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, hear the Word from the Gospel of St. John Chapter 8 (v. 8):
"And you shall know the truth,
And the truth shall make you free".
Let us pray.
O God Most Holy, we are so often in the habit of speaking about values in life on a relative basis... help us to be aware that we should not forsake the absolutes of moral values.
In a world where we are in the habit of looking out horizontally toward our fellow human beings, help us to look perpendicularly and assess our responsibility to our Maker.
In a world where we hear so much wild talk about freedom and rights, let us not forget such words as duty... and obligation... and responsibility.
And so, Mighty Lord, in the quiet of this holy moment hear our prayer:
"Make me a captive, Lord,
and then I shall be free;
Force me to render up my sword,
and I shall conqueror be.
I sink in life's alarms
when by myself I stand;
Imprison me within Thine arms,
and strong shall be my hand."
Then turn us loose in Your world, seeing our duties as clearly as our rights... through Christ our Lord.
Amen.
Senator SHEALY made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SHEALY moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martin Martschink McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 6, 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.
Appointment, Member, Mining Council as the State Development Board representative, with term to expire May 21, 1993:
Lewis Harrison, Post Office Box 226, Roebuck, S.C. 29376 VICE Garnet Barnes
Referred to the Committee on Agriculture and Natural Resources.
February 7, 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.
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1992:
James Wasson, 6 Wood Thrush, Hilton Head Island, S.C. 29926 VICE Ellis Thomas
Referred to the Committee on Medical Affairs.
February 7, 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, Arts Commission, with term to expire June 30, 1993:
Shirley Langdon, Route 6, Box 1284, Aiken, S.C. 29801
Referred to the General Committee.
February 7, 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, State Forestry Commission, with term to expire June 30, 1996:
Boris Hurlbutt, P.O. Drawer 770, Walterboro, S.C. 29488
Referred to the Committee on Fish, Game and Forestry.
February 7, 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, Board of Financial Institutions, with term to expire June 30, 1994:
Charles Laffitte, Jr., Box 158, Hampton, S.C. 29924
Referred to the Committee on Banking and Insurance.
February 7, 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, Barber Board of Examiners, with term to expire June 30, 1994:
Thelma Robinson, 624 Washington Circle, Aiken, S.C. 29801
Referred to the General Committee.
February 7, 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.
Appointment, Member, Alcohol and Drug Abuse Commission, with term to expire June 30, 1992:
Dr. Walter P. (Buddy) Witherspoon, 250 Lancer Drive, Columbia, S.C. 29212 VICE Dr. Joe Henry King (deceased)
Referred to the Committee on Medical Affairs.
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.
Appointment, Member, State Forestry Commission, with term to expire June 30, 1994:
Joel R. Thrift, Route 1, Box 14-A, Westminster, S.C. 29693 VICE John E. Bankhead (deceased)
Referred to the Committee on Fish, Game and Forestry.
February 6, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
As President of the South Carolina Victim Assistance Network, I would like to extend a personal invitation to all South Carolina Senators to attend the annual Legislator's Breakfast as part of the national week long observance of Victim Rights Week. As per our verbal request to Dottie Westbrook Martin, of your office, I am confirming the Legislator's Breakfast on Wednesday, April 25th, 8:30 A.M., at the Radisson Hotel.
The breakfast is being co-sponsored by the following organizations: The South Carolina Victims Assistance Network (SCVAN), The South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA), Mothers Against Drunk Drivers (MADD), Citizens Against Violent Crime (CAVE), and The State Office of Victim Assistance (SOVA).
In 1988 we had twenty-four members of the General Assembly present and in 1989 fifty-two members attended. We look forward to doubling that number in 1990 and ask for your support and assistance in this matter.
We look forward to meeting our Senators at this time.
Sincerely,
Ritchie Tidwell
President, SCVAN
Referred to the Committee on Invitations.
Senator J. VERNE SMITH introduced Dr. Basil Manly of Greenville, Doctor of the Day.
Columbia, S.C., February 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3811 -- Reps. Blackwell and Wilkins: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3989 -- Rep. Kirsh: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO ALLOW INVESTMENTS IN INVESTMENT COMPANIES OR INVESTMENT TRUSTS WHOSE PORTFOLIOS CONSIST SOLELY OF GOVERNMENT SECURITIES; AND TO AMEND SECTION 12-45-220, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO AS TO CONFORM THE LIST OF ALLOWED INVESTMENTS TO THOSE ALLOWED FOR POLITICAL SUBDIVISIONS INCLUDING THE ADDITIONAL ALLOWED INVESTMENTS FOR POLITICAL SUBDIVISIONS AUTHORIZED BY THIS ACT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
S. 1113 -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT THE NUMBER OF INSTRUCTIONAL SCHOOL DAYS REQUIRED PURSUANT TO SECTIONS 59-1-420 AND 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, BE REDUCED BY FIVE DAYS FOR THOSE SCHOOL DISTRICTS WHICH MISSED TEN OR MORE INSTRUCTIONAL DAYS DUE TO HURRICANE HUGO, TO PROVIDE THAT THESE LOCAL SCHOOL DISTRICT BOARDS OF TRUSTEES MAY REQUEST THAT THE STATE BOARD OF EDUCATION WAIVE ADDITIONAL INSTRUCTIONAL DAYS, AND TO PROVIDE FOR THE WAIVER OF STAFF DEVELOPMENT AND TEACHER WORK DAYS IN ORDER TO MAKE UP INSTRUCTIONAL DAYS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 8, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3882 -- Rep. McLellan: A BILL TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL; AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 567 -- Senators Giese and Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING;
AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: A BILL TO AMEND SECTIONS 7-13-430 AND 7-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF BALLOTS REQUIRED TO BE PROVIDED AT VOTING PRECINCTS IN GENERAL AND PRIMARY ELECTIONS, SO AS TO REQUIRE POLL MANAGERS TO PROVIDE BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO MAKE FAILURE TO PROVIDE SUCH BALLOTS WHEN NECESSARY A CRIMINAL OFFENSE PUNISHABLE AS WILFUL NEGLECT OR CORRUPT CONDUCT OF A POLL MANAGER.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 509 -- Senators Wilson, Thomas and Rose: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO INCREASE THE FEDERAL INCOME TAX EXEMPTION FOR DEPENDENT CHILDREN TO FIVE THOUSAND DOLLARS BY 1995 WITH AN IMMEDIATE INCREASE TO THREE THOUSAND DOLLARS AND TO ALLOW A FEDERAL INCOME TAX CREDIT OF ONE THOUSAND DOLLARS FOR EACH CHILD UNDER FIVE YEARS OF AGE IN LOW-INCOME, WORKING FAMILIES IN WHICH AT LEAST ONE PARENT IS EMPLOYED.
