Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, ancient words of wisdom appropriate for every age are recorded in Proverbs (2:10):
"When wisdom entereth into thine heart,
And knowledge is pleasant unto thy soul,
Discretion shall preserve thee,
Understanding shall keep thee."
Let us pray.
Our Father-God, whose works have been seen and known by the children of men throughout the generations... and by whose grace we have come again from our homes to serve our people here:
Give inspiration, O Lord, to the interaction of our Executive and Legislative powers that we may supplement each other for the welfare of our people.
Help us to make our work a form of worship, as we give our best in mind, body, and spirit to resolving the issues that bedevil our people.
May we all be mastered by a devotion to seek wisdom and knowledge through discretion and understanding... like that of a candle that gives light and service by being consumed... in the Name of God we worship and Who lives in us by faith.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 19, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Master-In-Equity, Calhoun County, with term to expire August 14, 1991:
Thomas P. Culclasure, P.O. Box 183, St. Matthews, S.C. 29135
January 19, 1990
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.
Appointments, Members, Colleton County Board of Voter Registration, with terms to expire March 15, 1992:
Opedalis Evans, Rt. 1, Box 187, Islandton, S.C. 29929
Lorriane W. Green, 1237 Hampton St., Walterboro, S.C. 29488
Eva R. Huggins, Rt. 2, Box 56, Yemassee, S.C. 29945
Annie S. Strickland, Rt. 2, Box 10, Ruffin, S.C. 29475
January 9, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Workers Compensation Commission, with term to expire June 30, 1996:
Walter R. Hundley, 10 Ashmead Place, Charleston, S.C. 29403
Referred to Committee on Judiciary.
January 23, 1990
The Honorable Nick Theodore
Lieutenant Governor
State of South Carolina
The State House
Columbia, S.C. 29201
Dear Lt. Governor Theodore:
Inadvertently, the invitation to your Body failed to include the staff at the reception sponsored by Francis Marion College's Board of Trustees, to be held Tuesday, January 23rd at 6:00 P.M. at the Capital City Club.
As Chairman of the Board of Trustees, I would appreciate your informing the staff that the invitation includes them.
Sincerely,
Peter D. Hyman
Chairman, Board of Trustees
Francis Marion College
The following were received and referred to the appropriate committees for consideration.
Document No. 1157
Promulgated By Board of Dentistry
39-10. Sanitary Standards
39-12. Approved Procedures of Dental Assistance
39-13. Approved Procedures of Expanded Duty Dental Assistants
39-14. Approved Procedures for Licensed Dental Hygienists
39-16. Dental Radiography
Received by Lt. Governor January 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 1990
Document No. 1193
Promulgated By Department of Health and Environmental Control
License for Contractors Constructing On-Site Sewage Treatment and Disposal Systems
Received by Lt. Governor January 23, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 23, 1990
Document No. 1206
Promulgated By Budget and Control Board
Certification of Minority Businesses
Received by Lt. Governor January 23, 1990
Referred to Senate Committee on Judiciary
120 day expiration date May 23, 1990
Document No. 1210
Promulgated By Board of Education
Flexibility Through Deregulation Program
Received by Lt. Governor January 19, 1990
Referred to Senate Committee on Education
120 day expiration date May 19, 1990
Document No. 1205
Promulgated By Department of Social Services
Child Support Guidelines
Received by Lt. Governor January 23, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 23, 1990
Document No. 1209
Promulgated By Board of Education
Competitive School Innovation Grants Program
Received by Lt. Governor January 19, 1990
Referred to Senate Committee on Education
120 day expiration date May 19, 1990
The following was received.
Document No. 1056
Promulgated By Department of Health and Environmental Control
Minimum Standards for Licensing Hospitals and Institutional General Infirmaries
Received by Lt. Governor March 7, 1989
Referred to Senate Committee on Medical Affairs
Sine Die Revised Expiration Date January 21, 1990
Withdrawn and Resubmitted January 18, 1990
Revised Expiration Date February 7, 1990
Senator WADDELL was granted a leave of absence for the remainder of the day.
Senator PATTERSON rose to a Point of Privilege.
Senator MULLINAX rose to a Point of Personal Privilege.
Columbia, S.C., January 18, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
S. 653 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT TO REDUCE STRINGENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 18, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
S. 654 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1081, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Very respectfully,
Speaker of the House
Received as information.
