cole, Cork, Corning, Davenport, Elliott, Fair, Gentry, Hallman, Harrison, Haskins, Huff, Jaskwhich, Keegan, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McCain, McGinnis, Moss, Neilson, Quinn, Rama, Rhoad, Simpson, Sturkie, Vaughn, Waites, Waldrop, Wells, Wofford, Wright, Harwell and Kinon: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Rep. CORBETT moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1947X), which was adopted.
Amend the bill, as and if amended, in Section 44-107-20(2), as contained in SECTION 1, page 1, line 41, by striking /directly/ so that when amended Section 44-107-20(2) reads:
/(2) 'Employee' means the employee of a grantee or contractor engaged in the performance of work pursuant to the provisions of the grant or contract./
Amend further, in that portion of Section 44-107-30 which precedes item (1), page 2, line 23, by inserting /domestic/ before /grant/ and on line 24 by inserting /domestic/ before /contract/, so that when amended that portion of Section 44-107-30 which precedes item (1) reads:
/No person, other than an individual, may receive a domestic grant or be awarded a domestic contract for the procurement of any goods, construction, or services for a stated or estimated value of fifty thousand dollars or more from any state agency unless the person has certified to the using agency that it will provide a drug-free workplace by:/
Amend further, in Section 44-107-40, page 3, line 32, by inserting /domestic/ before /contract/ and /grant/ so that, when amended, Section 44-107-40 reads:
/Section 44-107-40. No state agency may enter into a domestic contract or make a domestic grant with any individual for a stated or estimated value of fifty thousand dollars or more unless the contract or grant includes a certification by the individual that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract./
Amend further, in that portion of Section 44-107-60 which precedes item (1), page 4, line 10, by inserting /domestic/ before /contract/ and /grant/, so that when amended, that portion of Section 44-107-60 which precedes item (1) reads:
/Each domestic contract or domestic grant awarded by a state agency is subject to suspension of payments or termination or both, and the contractor or grantee under the contract or grant or the individual who entered the contract with or received the grant from the state agency, as applicable, is subject to suspension or debarment in accordance with Section 11-35-4220 if the appropriate Chief Procurement Officer, as defined in Section 11-35-310(5), determines that:/
Amend title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 2 (Doc. No. 1959X), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/Section __. A. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-85. The use of tobacco products outside the workplace must not be the basis of personnel action, including, but not limited to, employment, termination, demotion, or promotion of an employee."
B. This section takes effect upon approval by the Governor./
Amend title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
Reps. NEILSON, DAVENPORT, WELLS and LIMEHOUSE proposed the following Amendment No. 3 (Doc. No. 1999X), which was adopted.
Amend the bill, as and if amended, by adding:
/SECTION 1. Title 8 of the 1976 Code is amended by adding:
Section 8-16-10. This chapter is known and may be cited as the South Carolina State and Local Government Prospective Employee Drug Testing Act.
Section 8-16-20. As used in this chapter:
(1) 'Drugs' means any substance described in Schedules I through V, as contained in Chapter 53 of Title 44;
(2) 'Employer' means this State and its political subdivisions including their agencies and departments;
(3) 'Prospective employee' means any person who has made application to an employer, whether written or oral, to become an employee;
(4) 'Sample' means urine, blood, breath, saliva, or hair.
Section 8-16-30. An employer is required to test a prospective employee for the presence of drugs, in accordance with the provisions of this chapter, who is being considered for a particular position before the final hiring selection for that position is made if the position qualifies the prospective employee to participate in either of the following state retirement funds:
(1) South Carolina Retirement System; or
(2) Police Officers Retirement System.
Section 8-16-40. An employer may require samples from his prospective employees, and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter and enough sample must be taken for the initial test of the employer and a confirmation test if desired by the prospective employee. The employer may designate the type of sample to be used for this testing.
Section 8-16-50. An employer shall pay all costs of the initial testing for drugs required by the employer, and the employee, if he desires confirmation testing or retesting in the manner provided by this chapter, shall pay the costs of this retesting.
Section 8-16-60. All sample collection and testing of drugs under this chapter must be performed in accordance with the following conditions:
(A) The collection of samples must be performed under reasonable and sanitary conditions.
