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:
Hear words from the first chapter of Genesis (v. 28)(New English Bible version):
"So God created man in His own image;
In the image of God He created him;
male and female He created them. God
blessed them and said to them, 'Be
fruitful and increase, fill the earth
and subdue it, rule over the fish in
the sea, the birds of heaven, and
every living thing that moves upon the
earth'."
Let us pray.
O God, our Father, we do believe that Thine image inheres in the very fabric and frame of our human life... but it is fallen... it is blurred... indistinct... and often appears distant.
Give us faith and love for Thee and our fellowman that will take the dimness of our souls... and insights... away.
With clear eyes... and new insight... help us to see the opportunities of this day as our duty and privilege in fulfilling the original decree of deity: "LET THEM HAVE DOMINION"... over creation!
In the Holy Name. Amen!
Senator WADDELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WADDELL moved that a call of the Senate be made. The following Senators answered the call:
Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martschink McConnell McGill McLeod Mitchell Moore Mullinax Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committees for consideration.
Document No. 1159
Promulgated By Department of Agriculture
Noxious Weed
Received by Lt. Governor February 7, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day expiration date June 7, 1990
Document No. 1224
Promulgated By Department of Highways and Public Transportation
Approved Installation and Inspection Procedures of Sunscreening
Received by Lt. Governor February 7, 1990
Referred to Senate Committee on Transportation
120 day expiration date June 7, 1990
Senator WADDELL was granted a leave of absence for Thursday, February 8, 1990.
On motion of Senator MULLINAX, Senator O'DELL was granted a leave of absence for today.
S. 1145 -- Senators Lourie and Mullinax: A CONCURRENT RESOLUTION TO THANK AND COMMEND GUNTHER GEBEL-WILLIAMS OF RINGLING BROTHERS AND BARNUM AND BAILEY CIRCUS, UPON HIS RETIREMENT FROM THE ENTERTAINMENT ARENA AND FOR THE MANY YEARS OF HAPPINESS HE HAS GIVEN TO THE CITIZENS OF SOUTH CAROLINA, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
On prior motion of Senator MOORE, the Privilege of the Floor was extended to Gunther Gebel-Williams.
Senators LOURIE and MULLINAX escorted Mr. Williams to the rostrum for the purpose of presenting him with a Concurrent Resolution.
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.
On motion of Senator SHEALY, the Privilege of the Floor was extended to the Lexington Middle School's academic team; Ms. Frances Dantzler, the team's adviser and coach; Mr. Charles Gatch, school principal; and Dr. Chester Floyd, superintendent.
Senators SHEALY, WILSON and SETZLER escorted the team to the rostrum for the purpose of presenting the team with a Concurrent Resolution commending their capture of first place in the Fall 1989 Knowledge Master Open.
The following were introduced:
S. 1209 -- Senators Saleeby, Land, McConnell, McLeod and Pope: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1210 -- Senators Setzler, McConnell, Waddell, Giese, Hinson, Rose and Martschink: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ADDITIONAL PUNISHMENT FOR POSSESSION OF A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO ADD DRUG-RELATED OFFENSES TO THOSE OFFENSES FOR WHICH THE ADDITIONAL PUNISHMENT MAY BE GIVEN AND TO PROVIDE FOR AN INCREASED PENALTY IF A MACHINE GUN OR A FIREARM WITH A SILENCER OR MUFFLER IS UTILIZED.
Read the first time and referred to the Committee on Judiciary.
Senator SETZLER spoke on the Bill.
S. 1211 -- Senators Setzler, McConnell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-355 SO AS TO PROVIDE THAT CERTAIN ACTIONS REGARDING THE INTIMIDATION OF WITNESSES ARE UNLAWFUL, TO PROVIDE FOR PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN OF THE ABOVE OFFENSES WHICH ARE FELONIES TO THIS LIST.
Read the first time and referred to the Committee on Judiciary.
S. 1212 -- Senators Setzler, McConnell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.
Read the first time and referred to the Committee on Judiciary.
S. 1213 -- Senators Setzler, McConnell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
Read the first time and referred to the Committee on Judiciary.
S. 1214 -- Senators Setzler, McConnell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL, AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
Read the first time and referred to the Committee on Judiciary.