S. 595 -- Senator Macaulay: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT REGISTRATION OF MOTOR VEHICLES, THE MONETARY PENALTIES FOR LATE REGISTRATION, AND THE CRIMINAL PENALTIES FOR OPERATING AN UNLICENSED VEHICLE, SO AS TO PROVIDE THAT THE MONETARY PENALTIES FOR LATE REGISTRATION MAY NOT BE IMPOSED AGAINST THE LATE REGISTRATION OF CAMPERS OR TRAVEL TRAILERS.
The House returned the Bill with amendments.
On motion of Senator MACAULAY, the Senate refused to agree to the amendment proposed by the House, and a message was sent to the House accordingly.
On motion of Senator GIESE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
On motion of Senator WADDELL, with unanimous consent, the Senate agreed that when the Senate adjourns on Thursday, that it meet for local and uncontested matters on Friday at 11:00 A.M., and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, January 30, 1990, at 12:00 Noon.
The following were introduced:
S. 1116 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. EULA MATHIAS O'SHEAL OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1117 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION EXTENDING THANKS TO BERKELEY ELECTRIC COOPERATIVE, INC., AND ITS OUTSTANDING EMPLOYEES FOR STANDING BY THE LOWCOUNTRY AREA SO FAITHFULLY DURING HURRICANE HUGO.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1118 -- Senators Setzler and Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE SCHOOL NURSES DAY IN SOUTH CAROLINA, JANUARY 24, 1990, AND TO EXPRESS THE APPRECIATION OF THE STATE OF SOUTH CAROLINA TO THE NURSES AS THEY CONTINUE TO PROVIDE QUALITY HEALTH SERVICES AND PREPARE STUDENTS TO BE HEALTHY, FUNCTIONING CITIZENS OF TOMORROW.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1119 -- Senators Shealy, Wilson and Setzler: A SENATE RESOLUTION INVITING LEXINGTON MIDDLE SCHOOL'S ACADEMIC TEAM, MS. FRANCES DANTZLER, THE TEAM'S COORDINATOR, ADVISER, AND COACH, MR. CHARLES GATCH, SCHOOL PRINCIPAL, AND DR. CHESTER FLOYD, SUPERINTENDENT OF LEXINGTON SCHOOL DISTRICT NUMBER ONE, TO THE STATE HOUSE TO BE FORMALLY WELCOMED AND RECOGNIZED IN THE SENATE CHAMBER ON WEDNESDAY, JANUARY 24, 1990, AT 11:30 A.M.
Referred to the Committee on Invitations.
S. 1120 -- Senators Saleeby, Land, McConnell, McLeod and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1121 -- Senators Saleeby, Land, McConnell and Pope: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRIES OF AN INSURER BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE THAT THE PAPERS AND REPORTS AS WELL AS THE REPLIES BY THE INSURER ARE NOT SUBJECT TO DISCLOSURE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1122 -- Senator Rose: A BILL TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO GRANT PAROLE, SO AS TO PROVIDE THAT PAROLE MAY NOT BE GRANTED FOR PERSONS CONVICTED OF VIOLENT CRIMES.
Read the first time and referred to the Committee on Corrections and Penology.
S. 1123 -- Senators Passailaigue, Lourie, Giese and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280, RELATING TO THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS, SO AS TO PROHIBIT THEIR POSSESSION UNLESS AUTHORIZED, TO PROVIDE PENALTIES FOR POSSESSION OF A DEVICE, AND TO PROVIDE FOR THEIR FORFEITURE.
Read the first time and referred to the Committee on Education.
S. 1124 -- Senators Wilson, Thomas and Rose: 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 INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST FORTY THOUSAND DOLLARS BEGINNING WITH THE 1990 TAX YEAR.
Read the first time and referred to the Committee on Finance.
S. 1125 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD MAY DEVELOP AN OPTIONAL LONG-TERM CARE INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES DEPENDING ON THE AVAILABILITY OF A QUALIFIED VENDOR; AND TO REPEAL SECTION 9-1-70 RELATING TO THE OPTIONAL LONG-TERM CARE INSURANCE PROGRAM.
Read the first time and referred to the Committee on Finance.
S. 1126 -- Senators Setzler, Matthews, Giese, Moore, Leatherman and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-11-100 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DEPOSIT CONTRACT RETAINAGE INTO INTEREST-BEARING ACCOUNTS.
Read the first time and referred to the Committee on Finance.