(B) Sample collections must be documented, and these documentation procedures include:
(1) labeling of samples to reasonably preclude the probability of erroneous identification of test results;
(2) an opportunity for the prospective employee to provide notification of any information which may be considered as relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information.
(C) Sample collection, storage, and transportation to the place of testing must be performed so as to reasonably preclude the probability of sample contamination or adulteration.
(D) Sample testing must comply to scientifically accepted analytical methods and procedures. Initial testing and confirmation testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control for this purpose. Testing must include verification or confirmation of any positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method, before the result of any test may be used as a basis for any action by an employer.
Section 8-16-70. (A) The Budget and Control Board for state agencies and departments and the governing body of a political subdivision of this State for agencies and departments of that subdivision shall establish guidelines and model policies for the testing required by this chapter for use by employers. The governing body of the political subdivision may adopt the Budget and Control Board guidelines and model policies as its guidelines and model policies. The Department of Health and Environmental Control shall provide and periodically update a list of approved or licensed substance abuse rehabilitation centers in the State by area and a list of approved rehabilitation centers throughout the country.
(B) Within the terms of these guidelines and policies, an employer shall require of those prospective employees to be tested the collection and testing of samples for the purpose of determining the prospective employee's ability to perform specified duties in the workplace efficiently and with safety for other employees and the general public.
(C) The employer's use and disposition of all drug test results are subject to the limitations of this chapter.
Section 8-16-80. (A) Upon receipt of a verified or confirmed positive drug test result which indicates the use of this substance by the prospective employee, or upon the refusal of a prospective employee to provide a sample, an employer may use that test or refusal as the basis for refusal to hire the prospective employee.
(B) If the employer refuses to hire a prospective employee based on a confirmed positive drug test result or for other reasons as provided in this chapter, the employer shall notify the prospective employee of the test result and refer the prospective employee to a list of public and private Department of Health and Environmental Control licensed or approved substance abuse rehabilitation centers in the area so that the prospective employee may seek rehabilitation at his own expense.
(C) If a prospective employee has been refused a position with the employer because of a confirmed positive drug test result or for other reasons as provided in this chapter, the prospective employee may not be considered for employment if he reapplies for a position unless (1) the prospective employee presents evidence that he has successfully completed rehabilitation at a department licensed or approved public or private substance abuse rehabilitation center or at a department approved rehabilitation center in another state, or (2) six months have passed since the date of the prospective employee's rejection for employment.
Section 8-16-90. If the initial drug test of the prospective employee is positive, the prospective employee is entitled to require the employer to submit the remaining portion of the sample taken to an approved laboratory for a confirmation test. If the results of the confirmation test are also positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee.
Section 8-16-100. No cause of action arises in favor of any person against an employer who has established a policy and initiated a testing program in accordance with this chapter, for any of the following:
(1) failure to test for drugs, or failure to test for a specific drug or other substance;
(2) failure to test for, or if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or
(3) termination or suspension of any drug or testing program or policy.
Section 8-16-110. (A) No cause of action arises in favor of any person against an employer who has established a program of drug testing in accordance with this chapter, unless the employer's action was based on a false test result.
(B) In any claim, including a claim under this chapter, where it is alleged that an employer's action was based on a false test result:
(1) it is permissible to infer that the test result was valid if the employer complied with the provisions of this chapter; and
(2) the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.
Section 8-16-120. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, or the tested prospective employee;
(2) the information disclosed was a false test result;
(3) the false test result was disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.
Section 8-16-130. No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug testing.
Section 8-16-140. All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Rep. McTEER moved to adjourn debate upon the Bill until Tuesday, May 29, which was adopted.
The following Bill was taken up.
S. 1244 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1614o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, page 1, beginning on line 22, and inserting:
/SECTION 1. Section 20-7-490(C)(4) of the 1976 Code is amended to read:
"(4) Abandons the child, as defined by Section 20-7-1572 under circumstances which indicate no intention to return."/
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LIMEHOUSE moved to adjourn debate upon the following Bill until Tuesday, May 29, which was adopted.