S. 1215 -- Finance Committee: A BILL TO AMEND SECTION 12-35-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX ON TRANSIENT ACCOMMODATIONS, SO AS TO PROVIDE THAT THE TAX IS IMPOSED ONLY ON REVENUES DERIVED FROM THE RATE CHARGED FOR RENTAL OF SLEEPING ACCOMMODATIONS AND DOES NOT APPLY TO ANY ADDITIONAL GUEST CHARGES, AND TO DEFINE "ADDITIONAL GUEST CHARGE".
Read the first time and ordered placed on the Calendar without reference.
S. 1216 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DECERTIFICATION, AND ACCREDITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1220, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 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.
Read the first time and ordered placed on the Calendar without reference.
S. 1218 -- Senators Macaulay and Mullinax: A CONCURRENT RESOLUTION TO EXPRESS THE BEST WISHES OF THE GENERAL ASSEMBLY TO JOHN RAFTAKIS OF ANDERSON WHO IS RETIRING AFTER THIRTY-SEVEN SUCCESSFUL YEARS IN THE RESTAURANT BUSINESS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3860 -- Reps. Manly, Wilkins, Blackwell, Jaskwhich, Mattos, M.O. Alexander, Clyborne, Baker, Fant, Fair and Vaughn: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION, AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, TO PROVIDE THAT IF THE RESULTS OF THE SPECIAL PRIMARY ELECTION ARE NOT CERTIFIED BEFORE THE GENERAL ELECTION, THAT OFFICE MUST NOT BE FILLED AT THE GENERAL ELECTION BUT MUST BE FILLED AT A SPECIAL ELECTION THEREAFTER, AND TO ALLOW OTHER POLITICAL PARTIES WHERE THE NOMINEE WAS UNOPPOSED TO NOMINATE A CANDIDATE FOR THE OFFICE INVOLVED IN A SPECIAL PRIMARY ELECTION IN THE MANNER PROVIDED IN THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
H. 3876 -- Rep. Washington: A BILL TO AMEND SECTION 52-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO NINE MEMBERS AND TO PROVIDE FOR THE APPOINTMENT OF A MEMBER FROM THE SENATE AND A MEMBER FROM THE HOUSE OF REPRESENTATIVES.
Read the first time and referred to the General Committee.
H. 4156 -- Rep. Harwell: A JOINT RESOLUTION TO NAME THE OVERPASS BRIDGE PRESENTLY UNDER CONSTRUCTION AND LOCATED AT THE INTERSECTION OF U. S. 301 AND S. C. 38 IN DILLON COUNTY THE "S. NORWOOD GASQUE 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.
Read the first time and referred to the Committee on Transportation.
H. 4174 -- Rep. McTeer: A BILL TO AMEND SECTION 7-13-1810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MECHANICAL MODEL OF A PORTION OF THE FACE OF A VOTING MACHINE REQUIRED AT THE POLLS ON ELECTION DAY FOR THE INSTRUCTION OF VOTERS, SO AS TO ALLOW A PAPER FACSIMILE OF THE FACE OF THE VOTING MACHINE TO BE SUBSTITUTED FOR THE MODEL.
Read the first time and referred to the Committee on Judiciary.
H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS AND DUTIES.
Read the first time and referred to the Committee on Medical Affairs.
H. 4244 -- Reps. Wilder, Baxley and Corning: A BILL TO CREATE A JOINT COMMITTEE TO STUDY PROBLEMS OF PERSONS WITH DISABILITIES.
Read the first time and referred to the Committee on Medical Affairs.