S. 1127 -- Senators Wilson, Thomas and Rose: A JOINT RESOLUTION TO RATIFY A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO DELAY THE EFFECTIVE DATE OF ANY LAW VARYING THE COMPENSATION OF MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES UNTIL AFTER AN INTERVENING ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE PRIOR RATIFICATION OF THE GENERAL ASSEMBLY OF THIS AMENDMENT ON JANUARY 19, 1790, IS INVALID FOR PURPOSES OF PROMULGATING THE AMENDMENT.
Read the first time and referred to the Committee on Judiciary.
S. 1128 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-467 SO AS TO REQUIRE PERSONS TO KEEP FIREARMS IN A LOCKED CONTAINER OR OTHER REASONABLY SECURE LOCATION, OR SECURE THE FIREARM WITH A TRIGGER LOCK TO PREVENT UNAUTHORIZED AND UNSUPERVISED ACCESS TO FIREARMS BY MINORS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-31-135 SO AS TO REQUIRE RETAIL DEALERS OF FIREARMS TO PROVIDE A WRITTEN WARNING TO PURCHASERS OF FIREARMS AND TO POST A WARNING TO PURCHASERS OF FIREARMS REGARDING THE REQUIREMENT OF SECTION 16-23-467 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
S. 1129 -- Senators Wilson, Lourie, Thomas, Hayes and Rose: A BILL TO AMEND SECTIONS 8-13-20 AND 8-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO CHANGE THE DEFINITION OF "CANDIDATE FOR PUBLIC OFFICE" AND TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE REPORT OF CONTRIBUTIONS AND EXPENDITURES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, 8-13-710, 8-13-720, AND 8-13-730 SO AS TO REGULATE CAMPAIGN PRACTICES.
Read the first time and referred to the Committee on Judiciary.
S. 1130 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-495 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A DRUG OFFENSE WHO HAD A FIREARM WITHIN HIS CONTROL DURING THE COMMISSION OF THE OFFENSE SHALL HAVE AN ADDITIONAL PENALTY.
Read the first time and referred to the Committee on Judiciary.
S. 1131 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 53 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR EMERGENCY MEDICAL SERVICES COUNCIL MEMBERS AND FOR PENALTIES.
Read the first time and referred to the Committee on Transportation.
S. 1132 -- Senators Wilson, Shealy, Setzler, Giese and Martschink: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ULYSSES GILES CROOK OF LAKE MURRAY COMMUNITY IN LEXINGTON COUNTY.
On immediate consideration, the Concurrent Resolution was adopted and ordered sent to the House.
S. 1133 -- Senators McGill, Hinds, Land and Drummond: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706, SO AS TO PROVIDE FOR THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE NO. 9 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and on motion of Senator McGILL, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator McGILL, with unanimous consent, S. 1133 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1134 -- Senator McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE WALTERBORO HIGH SCHOOL BULLDOG FOOTBALL TEAM AND ITS COACHES UPON THE CONCLUSION OF A TRULY OUTSTANDING 1989 SEASON.
On immediate consideration, the Concurrent Resolution was adopted and ordered sent to the House.
H. 3901 -- Rep. Wilkins: A BILL TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVERS' LICENSING REQUIREMENTS, SO AS TO EXEMPT CITIZENS OF FOREIGN COUNTRIES WHO HAVE A VALID DRIVER'S LICENSE ISSUED BY THAT NATION AND WHOSE COUNTRY GRANTS THE SAME EXEMPTION TO CITIZENS OF THIS STATE.
Read the first time and referred to the Committee on Transportation.
H. 4253 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CRIME STOPPERS OF HORRY COUNTY, INC., IN HORRY COUNTY.
Read the first time and referred to the Committee on Judiciary.
H. 4257 -- Rep. R. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA RURAL WATER ASSOCIATION.
Read the first time and referred to the Committee on Judiciary.
H. 4264 -- Rep. Bruce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHESNEE HIGH SCHOOL BOOSTERS CLUB, INC., IN SPARTANBURG COUNTY.
Read the first time and referred to the Committee on Judiciary.
H. 4266 -- Rep. Haskins: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ACADEMY OF ARTS, INC., IN GREENVILLE COUNTY.
Read the first time and referred to the Committee on Judiciary.
H. 4288 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JASMINE INTERIORS, INC., IN HORRY COUNTY.
Read the first time and referred to the Committee on Judiciary.