Returned with concurrence.
Received as information.
S. 1196 -- Senator Hinds: A CONCURRENT RESOLUTION CONGRATULATING MRS. DEANNA MCCLARY AND HER DAUGHTER, TARA, OF GEORGETOWN COUNTY UPON WINNING THE "MOTHER-DAUGHTER USA" TITLE IN LOS ANGELES RECENTLY.
Returned with concurrence.
Received as information.
S. 1159 -- Senators Waddell, Moore, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF EIGHT HUNDRED THOUSAND DOLLARS FOR USE IN REPLACING FUNDS BORROWED TO CONTINUE THE CHILDREN'S REHABILITATIVE SERVICES PROGRAM.
Returned with concurrence.
Received as information.
S. 1195 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. DEWEY L. BLACKWELL OF BURNETTOWN IN AIKEN COUNTY UPON HIS DEATH FROM INJURIES RECEIVED IN A TRAGIC AUTOMOBILE ACCIDENT.
Returned with concurrence.
Received as information.
S. 1208 -- Senators Williams, Fielding, Gilbert, Mitchell, Patterson, Bryan, Courson, Drummond, Giese, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF THE REVEREND JOHN WESLEY MATTHEWS, SR., OF ORANGEBURG WHO DIED FEBRUARY 2, 1990.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1219 -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE COMMITTEE HEARING ROOM(S) IN THE GRESSETTE BUILDING ON THURSDAY, NOVEMBER 29, 1990 AND FRIDAY, NOVEMBER 30, 1990 TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Referred to the Committee on Invitations.
S. 1220 -- Senators Passailaigue, McConnell and Rose: A CONCURRENT RESOLUTION REQUESTING THE STATE TAX COMMISSION TO STUDY THE FINANCIAL IMPACT TO THE STATE THAT MAY RESULT FROM PENDING LITIGATION CHALLENGING STATE CORPORATE OR PERSONAL INCOME TAX LAWS AND TO REQUEST THE TAX COMMISSION TO MAKE A REPORT TO THE GENERAL ASSEMBLY AS TO THE EFFECT THE LAWSUITS MAY HAVE UPON THE GENERAL FUND OF THE STATE.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1221 -- Senators Mullinax, Nell W. Smith, McGill, Gilbert, Macaulay, Setzler, Long, Moore, J. Verne Smith and Rose: A BILL TO AMEND SECTION 43-5-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORK REGISTRATION REQUIREMENTS UNDER PUBLIC AID ASSISTANCE PROGRAMS, SO AS TO REVISE CERTAIN EXCEPTIONS TO THESE WORK REGISTRATION REQUIREMENTS; AND TO AMEND SECTION 43-5-550, RELATING TO A STATE PLAN FOR THE DESIGN, IMPLEMENTATION, AND OPERATION OF A WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO FURTHER PROVIDE FOR INDIVIDUAL EMPLOYABILITY PLANS WHICH MUST BE WRITTEN RESPONDING TO THE NEEDS OF EACH CLIENT.
Read the first time and referred to the General Committee.
S. 1222 -- Senator Williams: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.
Read the first time and referred to the Committee on Judiciary.
S. 1223 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
Read the first time and referred to the Committee on Medical Affairs.
S. 1224 -- Senators Mullinax, McGill, Gilbert, O'Dell and Hinds: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF MOTOR VEHICLE DEALER AND WHOLESALER LICENSE PLATES BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A DEALER PLATE MAY NOT BE ISSUED UNLESS THE APPLICANT FURNISHES PROOF THAT THE APPLICANT HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN RETAIL SALES OF MOTOR VEHICLES IN THE TWELVE MONTHS PRECEDING THE APPLICATION.
Read the first time and referred to the Committee on Transportation.
S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.
Read the first time and referred to the Committee on Transportation.
S. 1226 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 5 OF TITLE 57 SO AS TO PROVIDE FOR THE REGISTRATION AND REMOVAL OF UTILITY SERVICES LOCATED ON DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RIGHTS-OF-WAY AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Transportation.
S. 1227 -- Senators Shealy, Martschink, Setzler, Bryan, Wilson and Rose: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 SO AS TO PROVIDE SPECIAL MOTOR VEHICLE LICENSE PLATES FOR MEMBERS OF THE UNITED STATES NAVAL RESERVE.
Read the first time and referred to the Committee on Transportation.
S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68 - WATER CLASSIFICATIONS AND STANDARDS AND 61-69 - CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, 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. 1229 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, 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. 1230 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING PROFESSIONAL EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, 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. 1231 -- Senator Holland: A SENATE RESOLUTION EXTENDING CONGRATULATIONS TO THE FOOTBALL TEAM OF CENTRAL HIGH SCHOOL OF PAGELAND IN CHESTERFIELD COUNTY ON CAPTURING THE STATE AA CHAMPIONSHIP FOR THE 1989 SEASON.
On motion of Senator HOLLAND, the Resolution was adopted.