H. 4454 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PHYSICAL FITNESS SERVICES CENTER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4455 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PAWNBROKER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4456 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO LIMITATIONS AND RESTRICTIONS ON REAL ESTATE MORTGAGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1145, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4457 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO MERGER PROCEDURES FOR STATE CREDIT UNIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1146, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4458 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1084, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 4459 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO DATA REPORTING AND DETERMINATION OF EXCESS PROFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1111, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4516 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MINIMUM STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1056, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4517 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO LICENSING, CONTINUING EDUCATION, AND APPRENTICESHIPS OF OPTICIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4518 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD FOR SOCIAL WORK EXAMINERS, RELATING TO LICENSING, CONTINUING EDUCATION, AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4519 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO REPEAL OF PERMISSIBLE ADVERTISING BY DENTISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4520 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PODIATRY EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4521 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO ADDITIONAL NEW MEDICAID COVERAGE GROUP, DESIGNATED AS REGULATION DOCUMENT NUMBER 1133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4235 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO REPEAL SECTION 44-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A TAX ON ALCOHOLIC LIQUORS FOR ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SECTION 44-9-140, RELATING TO THE EXEMPTION FOR CERTAIN FACILITIES FROM THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS, SECTION 44-9-150, RELATING TO THE INAPPLICABILITY OF THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS TO A LICENSED GENERAL HOSPITAL, SECTION 44-11-50, RELATING TO STATE TRAINING SCHOOLS FOR MENTAL HEALTH, SECTION 44-11-100, RELATING TO FINANCIAL BENEFITS FOR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF MENTAL HEALTH OR A MENTAL HEALTH FACILITY FROM A CONTRACT OR PURCHASE BY A FACILITY, ARTICLE 3, CHAPTER 15, TITLE 44, RELATING TO THE COASTAL EMPIRE MENTAL HEALTH BOARD, ARTICLE 5, CHAPTER 15, TITLE 44, RELATING TO THE MENTAL HEALTH CENTER FOR DARLINGTON AND FLORENCE COUNTIES, SECTION 44-17-830, RELATING TO THE DISCHARGE AND RIGHTS OF A PERSON DISCHARGED BY THE DEPARTMENT OF MENTAL HEALTH, AND ARTICLE 7, CHAPTER 23, TITLE 44, RELATING TO THE HOSPITALIZATION OF A PERSON ACQUITTED BY A JURY ON THE GROUND OF INSANITY.
Read the first time and on motion of Senator HAYES, with unanimous consent, was ordered placed on the Calendar without reference.
Senator STILWELL, from the Committee on Judiciary, submitted a majority favorable and Senator LEE a minority unfavorable report on:
S. 199 -- Senator Stilwell: A BILL TO REPEAL CHAPTER 11, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF RADIO COMMON CARRIERS; AND TO PROVIDE THAT THE REPEAL OF THIS CHAPTER MAY NOT BE CONSTRUED TO AUTHORIZE OR PROVIDE FOR THE REGULATION OF RADIO COMMON CARRIERS UNDER ANY OTHER CHAPTER OF TITLE 58 OR UNDER ANY OTHER PROVISION OF LAW.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
S. 924 -- Senator Passailaigue: A BILL TO AMEND SECTION 15-73-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF THE PROVISIONS PERTAINING TO SELLERS OF DEFECTIVE PRODUCTS, SO AS TO PROVIDE THAT THE AWARD OF APPROPRIATE PUNITIVE OR EXEMPLARY DAMAGES OR INTEREST BEFORE JUDGMENT IS NOT PRECLUDED.
Ordered for consideration tomorrow.
Senator HAYES, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 938 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-52-165 SO AS TO PROVIDE FOR OFFENSES INVOLVING THE USE OF ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, FIREARMS, AND DANGEROUS WEAPONS BY A PATIENT RECEIVING INPATIENT SERVICES FROM THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS ACT.
Ordered for consideration tomorrow.
Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:
S. 939 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO REPEAL SECTION 44-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A TAX ON ALCOHOLIC LIQUORS FOR ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SECTION 44-9-140, RELATING TO THE EXEMPTION FOR CERTAIN FACILITIES FROM THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS, SECTION 44-9-150, RELATING TO THE INAPPLICABILITY OF THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS TO A LICENSED GENERAL HOSPITAL, SECTION 44-11-50, RELATING TO STATE TRAINING SCHOOLS FOR MENTAL HEALTH, SECTION 44-11-100, RELATING TO FINANCIAL BENEFITS FOR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF MENTAL HEALTH OR A MENTAL HEALTH FACILITY FROM A CONTRACT OR PURCHASE BY A FACILITY, ARTICLE 3, CHAPTER 15, TITLE 44, RELATING TO THE COASTAL EMPIRE MENTAL HEALTH BOARD, ARTICLE 5, CHAPTER 15, TITLE 44, RELATING TO THE MENTAL HEALTH CENTER FOR DARLINGTON AND FLORENCE COUNTIES, SECTION 44-17-830, RELATING TO THE DISCHARGE AND RIGHTS OF A PERSON DISCHARGED BY THE DEPARTMENT OF MENTAL HEALTH, AND ARTICLE 7, CHAPTER 23, TITLE 44, RELATING TO THE HOSPITALIZATION OF A PERSON ACQUITTED BY A JURY ON THE GROUND OF INSANITY.