H. 4289 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CENTURION CORPORATION IN HORRY COUNTY.
Read the first time and referred to the Committee on Judiciary.
H. 4369 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PORT CITY GOLF CLUB IN CHARLESTON COUNTY.
Read the first time and referred to the Committee on Judiciary.
H. 4351 -- Reps. Farr and Phillips: A BILL TO PROVIDE THAT A UNANIMOUS VOTE OF THE MEMBERSHIP OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IS REQUIRED TO CLOSE AN ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4380 -- Reps. McKay, Harwell, McEachin, Nettles and Glover: A BILL TO PROVIDE FOR THE MANNER IN WHICH THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 4 IN FLORENCE COUNTY MUST BE ELECTED AND FOR THE METHOD OF ESTABLISHMENT OF THE TAX MILLAGE FOR THE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4392 -- Rep. Wilder: A BILL TO AUTHORIZE BLACKVILLE SCHOOL DISTRICT 19 OF BARNWELL COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4431 -- Reps. Wright and Quinn: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF THE TOWN OF IRMO IN LEXINGTON AND RICHLAND COUNTIES ON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF ITS FOUNDING.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4432 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. F. A. KENNEDY OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4433 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. EMMA WHITTON KENNEDY OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
the Senate concurring:
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4434 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. RALPH LEONARD MOORE, SR., OF AIKEN COUNTY, UNCLE OF OUR DEAR FRIEND AND COLLEAGUE IN THE GENERAL ASSEMBLY, SENATOR THOMAS L. MOORE, AND EXTENDING HEARTFELT SYMPATHY TO THE MEMBERS OF MR. MOORE'S FAMILY AND HIS MANY FRIENDS.
Whereas, Mr. Ralph Leonard Moore, Sr., of Aiken County died on January 13, 1990, at the age of sixty-five; and
Whereas, he was born in Edgefield County and had lived in Aiken for the past forty years; and
Whereas, he was a member of Howlandville Baptist Church and the owner of Moore's Discount Furniture and Carpet Shops in Aiken; and
Whereas, he was the uncle of our dear friend and colleague in the General Assembly, Senator Thomas L. Moore; and
Whereas, Mr. Moore was a beloved and much respected and admired member of his community and will be greatly missed; and
Whereas, we want our good friend Tommy and all of the other members of Mr. Moore's family and his many friends to know that they are uppermost in our thoughts and have our deepest sympathy in the loss of their loved one. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express deepest sorrow at the death of Mr. Ralph Leonard Moore, Sr., of Aiken County, uncle of our dear friend and colleague in the General Assembly, Senator Thomas L. Moore, and extend heartfelt sympathy to the members of Mr. Moore's family and his many friends.
Be it further resolved that a copy of this resolution be forwarded to Mr. Moore's widow, Mrs. Helen Clarke Moore, at 2925 Congaree Drive, Aiken, and to the Honorable Thomas L. Moore, South Carolina Senate, Columbia.
On motion of Senator SETZLER, with unanimous consent, the Resolution was adopted and the roll of the Senate was applied, ordered returned to the House.
H. 4448 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM L. FOUST OF ANDERSON AS HE LEAVES HIS POST AS MANAGER OF DUKE POWER COMPANY'S ANDERSON DISTRICT AND TO WISH HIM WELL AS HE TRAVELS TO CHARLOTTE, NORTH CAROLINA, TO SERVE AS FIELD LIAISON FOR DUKE POWER'S NEW CUSTOMER SERVICE CENTER.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable with amendments report on:
S. 904 -- Senator Saleeby: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 6 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 4316 -- Reps. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 28, 1990, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
S. 1115 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 7, 1990, AS SOUTH CAROLINA STATE COLLEGE DAY.
Returned with concurrence.
Received as information.
S. 1116 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. EULA MATHIAS O'SHEAL OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
S. 1117 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION EXTENDING THANKS TO BERKELEY ELECTRIC COOPERATIVE, INC., AND ITS OUTSTANDING EMPLOYEES FOR STANDING BY THE LOWCOUNTRY AREA SO FAITHFULLY DURING HURRICANE HUGO.
Returned with concurrence.
Received as information.
S. 1118 -- Senators Setzler and Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE SCHOOL NURSES DAY IN SOUTH CAROLINA, JANUARY 24, 1990, AND TO EXPRESS THE APPRECIATION OF THE STATE OF SOUTH CAROLINA TO THE NURSES AS THEY CONTINUE TO PROVIDE QUALITY HEALTH SERVICES AND PREPARE STUDENTS TO BE HEALTHY, FUNCTIONING CITIZENS OF TOMORROW.