S. 1232 -- Senator Mitchell: A BILL TO REQUIRE DATING SERVICES DOING BUSINESS IN THIS STATE TO REQUIRE THEIR CUSTOMERS, CLIENTS, OR PATRONS TO UNDERGO AN EXAMINATION FOR ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND OTHER SEXUALLY TRANSMITTED DISEASES PRIOR TO PROVIDING SERVICES.
Read the first time and referred to the Committee on Medical Affairs.
Senator MITCHELL spoke on the Bill.
H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-285 SO AS TO PROVIDE THAT A LICENSE FOR A COMMUNITY RESIDENTIAL CARE FACILITY MUST NOT BE ISSUED WITHOUT AN INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
Read the first time and referred to the Committee on Medical Affairs.
H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: 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.
Read the first time and on motion of Senator HAYES, with unanimous consent, was ordered placed on the Calendar without reference, as a substitute for S. 941, which was recommitted to the Committee on Judiciary.
On motion of Senator HAYES, with unanimous consent, H. 4234 was ordered to receive a second reading, with notice of general amendments on Friday, February 9, 1990.
H. 4472 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Kay and Tucker: A CONCURRENT RESOLUTION URGING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT THE PROPOSAL OF THE SOUTH ANDERSON MANUFACTURING PLANT MANAGERS TO CONSTRUCT A BY-PASS HIGHWAY EXTENDING FROM HIGHWAY 29 NORTH TO HIGHWAY 29 SOUTH, WITH AN ADDITIONAL EXTENSION FROM HIGHWAY 29 SOUTH TO HIGHWAY 24, IN ANDERSON COUNTY.
Referred to the Committee on Transportation.
H. 4588 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. CHARLIE JAMES (BUCK) GAMBLE OF CLARENDON COUNTY, CO-FOUNDER OF THE WALKER-GAMBLE SCHOOL OF THE EAST CLARENDON SCHOOL DISTRICT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4594 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND PRICE'S STORE FOR MEN IN SPARTANBURG FOR OPERATING A POPULAR AND SUCCESSFUL BUSINESS SINCE 1903.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4595 -- Reps. Washington, Mappus, Rama, Whipper, Holt, D. Martin, Hallman, Kohn, Winstead and J. Bailey: A CONCURRENT RESOLUTION TO COMMEND CHARLESTON COUNTY RADIO STATION WPAL FOR ITS TREMENDOUS ASSISTANCE TO THE COUNTY AND STATE DURING AND AFTER HURRICANE HUGO.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4596 -- Reps. D. Williams, Wofford, H. Brown and J. Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. MAUDE E. CALLEN OF THE PINEVILLE COMMUNITY IN BERKELEY COUNTY, UPON HER DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4597 -- Rep. Farr: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES WALLACE (JIMMY) BLACKWOOD, SR., FORMER MAYOR OF UNION, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4598 -- Rep. Farr: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF LARKIN H. JENNINGS, JR., OF UNION COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4607 -- Reps. Klapman, T. Rogers, Koon, Quinn, Sharpe, Derrick, Sturkie, T.M. Burriss, Waites, Corning and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM O. "BILL" ROWELL OF LEXINGTON FOR HIS ELECTION TO THE NATIONAL BOARD OF THE ASSOCIATION OF COMMUNITY COLLEGE TRUSTEES, AND FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4608 -- Reps. Koon, Mappus, Barber, Hallman, Holt, Rama, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Lanford, Limehouse, Littlejohn, Manly, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MISS CARMEL ANN GOODSTEIN OF NORTH CHARLESTON WHO WAS KILLED DURING THE LEGISLATIVE INTERIM IN THE CRASH OF UNITED AIRLINES FLIGHT 232 IN SIOUX CITY, IOWA.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4609 -- Reps. Koon, Rama, Hallman, Whipper, Mappus, Sturkie, Winstead, Holt, J. Bailey, Washington, D. Martin, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF JAMES D. (DAVID) CLELAND, JR., OF NORTH CHARLESTON WHO WAS KILLED DURING THE LEGISLATIVE INTERIM IN THE CRASH OF UNITED AIRLINES FLIGHT 232 IN SIOUX CITY, IOWA.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4617 -- Reps. Keyserling, J. Harris, H. Brown, T. Rogers and Nesbitt: A CONCURRENT RESOLUTION TO COMMEND GUY F. LIPSCOMB FOR HIS EXTRAORDINARY SERVICE TO THE SOUTH CAROLINA STATE MUSEUM FOR THE BENEFIT OF ALL SOUTH CAROLINIANS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
S. 821 -- Senators Passailaigue and Waddell: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR GEOLOGISTS, RELATING TO CONTINUING EDUCATION, GRADUATE DEGREE CREDIT, EXAMINATIONS, RENEWAL OF CERTIFICATE, ROSTER OF REGISTRANTS, SCHEDULE OF FEES, AND REINSTATEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1119, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:
S. 925 -- Senator Pope: A BILL TO AMEND CHAPTER 15, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-15-615 SO AS TO PROVIDE THAT INDIVIDUALS, CORPORATIONS, PARTNERSHIPS, OR OTHER BUSINESS ENTITIES SHALL NOT BE REQUIRED TO BE REPRESENTED BY AN ATTORNEY IN A PROCEEDING BEFORE THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 3130 -- Rep. McEachin: A BILL TO AMEND SECTION 40-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OR REGISTRATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO REVISE AND LIMIT THE AMOUNT OF THE ANNUAL LICENSE OR REGISTRATION FEE WHICH MAY BE CHARGED BY THE STATE BOARD OF DENTISTRY.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 3639 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
H. 4428 -- Rep. Davenport: 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 PROVIDE FOR THE APPOINTMENT OF A MEMBER FROM THE SENATE AND A MEMBER FROM THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Registered Cosmetologist Associations to attend a Legislative reception at the Town House on April 3, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Association of Non-Profit Homes for the Aging to attend a reception at the S.C. Episcopal Home on Tuesday, May 15, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Association of Citadel Men to attend a barbecue at the Cantey Building on Wednesday, May 16, 1990, beginning at 6:30 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation to the Central High School Eagles Football team and coaches of Pageland to attend in the Senate Chamber for introduction.