Ordered for consideration tomorrow.
Senator HAYES, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 941 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-315 SO AS TO PROVIDE FOR THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 943 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE THE DISCLOSURE UPON REQUEST OF INFORMATION CONTAINED IN A PRISONER'S RECORD.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:
S. 945 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OR OTHER ASSESSMENT OF CONTINUED COMPETENCE OF PSYCHOLOGISTS.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
S. 946 -- Senator Passailaigue: A BILL 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.
Ordered for consideration tomorrow.
Senator POPE, from the Committee on Judiciary, submitted a favorable report on:
S. 950 -- Senator Pope: A BILL TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a majority favorable with amendments and Senator SALEEBY a minority unfavorable report on:
S. 971 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1174 -- Senators Lee, Hayes, Lourie, Pope, Russell, Wilson, Stilwell, Rose, Land, Saleeby, Williams, Shealy, Martin, Mullinax, McGill, Martschink, Hinds and Holland: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REFRAIN FROM REPEALING OR AMENDING THE FEDERAL EMPLOYERS' LIABILITY ACT.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
S. 1178 -- Senator Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE AMERICAN INSTITUTE OF BANKING.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
S. 1191 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NORTHBRIDGE TERRACE RECREATIONAL PARK IN CHARLESTON COUNTY.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:
H. 3781 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 40-28-10, 40-28-40, 40-28-80, 40-28-100, 40-28-110, 40-28-120, 40-28-140, 40-28-160, 40-28-170, 40-28-180, 40-28-190, AND 40-28-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO CHANGE THE DEFINITION OF "LANDSCAPE ARCHITECT" AND "LANDSCAPE ARCHITECTURE", TO REQUIRE MEMBERS OF THE COUNCIL APPOINTED BY THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS TO BE REGISTERED LANDSCAPE ARCHITECTS, TO CHANGE REFERENCES TO CERTIFICATES TO CERTIFICATES OR LICENSES, TO CHANGE QUALIFICATION AND EXAMINATION REQUIREMENTS FOR LICENSURE, TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY A PARTNERSHIP OR CORPORATION, TO CHANGE FEES, AND TO CHANGE PENALTY PROVISIONS.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 3817 -- Reps. Felder, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-22 SO AS TO EXTEND THE COVERAGE OF THE LABORER AND MATERIALMAN'S LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR THE IMPROVEMENT OF REAL ESTATE AND TO AMEND SECTION 29-5-10, RELATING TO MECHANICS LIENS, SO AS TO EXTEND THE COVERAGE OF THE LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR USE ON A PARTICULAR BUILDING OR STRUCTURE.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
H. 3852 -- Rep. McLellan: A BILL TO AMEND SECTIONS 8-11-720 AND 8-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEAVE-TRANSFER PROGRAM, SO AS TO PROVIDE THE AMOUNT OF LEAVE AN EMPLOYEE MAY DONATE IN ONE YEAR AND TO PROVIDE THAT APPROVAL BY THE BUDGET AND CONTROL BOARD OR ITS DESIGNEE IS FINAL.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
H. 4258 -- Rep. R. Brown: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO DELETE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FROM THE LIST OF AGENCIES WITH SPECIFIED TERMINATION DATES; AND TO AMEND SECTION 41-45-10, RELATING TO THE COORDINATING COUNCIL, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE COUNCIL MUST BE APPOINTED BY THE GOVERNOR RATHER THAN BEING THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4330 -- Reps. O. Phillips, Nesbitt, Moss, Carnell and L. Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ENACT WITHOUT DELAY APPROPRIATE LEGISLATION WHICH WOULD LIMIT THE AMOUNT OF TEXTILE AND APPAREL IMPORTS INTO THE UNITED STATES.