Returned with concurrence.
Received as information.
S. 1132 -- Senators Wilson, Shealy, Setzler, Giese and Martschink: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ULYSSES GILES CROOK OF LAKE MURRAY COMMUNITY IN LEXINGTON COUNTY.
Returned with concurrence.
Received as information.
The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.
S. 846 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., OF CHARLESTON COUNTY.
S. 885 -- Senator Horace C. Smith: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PALMETTO CLUB OF THE DEAF IN SPARTANBURG COUNTY.
S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.
S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.
S. 988 -- Senator Waddell: A BILL TO AMEND SECTION 11-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REPORTING THE DEBT OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT THE STATE TREASURER ANNUALLY SHALL PUBLISH A STATEMENT OF THE OBLIGATIONS OF POLITICAL SUBDIVISIONS RATHER THAN FURNISH A STATEMENT TO THE COMPTROLLER GENERAL FOR INCLUSION IN THE ANNUAL REPORT OF THE COMPTROLLER GENERAL.
S. 1104 -- Judiciary Committee: A BILL TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AND PERSONS ADMITTED TO HOSPITALS AS EMERGENCY PATIENTS ON THE DAY OF AN ELECTION OR WITHIN A FOUR-DAY PERIOD BEFORE THE ELECTION TO THE APPLICATION FOR VOTING BY ABSENTEE BALLOT.
(On motion of Senator POPE, with unanimous consent)
S. 1106 -- Judiciary Committee: A BILL TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.
(On motion of Senator POPE, with unanimous consent)
The following Bill having been read the second time was passed and ordered to a third reading with notice of general amendments:
S. 1044 -- Senator Pope: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2045 RELATING TO TRUCK DRIVER TRAINING SCHOOLS SO AS TO PROVIDE THAT A PERSON QUALIFIES TO BE A STUDENT AT A TRUCK DRIVER TRAINING SCHOOL IN THIS STATE IF HE HAS A SOUTH CAROLINA CLASS THREE LEARNER'S PERMIT OR AN EQUIVALENT PERMIT ISSUED BY HIS STATE OF RESIDENCE.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1081 -- Senator Lee: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.
On motion of Senator LEE, S. 1081 was ordered to receive a third reading on Wednesday, January 24, 1990.
S. 883 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED.
S. 989 -- Senator Waddell: A BILL TO AMEND SECTION 23-43-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND REQUIRED OF LICENSED MANUFACTURERS OF MODULAR BUILDINGS AND REPRESENTATIVES OF MANUFACTURERS OF MODULAR BUILDINGS, SO AS TO ALLOW COLLATERAL ACCEPTABLE TO THE STATE TREASURER TO BE SUBSTITUTED FOR THE BOND.
S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.
On motion of Senator WADDELL, the Joint Resolution was carried over.
S. 1105 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR PROCESSING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.
On motion of Senator SETZLER, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 42 -- Senator Fielding: BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
Senator POPE proposed the following previously carried over amendment (Doc. No. 2626R), printed in the Journal of Wednesday, January 17, 1990.
On motion of Senator POPE, with unanimous consent, the amendment was withdrawn.
Senator POPE proposed the following amendment (Doc. No. 2738R), which was tabled:
Amend the Committee Report, as and if amended, by adding appropriately numbered new sections to read:
SECTION ___. Section 56-5-5350(a) of the 1976 Code is amended to read:
"(a) Effective on and after January 1, 1969, the Highway Department shall require that every Every vehicle registered in this State, except house trailers, shall must be inspected at least once a year. At the time of annual registration and licensing of the vehicle, the owner of the vehicle must furnish the Department a certificate of this inspection. The certificate, stating that the vehicle is in proper working order, must be dated within thirty days of the date of registration and licensing. However, between July 1, 1990 and June 30, 1991, an owner may present and the Department must accept a certificate of inspection dated within twelve months of the date of the annual licensing and registration. Upon the sale of a vehicle the new owner may license and register a vehicle if he can demonstrate evidence of an inspection complying with this article within the preceding six months. The form of the certificate of inspection must be prescribed by the Department.