On motion of Senator MOORE, the invitation was accepted.
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.
On motion of Senator HAYES, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
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.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
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 following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
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.
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.
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.
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.
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. 774 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 TO TITLE 15 SO AS TO PROVIDE FOR THE "VOLUNTEER PROTECTION ACT OF 1989".
On motion of Senator LAND, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MARTSCHINK explained the amendment.
The amendment proposed by the Committee on Judiciary (Doc. No. 2536J) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 15-78-30(c) of the 1976 Code is amended to read:
"(c) Prior to January 1, 1989, 'Employee' means any officer, employee, volunteer, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession.
On or after January 1, 1989, 'Employee' means any officer, employee, volunteer, or agent of the State or its political subdivisions, including elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of a governmental entity in the scope of official duty, whether with or without compensation, but the term does not include an independent contractor doing business with the State or any political subdivision thereof. Custody of prisoners by the State or any of its political subdivisions does not in and of itself create an employer and employee relationship between the State and the prisoner. Provided, the provisions of this section shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity."
SECTION 2. Section 33-55-210(A) of the 1976 Code is amended to read:
"(A) Any person sustaining damages, an injury or dying by reason of the tortious act of commission or omission of an employee or volunteer of a charitable organization or nonprofit organization, as defined in Section 27-45-10(B), when the employee is acting within the scope of his employment, may only recover in any action brought against the charitable organization or nonprofit organization, as defined in Section 27-45-10(B), for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. An action against the charitable organization or nonprofit organization, as defined in Section 27-45-10(B), under Sections 33-55-210 through 33-55-230 constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable such organizations whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and, in such case, the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization or nonprofit organization, as defined in Section 27-45-10(B), may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization or nonprofit organization, as defined in Section 27-45-10(B), for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be so reasonably determined."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 1179 -- Senators Courson and Passailaigue: A BILL TO AMEND SECTION 50-17-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF SHRIMP, SO AS TO MAKE PENALTIES FOR TAKING SHRIMP OVER BAIT WITHOUT A PERMIT DISCRETIONARY INSTEAD OF MANDATORY.
The Senate proceeded to a consideration of the Bill. The question being third reading of the Bill.
Senator McCONNELL proposed the following amendment (Doc. No. 4988P), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 21, by striking SECTION 1 in its entirety and inserting therein:
/SECTION 1. Section 50-17-660(J) of the 1976 Code, is amended to read:
"(J) Any person who violates the provisions of subsection (C) or (D) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined two hundred dollars or imprisoned for not more than thirty days, and the catch must be seized and forfeited as provided in Section 50-17-650. Any person who violates these subsections for a second or subsequent offense is guilty of a misdemeanor and must be fined two hundred dollars or imprisoned for not more than thirty days and the boat, motor, trailer, rigging, coolers, fishing devices, and catch must be seized and forfeited as provided in Section 50-17-650.
Upon presentation of evidence of the issuance of the shrimp baiting permit and associated tags required by this section prior to his arrest, any person charged with a first offense violation of Section 50-17-660(C) must not be fined or imprisoned under the provisions of this subsection."/
Amend title to conform.
Senator McCONNELL explained the amendment.
On motion of Senator McCONNELL the amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
S. 580 -- Senators Horace C. Smith and Lee: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
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.
The following Bills having been read the second time were passed and ordered to a third reading:
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.
On motion of Senator GIESE, S. 548 was ordered to receive a third reading on Friday, February 9, 1990.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator HAYES explained the amendment.
On motion of Senator HAYES, the amendment proposed by the Committee on Judiciary (Doc. No. 2622J) was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 5 of Section 44-52-165(A), as contained in SECTION 1, by striking /have access to or/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HAYES, S. 938 was ordered to receive a third reading on Friday, February 9, 1990.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (Doc. No. 0607o) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 55, Title 40 of the 1976 Code is amended by adding:
"Section 40-55-85. The board shall promulgate regulations in accordance with the provisions of the Administrative Procedures Act implementing the requirements for continuing education which must be met by each person licensed as a psychologist under the provisions of this chapter. Each applicant for license renewal shall present evidence satisfactory to the board that he has met the continuing education requirements as set by the regulations."
SECTION 2. The State Board of Examiners in Psychology shall promulgate regulations implementing the requirements for continuing education under Section 40-55-85, as added in Section 1 of this act, by January 1, 1991.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LOURIE, with unanimous consent, S. 945 was ordered to receive a third reading on Friday, February 9, 1990.
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.
Senator LONG objected to a consideration of the Bill.
The following Bills and Joint Resolution were carried over:
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.
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 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.
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.
Senator McCONNELL raised a 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.
S. 1178 -- Senator Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE AMERICAN INSTITUTE OF BANKING.
Senator McCONNELL raised a 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.
S. 1191 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NORTHBRIDGE TERRACE RECREATIONAL PARK IN CHARLESTON COUNTY.
Senator McCONNELL raised a 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. 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.
Senator McCONNELL raised a 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. 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.
Senator McCONNELL raised a 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. 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.
Senator McCONNELL raised a 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. 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.
Senator McCONNELL raised a 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. 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.
Senator McCONNELL raised a 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.
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".
Senator McCONNELL raised a 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.
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.
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. 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.
Senator McCONNELL raised a 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.
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.
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.
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 CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
On motion of Senator McLEOD, the Bill was carried over in the status of Interrupted Debate.