Ordered for consideration tomorrow.
S. 939 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO REPEAL SECTION 44-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A TAX ON ALCOHOLIC LIQUORS FOR ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SECTION 44-9-140, RELATING TO THE EXEMPTION FOR CERTAIN FACILITIES FROM THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS, SECTION 44-9-150, RELATING TO THE INAPPLICABILITY OF THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS TO A LICENSED GENERAL HOSPITAL, SECTION 44-11-50, RELATING TO STATE TRAINING SCHOOLS FOR MENTAL HEALTH, SECTION 44-11-100, RELATING TO FINANCIAL BENEFITS FOR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF MENTAL HEALTH OR A MENTAL HEALTH FACILITY FROM A CONTRACT OR PURCHASE BY A FACILITY, ARTICLE 3, CHAPTER 15, TITLE 44, RELATING TO THE COASTAL EMPIRE MENTAL HEALTH BOARD, ARTICLE 5, CHAPTER 15, TITLE 44, RELATING TO THE MENTAL HEALTH CENTER FOR DARLINGTON AND FLORENCE COUNTIES, SECTION 44-17-830, RELATING TO THE DISCHARGE AND RIGHTS OF A PERSON DISCHARGED BY THE DEPARTMENT OF MENTAL HEALTH, AND ARTICLE 7, CHAPTER 23, TITLE 44, RELATING TO THE HOSPITALIZATION OF A PERSON ACQUITTED BY A JURY ON THE GROUND OF INSANITY.
On motion of Senator HAYES, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3641 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR A PETITION TO BE FILED WITH INSTEAD OF NOTICE TO THE FAMILY COURT WHEN AN AGENCY INITIATES PROTECTIVE SERVICES.
H. 3856 -- Rep. R. Brown: A BILL TO AMEND SECTION 58-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL PENALTIES FOR VIOLATIONS BY GAS UTILITY COMPANIES, SO AS TO INCREASE THEM.
S. 903 -- Senators Passailaigue, Giese, Moore, Thomas, Lee, Rose, Hayes, Leventis, Peeler, Hinson, Saleeby, Mitchell, Martschink, Pope, Russell and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-7-35 SO AS TO PROHIBIT INCREASING THE PRICES ORDINARILY CHARGED FOR GOODS AND SERVICES DURING A STATE OF EMERGENCY, DEFINE TERMS, AND PROVIDE PENALITIES.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the third reading of the Bill.
Senator HINDS proposed the following amendment (Doc. No. 0486X), which was adopted:
Amend the bill, as and if amended, in Section 16-7-35(A) of the 1976 Code, as contained in SECTION 1, page 1, line 32, by inserting after /expenses/ /and a charge for any attendant business risk/.
Amend title to conform.
Senator PASSAILAIGUE explained the Bill.
Senator LEATHERMAN objected to further consideration of the Bill.
S. 1135 -- Senators Shealy and Long: A CONCURRENT RESOLUTION ESTABLISHING A STUDY COMMITTEE TO STUDY THE USE OF THE DRUG DEPO PROVERA IN THE TREATMENT OF SEX OFFENDERS AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE AND THE DATE FOR ITS REPORT.
Senator McCONNELL raised a Point of Order that under Rule 40, the Concurrent Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1015 SO AS TO PROVIDE A CIVIL PENALTY FOR FAILURE TO FILE OR TO FILE LATE A STATEMENT REQUIRED BY CHAPTER 13 OF TITLE 8 RELATING TO ETHICS.
S. 1203 -- Fish, Game and Forestry Committee: 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 MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN ANY GAME ZONE, TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-700, 50-11-703, 50-11-704, AND 50-11-705 RELATING TO THE USE OF ARTIFICIAL LIGHTS.