H. 5132 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-585 SO AS TO PROVIDE THAT A DESIGNATED INSURER PRODUCER OF THE REINSURANCE FACILITY IS ENTITLED TO APPOINT ONE OF ITS OFFICERS OR EMPLOYEES TO THE GOVERNING BOARD OF THE FACILITY UNDER CERTAIN CONDITIONS.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 51.
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: 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; AND 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.
Rep. McABEE moved that the House do now adjourn.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, J. Baker Barfield Blackwell Brown, G. Brown, H. Brown, J. Bruce Burriss, T.M. Carnell Chamblee Clyborne Cooper Derrick Elliott Faber Foster Gordon Gregory Harris, P. Harrison Haskins Hendricks Holt Jaskwhich Kay Kinon Kirsh Klapman Kohn Limehouse Mappus Martin, D. Martin, L. McAbee McBride McGinnis Moss Nesbitt Phillips Rhoad Rogers, T. Sharpe Simpson Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Wells Whipper Wilkes Winstead Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Barber Baxley Bennett Blanding Boan Brown, R. Burch Burriss, M.D. Cole Corbett Cork Corning Davenport Fair Farr Gentry Glover Hallman Harris, J. Harwell Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Koon Lanford Manly Mattos McCain McEachin McKay McLellan McTeer Quinn Rama Rogers, J. Rudnick Sheheen Short Smith Waites Wilder Wilkins Williams, D. Wright
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 51.
The Senate returned to the House with concurrence the following:
H. 5141 -- Reps. Whipper, Barber, Rama, Hallman, J. Bailey, Holt, Kohn, Mappus, D. Martin, Washington and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE THE MORRIS STREET BAPTIST CHURCH IN CHARLESTON, HER PASTOR, OFFICERS, AND MEMBERS ON THE OBSERVANCE OF HER 125TH ANNIVERSARY.
H. 5142 -- Reps. McEachin, Glover, Harwell, McKay, Nettles and Tucker: A CONCURRENT RESOLUTION TO COMMEND EUGENE N. "NICK" ZEIGLER OF FLORENCE FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS A MEMBER AND CURRENT CHAIRMAN OF THE STATE BOARD OF CORRECTIONS UPON HIS RETIREMENT FROM THE BOARD.
H. 5143 -- Rep. Bruce: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MARION RHETT GRAMLING OF GRAMLING IN SPARTANBURG COUNTY.
H. 5144 -- Reps. Wright, Quinn, Klapman, Koon, Sturkie and Derrick: A CONCURRENT RESOLUTION TO COMMEND THE IRMO HIGH SCHOOL NATIONAL SCIENCE OLYMPIAD TEAM FOR WINNING FIRST PLACE HONORS AT THE SIXTH ANNUAL NATIONAL SCIENCE OLYMPIAD AT CLARION UNIVERSITY IN CLARION, PENNSYLVANIA.
H. 5145 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MIMS ACADEMY OF DORCHESTER COUNTY ON WINNING THE SCISAA CLASS AA STATE SOFTBALL TITLE FOR 1990.
H. 5146 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MIMS ACADEMY OF DORCHESTER COUNTY ON WINNING THE SCISAA CLASS AA STATE BASEBALL TITLE FOR 1990.
H. 5151 -- Reps. P. Harris, T.C. Alexander, Chamblee, Cooper, Kay, McLellan, Townsend and Tucker: A CONCURRENT RESOLUTION COMMENDING JEFFREY STRAUB OF ANDERSON COUNTY, SEVENTEEN-YEAR-OLD SENIOR AT WESTSIDE HIGH SCHOOL, FOR TAKING QUICK ACTION WHICH LED TO THE BREAK-UP OF A COUNTERFEIT OPERATION THAT MADE AND DISTRIBUTED A MILLION AND A HALF DOLLARS IN FAKE BILLS -- THE LARGEST SEIZURE OF ITS KIND IN STATE HISTORY.
At 11:20 A.M. the House in accordance with the motion of Rep. BARFIELD adjourned in memory of Woodrow Lewis to meet at 10:00 A.M. tomorrow.
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