Motion Adopted
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
Amended And Read, 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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator McLEOD, with unanimous consent, the following amendment (Doc. No. 0494X), without prejudice to any other amendments that were on the desk, was taken up for immediate consideration:
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, the General Assembly finds that there exists an important and compelling state interest in protecting minors against their own immaturity, fostering the family structure and preserving it as a viable social unit, and protecting the rights of parents to rear children who are members of their household; and
Whereas, the General Assembly finds that immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences. The medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature. The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not related necessarily. Parents ordinarily possess information essential to a physician's exercise of his best medical judgment concerning the child; and parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after the abortion; and
Whereas, the General Assembly further finds that parental consultation usually is desirable and in the best interests of the minor. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 41, Title 44, of the 1976 Code is amended by adding:
"Section 44-41-31. No person may perform an abortion upon a minor unless consent is obtained in accordance with one of the following provisions:
(1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and witnessed, of one parent or a legal guardian of the minor, and the informed written consent of the pregnant minor;
(2) the minor is emancipated and the attending physician or his agent has received the informed signed written consent of the minor; or
(3) the attending physician or his agent has received the order of the court obtained by the minor pursuant to this chapter.
Section 44-41-32. Every minor has the right to petition the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1). In seeking this relief the following procedures apply:
(1) The minor may prepare and file a petition in either the circuit or family court. The petition may be filed in the name of Jane Doe to protect the anonymity of the minor.
(2) The department, upon request of the minor, shall provide assistance to the minor in preparing and filing the petition. The agency shall promulgate regulations establishing the procedures to be followed in providing this assistance.
(3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on her own behalf, but the court shall advise her that she has a right to court-appointed counsel and shall provide her with counsel upon her request.
(4) All proceedings pursuant to this section must be given precedence over other matters pending before the court.
(5) The court shall hold a hearing and rule on the merits of the petition within seventy-two hours of the filing of the petition. This time may be extended upon the request of the minor. The court shall consider the emotional development, maturity, intellect, and understanding of the minor; the nature and possible consequences of the abortion and of the alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted the right on her own behalf to consent to the abortion or whether the abortion is in the best interest of the minor.
Section 44-41-33. (A) The court shall enter a written order stating findings of fact and conclusions of law in support of its decision to:
(1) grant the minor the right on her own behalf to consent to the abortion if the court finds that the minor is mature and well-informed enough to make the abortion decision on her own;
(2) grant consent for the abortion if the court finds that the performance of the abortion would be in the minor's best interest; or
(3) deny the petition if the court finds that the minor is immature and that performance of the abortion would not be in the minor's best interest.
(B) The court shall immediately issue a written order to the minor, her guardian ad litem, attorney, or other person designated by the minor to receive notice on her behalf.
Section 44-41-34. (A) A minor has the right to appeal to the Supreme Court a decision rendered pursuant to Section 44-41-33. She is entitled to an anonymous and expeditious appellate review which takes precedence over other matters pending before the court.
(B) A minor who declares she has insufficient funds to pursue the procedures provided in this section or in Section 44-41-32 must not be required to pay the costs associated with these procedures.
(C) The notice of intent to appeal must be filed with the court issuing the order described in Section 44-41-33 within twenty-four hours from the date the order is received. The record on appeal must be completed and the appeal must be perfected within ten days from the filing of the notice of intent to appeal. These filing requirements are not considered jurisdictional and may be extended by the Supreme Court upon the request of the minor.
(D) All hearings conducted under Sections 44-41-32 and 44-31-34 must be closed to the public. All records related to these sections and Section 44-41-33 are not open to public examination and must be sealed by the court.
(E) The Supreme Court shall adopt rules necessary to carry out the provisions of Sections 44-41-32, 44-41-33, and 44-41-34.
Section 44-41-35. Failure to obtain required consent constitutes prima facie evidence of interference with family relations in appropriate civil actions. The law of this State does not preclude the award of exemplary damages in an appropriate civil action relevant to violations concerning a minor. Nothing in this chapter may be construed to limit the common law rights of parents.
Section 44-41-36. (A) A person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement in Sections 44-41-10 through 44-41-36 is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars or imprisoned for not more than three years, or both. No part of the minimum fine may be suspended. For conviction of a third or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, none of which may be suspended.
(B) A physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith is justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this chapter. A physician or other person who furnishes professional services related to an act authorized or required by this chapter and who relies upon the information furnished pursuant to this chapter may not be held to have violated any criminal law or to be civilly liable for the reliance, provided that the physician or other person acted in good faith.
Section 44-41-37. A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the consent required in Section 44-41-31(1)."
SECTION 2. Section 44-41-10 of the 1976 Code is amended by adding:
"(m) 'Minor' means a female under the age of seventeen.
(n) 'Emancipated minor' means a minor who is or has been married or has by court order otherwise been freed from the care, custody, and control of her parents."
SECTION 3. Section 44-41-10(a) of the 1976 Code is amended to read:
"(a) 'Abortion' means the termination of human pregnancy by any act, device, instrument, procedure, medicine, prescription, or substance administered to or prescribed for a pregnant woman by any person, including the pregnant woman, with an intention other than delivery of a viable birth or removal of a dead fetus use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus."
SECTION 4. Section 44-41-30 of the 1976 Code is amended to read:
"Section 44-41-30. Consent shall be required prior to the performance of an abortion from the following persons:
(a) From the pregnant woman in every case except where there is a medical emergency involving the life of the pregnant woman or where the pregnant woman has been adjudicated mentally incompetent.
(b) If the woman is unmarried and less than sixteen years of age, consent shall be also obtained from either parent with legal custody or her legal guardian or from any other person standing in loco parentis.
(c) If the woman is under adjudication of mental incompetency by a court of competent jurisdiction, consent must be obtained from her spouse, if married, or from her legal guardian; or if not married and under sixteen years of age from either parent with legal custody or from her legal guardian or any other person standing in loco parentis; or if not married and over sixteen years of age from her legal guardian or a parent.
(d) The consents provided for by subsections (b) and (c) of this section shall not be required if in the best medical judgment of the physician the abortion is necessary to preserve the life of the woman.
(A) Consent is required before the performance of an abortion from the pregnant woman in every case and in the case of a minor, it must be obtained pursuant to the provisions of Section 44-41-31.