S. 911 -- Senators Moore, Holland, Rose, Hinson and Giese: A BILL TO AMEND SECTION 56-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF ITEMS IN APPLYING FOR A DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, SO AS TO ALLOW ANY REASONABLY RELIABLE DOCUMENT CONTAINING THE APPLICANT'S SOCIAL SECURITY NUMBER TO SERVE AS SUFFICIENT PROOF OF THE EXISTENCE AND VALIDITY OF THEIR SOCIAL SECURITY NUMBER AND TO PROVIDE THAT THE SOCIAL SECURITY NUMBER MAY BE OBTAINED FROM OTHER SOURCES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (Doc. No. 1634A) was adopted as follows:
Amend the bill, as and if amended, Section 56-1-90, as contained in SECTION 1, by adding the following new paragraph at the end:
/"For purposes of this section, when a licensee is applying for a replacement license, the Department must accept an affidavit as evidence that the licensee has previously complied with the licensing requirements provided in this section."/
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1169 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF RAILROAD CROSSINGS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS WITHIN SIXTY DAYS AFTER RECEIPT OF NOTIFICATION FROM THE DEPARTMENT, AND TO PROVIDE THIRTY DAYS FOR THE ERECTION OF CROSSBUCKS AFTER NOTIFICATION FROM THE DEPARTMENT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
Senator LOURIE explained the amendment.
The amendment proposed by the Committee on Transportation (Doc. No. 2888R) was adopted as follows:
Amend the bill, as and if amended, Section 58-17-1450, as contained in SECTION 1, by striking paragraph two and inserting:
/"Removal and elimination of obstructions must be made by the responsible railroad within thirty sixty days of receipt of notification from the Department. Erection of crossbucks and measures to properly place and maintain crossbucks must be performed by the responsible railroad within ten thirty days of receipt of notification from the Department, however, if crossbucks are not present or have been removed, then the railroad has ten days from the notification to erect new crossbucks. Failure of the railroad company to remove or eliminate the obstruction within the railroad's right-of-way and to erect or properly place and maintain crossbucks within the specified time period subjects the railroad company to a civil penalty of not less than one hundred dollars nor more than five hundred dollars. The railroad company is subject to an additional civil penalty of one hundred dollars a day for each day obstructions remain after the specified period and for each day crossbucks are not erected or properly placed and maintained after the specified period."/
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
S. 1202 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 102 SO AS TO PROVIDE FOR THE REGULATION OF AGENT CONTRACTS AND OTHER ACTIVITIES AND RELATIONS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES, TO PROVIDE FOR THE REGISTRATION OF ATHLETE AGENTS, TO REQUIRE STUDENT ATHLETES TO PROVIDE WRITTEN NOTIFICATION TO CERTAIN PERSONS UPON ENTERING INTO A CONTRACT WITH AN ATHLETE AGENT, TO REQUIRE AGENT CONTRACTS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES TO CONTAIN CERTAIN WARNING PROVISIONS, TO PROVIDE THAT FAILURE TO INCLUDE THE WARNING PROVISION RENDERS THE CONTRACT VOID, TO AUTHORIZE CIVIL DAMAGES FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 16-1-10, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE OFFENSES IN CHAPTER 102 ABOVE WHICH ARE FELONIES TO THIS LIST.
Senator POPE explained the Bill.
S. 139 -- Senator Pope: A BILL 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 PLACARDS TO A MAXIMUM PERIOD OF TWO YEARS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (Doc. No. 1635A) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-3-1960(2) of the 1976 Code is amended by adding at the end:
"The placards may be issued and renewed only for a maximum period of four years."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO REVISE THE REQUIREMENTS OF THE PETITION, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 2570J) was adopted as follows:
Amend the bill, as and if amended, page 1, in Section 15-49-10(B), as contained in SECTION 1, by striking line 37 in its entirety and inserting therein the following:
/his minor child may/.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1090 -- Senators Shealy, Horace C. Smith and Bryan: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY CRIME PREVENTION AND REHABILITATION AND PAROLE AS THEY RELATE TO IMPRISONMENT, WAYS TO REDUCE THE STATE'S PRISON POPULATION, AND THE NEED FOR THE CONSTRUCTION OF MORE PRISONS.
Senator McCONNELL raised a Point of Order that under Rule 40, the Joint Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 1140 -- Senators Rose and McGill: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY ALTERNATIVE AND INNOVATIVE METHODS OF FINANCING INFRASTRUCTURE OF PUBLIC HIGHWAY AND UTILITY PROJECTS.