After June 30, 1990, no inspection sticker must be affixed to a vehicle. have displayed at all times a Highway Department approved certificate of inspection and approval in a practical location specified by the Department. No person shall drive or move on any highway any vehicle, except house trailers, unless there shall be in effect and properly displayed thereon a current certificate of inspection. "
SECTION ___. Section 56-5-5390(b) of the 1976 Code is amended to read:
"(b) No person shall display, or cause or permit to be displayed upon any vehicle, or give or sell to any other person, any certificate of inspection knowing it to be fictitious or issued for another vehicle or issued without a complete inspection complying with the regulations established by the Department having been made."
SECTION ___. Section 56-5-5350(f) of the 1976 Code is deleted.
Amend title to conform.
Senator POPE argued in favor of the adoption of the amendment and Senators LAND and ROSE argued contra.
Senator POPE moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Martin Martschink McConnell McGill Mitchell Mullinax O'Dell Passailaigue Patterson Setzler Shealy Smith, H.C. Smith, N.W. Stilwell Waddell Williams
NAYS
Courson Macaulay Peeler Pope Russell Saleeby Thomas Wilson
The amendment was laid on the table.
The question then was the adoption of the amendment proposed by the Committee on Transportation, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Macaulay Martin Martschink McConnell McGill Mitchell Passailaigue Patterson Peeler Rose Russell Setzler Shealy Smith, H.C. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Moore Mullinax O'Dell Pope Saleeby
The committee amendment, as amended, was adopted.
Senator FIELDING proposed the following amendment (Doc. No. 4972U), which was withdrawn:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-5360(d) of the 1976 Code is amended to read:
"(d) Official inspection stations may charge a fee of not more than two five dollars and fifty cents for each inspection with fifty cents of this fee used for the issuance of the inspection sticker. Provided, that if any If a vehicle does not pass inspection at any a station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection originally. Inspection forms shall must be prepared by theState Highway Department South Carolina Department of Highways and Public Transportation and furnished to inspection stations at a cost of fifty cents each."
SECTION 2. The 1976 Code is amended by adding:
"Section 56-5-5325. After the effective date of this section, in addition to the items required to be inspected, all vehicle inspections as provided in this article must include:
(1) a visual examination of emission equipment installed on motor vehicles manufactured after July 1, 1989. A vehicle which does not have installed properly its original emission equipment must have it installed twelve months from the date the inspection which discovered its omission;
(2) an inspection to determine if the motor vehicle meets the requirements for the installation of sunscreen devices provided in Section 56-5-5015.
SECTION 3. (A) Notwithstanding the provisions of Section 56-5-5360(d) of the 1976 Code, as amended in Section 1, beginning with the first day of the fourth month following approval by the Governor of this act and for twelve months after that time the vehicle inspection fee is three dollars and fifty cents with fifty cents of this fee used for the issuance of the inspection sticker.
(B) On the first anniversary of the date on which the fee increased to three dollars and fifty cents and for the next twelve months, the vehicle inspection fee increases to four dollars and fifty cents with fifty cents of this fee used for the issuance of the inspection sticker.
(C) On the second anniversary of the date on which the fee increased to three dollars and fifty cents the fee as provided in Section 56-5-5360(d) of the 1976 Code, as amended by Section 1, applies.
SECTION 4. This act takes effect ninety days after approval by the Governor./
Amend title to conform.
On motion of Senator FIELDING, with unanimous consent, the amendment was withdrawn.
Senators WILSON, PASSAILAIGUE, FIELDING and COURSON proposed the following amendment (Doc. No. 4193U), which was withdrawn:
Amend the bill, as and if amended, by adding a section appropriately numbered to read:
/SECTION ___. Article 35, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-4415. It is unlawful knowingly and wilfully to defeat or cause to be defeated factory-installed emission control systems of a motor vehicle operated on the streets and highways of this State./
Renumber sections to conform.
Amend title to conform.
On motion of Senator WILSON, with unanimous consent, the amendment was withdrawn.
Senator HINSON proposed the following amendment (Doc. No. 0423o), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 56-5-5350(a) of the 1976 Code is amended to read:
"Section 56-5-5350. (a) Effective on and after January 1, 1969, the Highway Department The department shall require that every vehicle registered in this State, except house trailers, shall to be inspected at least once a year every five years and have displayed at all times a Highway Department- department-approved certificate of inspection and approval in a practical location specified by the department. No person shall drive or move on any a highway any a vehicle, except house trailers, unless there shall be is in effect and properly displayed thereon a current certificate of inspection."/
Renumber sections to conform.