(B) In the case of a woman who is under adjudication of mental incompetency by a court of competent jurisdiction, consent must be obtained from her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian.
(C) Notwithstanding the consent required in subsections (A) and (B) consent must be waived if:
(1) a physician determines that a medical emergency exists involving the life of or grave physical injury to the pregnant woman; or
(2) the pregnancy is the result of incest.
(D) In cases of incest the physician performing the abortion shall report the alleged incest to the local county department or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State.
(E) Nothing in this section permits a physician to perform an abortion without first obtaining the consent of the pregnant woman if she is capable of giving consent."
SECTION 5. Section 44-41-60 of the 1976 Code is amended to read:
"Section 44-41-60. Any abortion performed in this State shall must be reported by the performing physician on the standard form for reporting abortions to the state registrar, Department of Health and Environmental Control, within seven days after the abortion is performed provided that the name of the patient shall may not be reported on such the form or otherwise disclosed to such the state registrar. The form must indicate from whom consent was obtained or circumstances waiving consent."
SECTION 6. If a provision of this act or the application of it to a person or circumstance is held invalid, this invalidity does not affect the provisions or application of this act which can be given effect without the invalid provision or application, and the provisions of this act are declared to be severable.
SECTION 7. This act takes effect ninety days after approval by the Governor./
Amend title to conform.
Senator McLEOD explained the amendment.
Senator McLEOD moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed that upon the conclusion of consideration of H. 3122, that the Senate proceed to a consideration of S. 1157.
There being no further amendments, the Bill, H. 3122, was read the second time, passed and ordered to a third reading with notice of general amendments, to remain in the status of Special Order, on motion of Senator McLEOD, with unanimous consent.
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.
By prior motion of Senator WILLIAMS, the Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SHEALY proposed the following amendment (Doc. No. 0447X), which was carried over and later withdrawn:
Amend the bill, as and if amended, in Section 45-9-80 of Article 3, on page 6, by striking on line 15 /immediately revoked/ and inserting /revoked immediately upon expiration of the time allowed for an appeal if no appeal has been filed. After appeals, if the commission is not reversed, the license must be suspended as provided in this article/
Amend title to conform.
On motion of Senator SHEALY, with unanimous consent, the amendment was carried over.
Senator SHEALY proposed the following amendment (Doc. No. 0446X), which was carried over and later withdrawn:
Amend the bill, as and if amended, by adding at the end of Section 45-9-100 of Article 5, on page 7:
/Attorney's fees may not exceed thirty percent of the amount of damages awarded./
Amend title to conform.
On motion of Senator SHEALY, with unanimous consent, the amendment was carried over.
Senator SHEALY proposed the following amendment (Doc. No. 0445X), which was carried over and later withdrawn:
Amend the bill, as and if amended, in Section 45-9-50 of Article 3, on page 5, by adding at the end of the second sentence:
/The hearing may not be held before the expiration of seven days after receipt of the notice showing delivery of the certified mail./
Amend title to conform.
On motion of Senator SHEALY, with unanimous consent, the amendment was carried over.
Senator SHEALY proposed the following amendment (Doc. No. 0448X), which was carried over and later withdrawn:
Amend the bill, as and if amended, in Section 45-9-80 of Article 3, page 6, by adding at the end of the first paragraph:
/If the action prohibited under this chapter is by an employee or agent not done in the presence of the employer, manager, or other person in charge, without knowledge, consent, or approval of the person in charge, the license revocation revisions do not apply./
Amend title to conform.
On motion of Senator SHEALY, with unanimous consent, the amendment was carried over.
Senators WILLIAMS and ROSE proposed the following amendment (Doc. No. 2643J, G2), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Title 45 of the 1976 Code is amended by adding:
Section 45-9-10. (A) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in Article 1 of this chapter, without discrimination or segregation on the ground of race, color, religion, or national origin.
(B) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this chapter if discrimination or segregation by it is supported by state action:
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station;
(3) any hospital, clinic, or other medical facility which provides overnight accommodations;
(4) any retail or wholesale establishment;
(5) any motion picture house, theater, concert hall, billiard parlor, saloon, barroom, golf course, sports arena, stadium, or other place of amusement, exhibition, recreation, or entertainment; and
(6) any establishment which is physically located within the premises of any establishment otherwise covered by this subsection, or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment.
(C) 'Supported by state action' means the licensing or permitting of any establishment or any agent of an establishment listed above, subject to the exclusion provided in Section 45-9-20, which has or must have a license or permit from the State, its agencies, or local governmental entities to lawfully operate.
Section 45-9-20. The provisions of this chapter do not apply to a private club or other establishment not in fact open to the general public.
Section 45-9-30. No person shall withhold, deny, or attempt to withhold or deny, or deprive, or attempt to deprive any person of any right or privilege secured by the provisions of Section 45-9-10; or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by the provisions of Section 45-9-10; or punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by the provisions of Section 45-9-10.
Section 45-9-40. Whenever the Attorney General has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by the provisions of Article 1, and that the pattern or practice is of such a nature so as to deny the full exercise of the rights described in the provisions of Article 1, the Attorney General shall notify the State Law Enforcement Division which must conduct an investigation. The results of this investigation must be reported to the Attorney General. If the Attorney General has reasonable cause to believe that the facts alleged, based upon the results of this investigation, are sufficient to state a violation of Article 1 by a pattern or practice of discrimination or segregation, the Attorney General or his designee must commence an action by filing a complaint with the State Human Affairs Commission and serving, by certified mail, return receipt requested, the parties named therein. If a person alleged to have violated the provisions of Article 1 is an employee or agent of an establishment as defined in Section 45-9-10, the Attorney General must make a diligent effort to include in the complaint the name of the employer, principal, or any third party who may be the holder of a license or permit under which the establishment or an agent of the establishment operates. The complaint must set forth a description of the charges, including the facts pertaining to the pattern or practice of discrimination or segregation and a listing of those licenses or permits which are sought to be revoked under the provisions of this article, and must state clearly the remedy or penalty available pursuant to Sections 45-9-60 and 45-9-80 if the allegations are found to be true.