Senator McCONNELL raised a Point of Order that under Rule 40, the Joint Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 3451 -- Reps. Farr, T. Rogers, McBride, Rama, M.D. Burriss, Phillips, Moss, Harwell, Taylor, Wilkes, Littlejohn, T.C. Alexander, J. Brown, Huff, Waldrop, Barfield, D. Williams, Whipper, Glover, Wofford, Keegan, Chamblee, L. Martin, Hodges, Wilder, Blanding, K. Bailey, Snow, Stoddard, Mappus, Winstead, J. Bailey and Wright: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND DELINQUENT REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE FOR THE WAIVER OF THE DELINQUENCY PENALTY FEE OF FIVE DOLLARS IN CASES WHERE THE OWNER DEMONSTRATES THAT HIS PERSONAL ILLNESS WAS THE CAUSE OF HIS FAILURE TO REGISTER AND LICENSE THE VEHICLE AND PAY THE SPECIFIED FEES OR RENEWAL WHEN REQUIRED.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator McLEOD proposed the following amendment (Doc. No. 0452I), which was adopted:
Amend the bill, as and if amended, page one, by striking lines 15 through 20 in their entirety and inserting the following:
"SO AS TO PROVIDE FOR AN INCREASE IN THE DELINQUENCY FEE AND TO PROVIDE FOR A WAIVER OF THE DELINQUENCY FEE IF THE LICENSE PLATE IS SURRENDERED PURSUANT TO SECTION 56-10-240."
Amend title to conform.
Further consideration of the Bill ended when Senator HINSON raised the Point of Order that under Rule 40, the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
On motion of Senator HORACE C. SMITH, the Bill was recommitted to the Committee on Corrections and Penology.
The following Bills were carried over:
S. 548 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-135 SO AS TO PROVIDE THAT NO PRISONER INCARCERATED IN ANY TYPE OF PRISON FACILITY MAY BE FORCED TO EAT OR BE FED INTRAVENOUSLY AGAINST HIS WILL.
Senator SHEALY explained the Bill.
(On motion of Senator SHEALY)
S. 851 -- Senator Lourie: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY AND MODIFICATION OF AN AGREEMENT CREATING AN AUTHORITY OR PLAN OF SERVICE, SO AS TO DELETE THE REQUIREMENT FOR RATIFICATION OF AN AGREEMENT BY THE QUALIFIED ELECTORS WITHIN THE PROPOSED SERVICE AREA AND TO PROHIBIT A SERVICE AREA FROM IMPOSING A TAX OR CHANGING THE LEVEL OF TAX IMPOSED UNLESS A MAJORITY OF THE QUALIFIED ELECTORS WITHIN THE AREA VOTING ON THE QUESTION APPROVE; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO AN AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF AND THE MEMBERSHIP OF CONTIGUOUS COUNTIES AND CITIES, SO AS TO DELETE THE REFERENCES TO THE REQUIRED RATIFICATION.
Senator LOURIE explained the Bill.
(On motion of Senator LOURIE)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1057 -- Senator Russell: A BILL TO AMEND SECTION 53-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROHIBITION ON SUNDAY WORK, SO AS TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO THE SALE OR RENTAL OF PRERECORDED VIDEOTAPES, VIDEOCASSETTE RECORDERS, OR PLAYERS.
Senator RUSSELL moved that the Bill be made a Special Order.
Senator J. VERNE SMITH argued contra to the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Fielding Giese Hayes Helmly Holland Land Lee Leventis Long Lourie Macaulay Martschink McConnell McGill Mullinax Passailaigue Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Stilwell Waddell Williams Wilson
NAYS
Hinson Leatherman McLeod Mitchell Moore Smith, J.V. Smith, N.W. Thomas
The Bill was made a Special Order.
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
Senators WADDELL and SALEEBY asked unanimous consent to make a motion that they be recorded as voting in favor of the amendments proposed by Senator NELL W. SMITH to the Bill and as voting in favor of the second reading of the Bill, not affecting the outcome of either the passage of the amendments or the reading of the Bill.
There was no objection.
S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.
On motion of Senator LOURIE, the Bill was recalled from the Committee on Banking and Insurance.
On motion of Senator LOURIE, the Bill was referred to the Committee on Transportation.
Senator WADDELL moved that the Senate dispense with the Motion Period.
Debate Interrupted
S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Debate was interrupted by adjournment.
At 12:29 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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