Amend title to conform.
Senator HINSON argued in favor of the adoption of the amendment.
Senator HINSON made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator HINSON continued arguing in favor of the adoption of the amendment.
Senator HINSON moved that the amendment be adopted.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HINSON proposed the following amendment (Doc. No. 0424o), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 56-5-5350(a) of the 1976 Code is amended to read:
"Section 56-5-5350. (a) Effective on and after January 1, 1969, the Highway Department The department shall require that every vehicle registered in this State, except house trailers, shall to be inspected at least once a year every three years and have displayed at all times a Highway Department- department-approved certificate of inspection and approval in a practical location specified by the department. No person shall drive or move on any a highway any a vehicle, except house trailers, unless there shall be is in effect and properly displayed thereon a current certificate of inspection."/
Renumber sections to conform.
Amend title to conform.
Senator HINSON argued in favor of the adoption of the amendment.
Senator HINSON moved that the amendment be adopted.
Senator FIELDING moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HINSON proposed the following amendment (Doc. No. 0425o), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 56-5-5350(a) of the 1976 Code is amended to read:
"Section 56-5-5350. (a) Effective on and after January 1, 1969, the Highway Department The department shall require that every vehicle registered in this State, except house trailers, shall to be inspected at least once a year every two years and have displayed at all times a Highway Department- department-approved certificate of inspection and approval in a practical location specified by the department. No person shall drive or move on any a highway any a vehicle, except house trailers, unless there shall be is in effect and properly displayed thereon a current certificate of inspection."/
Renumber sections to conform.
Amend title to conform.
Senator HINSON argued in favor of the adoption of the amendment.
Senator HINSON moved that the amendment be adopted.
Senator FIELDING moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HINSON proposed the following amendment (Doc. No. 0426o), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
SECTION ___. Section 56-5-5440 of the 1976 Code is amended to read:
/Any A person violating the provisions of this article shall must be punished in the same manner as provided for in Section 56-5-6190, unless otherwise provided. A person apprehended for operating a vehicle with an expired inspection sticker may only be issued a warning ticket within thirty days of the expiration date of the sticker./
Renumber sections to conform.
Senator HINSON argued in favor of the adoption of the amendment.
Senator HINSON moved that the amendment be adopted.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Gilbert Hayes Hinds Holland Land Leatherman Lee Martin McLeod Smith, N.W. Wilson
NAYS
Giese Helmly Hinson Macaulay Martschink McConnell Mitchell Moore Mullinax O'Dell Passailaigue Peeler Pope Rose Russell Setzler Shealy Smith, H.C. Stilwell Thomas Williams
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
Senator BRYAN argued contra to the adoption of the amendment.
The amendment was adopted.
Senator SHEALY proposed the following amendment (Doc. No. 2736R), which was withdrawn:
Amend the bill, as and if amended, by striking all after the enacting words.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
Senator BRYAN moved to lay the amendment on the table.
Senator McLEOD, with unanimous consent, spoke briefly on the amendment.
Senator FIELDING raised a Point of Order that the amendment was out of order inasmuch as the PRESIDENT stated that the question before the Senate was second reading of S. 42.
The PRESIDENT overruled the Point of Order inasmuch as a member has the right to offer an amendment at anytime prior to the final vote on the passage of the Bill.
Senator McLEOD continued speaking on the amendment.
Senator WILLIAMS, asked unanimous consent, with Senator McLEOD retaining the floor, to make a motion that the Senate go into Executive Session and, upon lifting of the veil of secrecy, stand adjourned, which was agreed to.
On motion of Senator SHEALY, with unanimous consent, the amendment was withdrawn.
Debate was interrupted by adjournment.
On motion of Senator GIESE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Appointment, Magistrate, Greenwood County, with term to expire April 30, 1991:
James Richard Waltman, 318 Chinquapin Rd., Greenwood, S.C. 29646 VICE Raymond Fred Mackey
Appointments, Members, Colleton County Board of Voter Registration, with terms to expire March 15, 1992:
Opedalis Evans, Route 1, Box 187, Islandton, S.C. 29929
Lorriane W. Green, 1237 Hampton St., Walterboro, S.C. 29488
Eva R. Huggins, Route 2, Box 56, Yemassee, S.C. 29945
Annie S. Strickland, Route 2, Box 10, Ruffin, S.C. 29475
At 1:14 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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