Section 45-9-50. A panel of not fewer than five commission members, designated by the chairman, must conduct a hearing on the allegations contained in the complaint by the Attorney General within sixty days of its filing, but not sooner than twenty days from the date of the filing of the complaint. The panel, for cause shown, may at any time in its discretion (1) with or without written motion or notice order the period of time prior to the hearing enlarged if request therefor is made before the expiration of the time period as originally prescribed or extended or (2) upon motion made after the expiration of the specified time period, for good cause shown, permit a continuance or further extension.
Notification of the hearing must be sent by certified mail, return receipt requested. The notification of the hearing must include a description of the charges, the date, time, and location of the hearing, and a statement in bold type that a failure to appear may result in revocation of licenses or permits under which the establishment or an agent of the establishment operates. The notice must be sent to the person or group of persons accused of discriminatory conduct as well as to all persons listed in the Attorney General's complaint as having been aggrieved by the alleged discriminatory conduct. The notice also must be sent to any employer, principal, or any third party who may be the holder of a license or permit under which the establishment or an agent of the establishment operates.
Section 45-9-60. The commission may establish rules of procedure for the conduct of the panel hearings as provided in this article and is not governed by the Administrative Procedures Act in establishing these rules or in the conduct of panel hearings. The commissioner, upon request of the panel conducting a hearing, may issue subpoenas and subpoenas duces tecum to allow the panel to interview any person it deems necessary and review any document it deems relevant.
A person or group of persons charged in the complaint with engaging in a pattern or practice of discrimination or segregation in violation of Article 1 shall have the right in the hearing to present physical and documentary evidence, the testimony of witnesses, and other relevant information. In procuring the testimony of witnesses, such persons shall have the benefit of the commissioner's subpoena power. Such persons shall have the right to appear before the panel and be represented by an attorney, to call witnesses, to confront and cross examine adverse witnesses, and to make oral and written legal arguments.
All testimony given must be under oath in the presence of a court reporter who shall record the proceedings. The rules of evidence applicable in circuit court shall be used in all hearings. Except to the extent necessary to establish a pattern or practice of discrimination or segregation or to allow for the participation of those intervenors as may be allowed by Section 45-9-70, the panel conducting the hearing must limit the scope of the hearing to the items delineated in the description of the charges or in the allegations in the complaint.
Notwithstanding any other provision of law to the contrary, all deliberations and votes of the panel may be conducted in executive session. The deliberations, findings, and conclusions of the panel are confidential and may not be disclosed by any person until the final order or determination is made public as provided in this article.
Except as otherwise provided by this article, if it is determined that the rights and privileges secured by Article 1 have been violated by a pattern or practice of discrimination or segregation by an owner of an establishment, an employee of an establishment, or an agent of an establishment, the panel shall grant the relief authorized in Section 45-9-80. The panel may further order any persons found to have violated the provisions of Article 1 by a pattern or practice of discrimination or segregation to reimburse the State for the actual costs incurred in conducting the hearing, including reasonable attorney's fees.
Section 45-9-65. No establishment or agent of an establishment shall be compelled to forfeit a license or permit because of the actions of an employee who has no authority to determine who shall enjoy the goods, services, facilities, privileges, and advantages of an establishment of public accommodations as defined in Section 45-9-10. If the panel finds that a pattern or practice of discriminatory conduct by such an employee was known, or was so open and notorious that it reasonably should have become known to the licensee, permittee, or its managing agent, and such licensee, permittee, or agent did not stop the discriminatory conduct, the license or permit may be revoked.
A panel may find a pattern or practice of discriminatory conduct violating Article 1 and not revoke a particular license or permit under which an establishment or agent of an establishment operates if:
(1) the panel concludes the establishment is one of public necessity and the revocation of a license or permit to operate would be severely detrimental to the community and that the establishment is acting to eliminate any discriminatory conduct; or
(2) the panel concludes that the pattern or practice of discriminatory conduct is limited to a segment of the establishment's operations and concludes that only the licenses or permits issued to operate that segment may be revoked; or
(3) the panel concludes that the pattern or practice of discriminatory conduct is limited to one person or a group of persons whose licenses or permits may be revoked.
Section 45-9-70. (A) Upon timely application anyone shall be permitted to intervene in an action when the applicant claims an interest relating to the allegations of the complaint and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
(B) Upon timely application anyone may be permitted to intervene in an action when an applicant's claim or defense and the main action have a question of law or fact in common. In exercising its discretion, the panel shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
(C) A person desiring to intervene shall timely serve a motion to intervene upon the panel. The motion shall state the ground therefor and shall be accompanied by a statement setting forth the claim or defense for which intervention is sought.
Section 45-9-75. The final decision or order of the panel must be in writing and shall include the findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The panel must list licenses or permits to be revoked in its order. No finding or conclusion may be included in the order of the panel unless it is supported by substantial evidence in the record before the panel.
The commission must send copies of the final order of determination to each party named in the complaint, any attorney of record, and any other interested party within fifteen days of the conclusion of the hearing.
Notwithstanding any other provision of law, the determination by the panel is not subject to appeal to the full commission and is the final administrative review. Any appeal must be made pursuant to Sections 1-23-380 and 1-23-390.
Section 45-9-80. Notwithstanding any other provision of law or ordinance to the contrary, if the panel determines that the provisions of Article 1 have been violated by a pattern or practice of discrimination or segregation by the owner of an establishment, an employee of an establishment, or an agent of an establishment of public accommodations as defined in Section 45-9-10, the Attorney General must immediately notify the appropriate state or local permitting, regulatory, or licensing authority that those licenses or permits so designated in the panel's order must be immediately revoked.
If necessary, a writ of mandamus may be sought by the Attorney General or any individual to effectuate the provisions of this section. Nothing in this section shall be construed as requiring the issuance of a writ of mandamus, and no civil action shall lie against any regulatory or licensing official acting pursuant to an order of the panel.
No owner of an establishment, employee of an establishment, or agent of an establishment who is found to have violated the provisions of Article 1 by a pattern or practice of discrimination or segregation may obtain a license or permit from the same regulatory or licensing entity or seek the reissuance of a revoked license or permit within three years from the date of the panel's order or a final determination of a court of competent jurisdiction, whichever is later.
Section 45-9-85. Any person violating the confidentiality provision of Section 45-9-60 is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or imprisoned for not more than one year, or both, in the discretion of the court. If the person convicted is an officer or employee of the State, he shall be dismissed from office or employment and shall be ineligible to hold any public office or public employment in this State for a period of three years after such conviction.
Section 45-9-90. Any person violating the provisions of Article 1 is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not less than one year, or both, in the discretion of the court. Each violation is considered a separate offense.
Section 45-9-100. Subject to the limitations in Section 45-9-110, a party aggrieved as a result of a person or group of persons violating the provisions of Article 1 may institute an action in his own name in the circuit court to recover damages for violations of Article 1. A single act of discrimination or segregation may constitute proof of a violation of Article 1 without the necessity of proving a pattern or practice of discrimination or segregation. Upon a finding that a person has violated the provisions of Article 1, the amount of damages that an aggrieved party has sustained is declared to be a minimum of five thousand dollars. In addition, the court, upon a finding that a person violated the provisions of Article 1, shall award the aggrieved party reasonable attorney's fees, as determined by the court, and costs.
Section 45-9-110. An aggrieved party must file a charge alleging unlawful discrimination or segregation under Article 1 with the State Human Affairs Commission and seek conciliation of any civil action under Section 45-9-100 prior to bringing such action in the circuit court. The commission has sixty days to investigate the charge, attempt conciliation, and negotiate a settlement. The commission may establish regulations governing the conciliation of a charge filed pursuant to this section, but the failure to promulgate regulations shall not relieve a party from the requirements of this section. No civil action may be commenced by an aggrieved party until sixty days after the filing of the charge with the commission or until the commission issues a letter stating that the conciliation process has concluded, whichever occurs first. After the sixty-day period has expired, the person filing the charge is deemed to have exhausted his administrative remedy notwithstanding whether the commission has concluded its attempts at conciliation.
Section 45-9-120. The limitations on the right to pursue a civil action in Section 45-9-110 shall not be construed to limit the right to pursue the license or permit revocation procedure provided in Article 3 or the criminal penalties provided in Section 45-9-90. The penalties and remedies provided in Article 5 may be pursued as independent actions and may not be construed as prohibiting or limiting the right to pursue the administrative remedy provided in Article 3."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator WILLIAMS argued in favor of the adoption of the amendment.
Senator WILLIAMS moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY proposed the following amendment (Doc. No. 2631J), which was adopted:
Amend the bill, as and if amended, page 8, in Section 45-9-65, in Article 3, as contained in SECTION 1, by adding at the end of the first paragraph:
/If the action prohibited in Article 3 is committed by an employee or agent, and is not done in the presence of the employer, manager, or other person in charge, and is done without knowledge, consent, or approval of the person in charge, the license or permit revocation provisions do not apply./
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY proposed the following amendment (Doc. No. 0460I, G2), which was adopted:
Amend the bill, as and if amended, page 5, in Section 45-9-50, Article 3, as contained in SECTION 1, by adding at the end of the second paragraph:
/A license or permit of any party, for whom there is no receipt of the notice showing delivery or attempted delivery of the certified mail, shall not be revoked./
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY proposed the following amendment (Doc. No. 2632J), which was adopted:
Amend the bill, as and if amended, page 10, beginning on line 9 of Section 45-9-80, in Article 3, as contained in SECTION 1, by striking the words /immediately revoked/ and inserting:
/revoked immediately, notwithstanding the provisions of Section 1-23-380(C), upon expiration of the time allowed for an appeal if no appeal has been filed. After appeals, if the panel's order is not reversed, the license or permit must be revoked as provided in this article./
Amend title to conform.
Senator SHEALY explained the amendment.
Senator SHEALY moved that the amendment be adopted.
The amendment was then adopted.
Senator SHEALY proposed the following amendment (Doc. No. 2630J), which was tabled:
Amend the bill, as and if amended, page 12, by adding at the end of Section 45-9-100, in Article 5, as contained in SECTION 1, the following:
/Attorney's fees may not exceed thirty percent of the amount of damages awarded./
Amend title to conform.
Senator SHEALY explained the amendment.
Senator WILLIAMS argued contra to the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator SHEALY, with unanimous consent, the amendments proposed by Senator SHEALY (Doc. Nos. 0447X, 0446X, 0445X and 0448X) which were previously carried over, were withdrawn.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MOORE, with unanimous consent, S. 1157 was ordered to receive a third reading on Friday, February 9, 1990.
Senator LEATHERMAN was granted a leave of absence for the remainder of the day.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator RUSSELL spoke in favor of the Bill.
Senator J. VERNE SMITH argued contra to the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Hayes Lee Leventis Long Lourie Macaulay Martin Martschink McConnell Mullinax Passailaigue Patterson Peeler Pope Rose Russell Saleeby Shealy Smith, H.C. Stilwell Williams
NAYS
Bryan Fielding Giese Gilbert Helmly Hinds Hinson Holland Land McGill McLeod Mitchell Moore Setzler Smith, J.V. Thomas Wilson
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MOORE, with unanimous consent, the Privilege of the Chamber was extended to the Central High School Eagles Football Team and coaches from Pageland, S.C., on Wednesday, February 21, 1990, at 12:15 P.M.
On motion of Senator MOORE, the Senate agreed that when the Senate adjourns, 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, February 13, 1990, at 12:00 Noon.
At 12:58 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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