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, St. Paul pointed to the North Star of devotion when he wrote to the Corinthians (I Cor. 10:31):
"So, whether you eat or drink,
Or whatever you do,
Do it all to the glory of God."
Let us pray.
Lord God, who knows our minds and hearts, and can read our thoughts and wills, we confess that, too often, we use our religion like a bus: we ride it when it is going our way.
Help us to believe that faith in God is not a puzzle to be solved, but a way of life to be adopted.
Amidst the cares of these days, we seek the strength and support of which King David sang when he was delivered from Saul:
"I love Thee, O Lord, my strength.
The Lord is my rock, and my
fortress, and my deliverer,"
as we offer, daily, the sacrifices of grateful hearts.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 13, 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, Children's Trust Fund, with term to expire June 30, 1994:
Michael Kapp, 4102 Parham Drive, Columbia, S.C. 29206
Referred to the Committee on Medical Affairs.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointments, Members, State Foster Care Review Board, with terms to expire June 30, 1993:
2nd Congressional District:
Cecilia Aversa, 1108 Baywater Drive, West Columbia, S.C. 29169 VICE Frances McMeekin
6th Congressional District:
JoAnn Waldrop, 515 Kingston Street, Conway, S.C. 29526 VICE Martha Jo McGlothin
Referred to the Committee on Medical Affairs.
February 13, 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, Prisoner of War Commission, with term to expire July 1, 1991:
1st Congressional District:
Jacob Smart, P.O. Drawer Y, Ridgeland, S.C. 29936
Referred to the General Committee.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointments, Members, Prisoner of War Commission, with terms to expire July 1, 1993:
2nd Congressional District:
James Campbell, 7719 Exeter Lane, Columbia, S.C. 29223
6th Congressional District:
Major General James Bolt, 5840 Crestwood Drive, Myrtle Beach, S.C. 29577
Referred to the General Committee.
February 13, 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, Rural Water and Sewer Grants Advisory Committee, with term to expire June 30, 1991:
Gonzales Waddy, 1410 Westway Drive, Charleston, S.C. 29412 VICE Thomas C. Barnwell, Jr.
Referred to the Committee on Medical Affairs.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointments, Members, Board of Financial Institutions, with terms to expire June 30, 1994:
Ken Boiter, 201 Augusta Drive, Greenville, S.C. 29605 (reappointment)
L. Wayne Pearson, 5000 Palm Boulevard, Isle of Palms, S.C. 29451 VICE Lynn Hodge
Referred to the Committee on Banking and Insurance.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointments, Members, Prisoner of War Commission, with terms to expire as follows:
July 1, 1991/5th Congressional District:
Bobby Bagley, P.O. Box 1119, Sumter, S.C. 29151
July 1, 1993/4th Congressional District:
Samuel Turner, 206 Lakeview Heights, Union, S.C. 29379
Referred to the General Committee.
February 13, 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 Board for Technical and Comprehensive Education, with term to expire July 1, 1995:
5th Congressional District:
Clarence F. Hornsby, 1416 Thornwell Avenue, Rock Hill, S.C. 29730
Referred to the Committee on Education.
February 13, 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, Children's Trust Fund, with term to expire June 30, 1992:
5th Congressional District:
Thomas Alexander Givens, 786 Summerwood Drive, Rock Hill, S.C. 29730 VICE Roberta Y. Wright
Referred to the Committee on Medical Affairs.
February 13, 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, Rural Water and Sewer Grants Advisory Committee, with term to expire June 30, 1992:
5th Congressional District:
H.F. "Dick" Crater, 950 Filter Plant Road, Gaffney, S.C. 29340 VICE John Livingston
Referred to the Committee on Medical Affairs.
February 13, 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, Insurance Commission, with term to expire June 30, 1994:
4th Congressional District:
William S. Jones, 140 Nob Hill Road, Spartanburg, S.C. 29302 VICE Wilbur Hodge (resigned)
Referred to the Committee on Banking and Insurance.
February 13, 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 Board of Corrections, with term to expire July 1, 1992:
4th Congressional District:
Milton Smith, Post Office Drawer 5587, Spartanburg, S.C. 29304 VICE Charles C. Moore
Referred to the Committee on Corrections and Penology.
February 13, 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, SE Interstate Low-Level Radioactive Waste Management Compact Commission, with term to run coterminously with that of the Governor:
Heyward G. Shealy, Route 1, Box 256, Little Mountain, S.C. 29075
Referred to the Committee on Judiciary.
February 13, 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, Day Care Joint Underwriting Association Board of Directors, with term to run coterminously with that of the Governor:
Katherine Davis, 125 Fishers Wood Drive, Columbia, S.C. 29223
Referred to the Committee on Banking and Insurance.
February 13, 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 Barber Board of Examiners, with term to expire June 30, 1994:
Thomas Brant, 5900 Rivers Avenue, North Charleston, S.C. 29418
Referred to the General Committee.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, Victims Assistance Advisory Board, with terms to expire as follows:
August 1, 1995:
Tom Gottshall, P.O. Box 11398, Columbia, S.C. 29211
August 1, 1994:
Jayne Crisp, 7 Queensbury Drive, Greenville, S.C. 29609
Referred to the Committee on Corrections and Penology.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointments, Members, Mining Council, with terms to expire as follows:
June 30, 1993:
Alfred H. Vang, 4328 Trenholm Road, Columbia, S.C. 29206 VICE Ken Lillard
June 30, 1994:
James C. Ryan, Jr., 19 South Irvine Street, Greenville, S.C. 29603 VICE Barbara Nuessle
J. Christian Swift, P.O. Box 6, Lugoff, S.C. 29078 (reappointment)
Referred to the Committee on Agriculture and Natural Resources.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, State Housing Authority, with terms to expire August 15, 1994:
Mrs. Rebecca Swindell, Cherry Lane, Bamberg, S.C. 29003
Luther Bolick, 702 Edwards Road, Greenville, S.C. 29609
Referred to the Committee on Labor, Commerce and Industry.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointments, Members, S.C. Interagency Council on Hunger and Nutrition, with terms to expire April 1, 1993:
2nd Congressional District:
Donald E. Hoshaw, Sr., 418 Pittsdowne Road, Columbia, S.C. 29210
5th Congressional District:
Carolyn P. Tolson, 525 Briarwood Road, Lancaster, S.C. 29720
Referred to the Committee on Medical Affairs.
February 13, 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 Board for Technical and Comprehensive Education, with term to expire July 1, 1995:
Major General James Grimsley, 21 Ashley Avenue, Charleston, S.C. 29401 VICE Dr. Ronald McWhirt
Referred to the Committee on Education.
January 9, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointments, Members, Continuum of Care for Emotionally Disturbed Children Board, with terms to expire as follows:
June 30, 1991:
Laura R. Dawson, Ed. D., Route 2, Box 545, Denmark, S.C. 29042
June 30, 1992:
Brenda C. Miller, 12 Malibu Court, Columbia, S.C. 29209
Richard Leonard Crain, Sr., 426 Phillips Lane, Greer, S.C. 29650
June 30, 1993:
Russell Ramsey Mellette, M.D., 1146 Island View Drive, Mount Pleasant, S.C. 29464
William Henry Chandler, Route 1, Box 189, Hemingway, S.C. 29554
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 Agency of Vocational Rehabilitation, with term to expire March 15, 1994:
2nd Congressional District:
Phillip J. Canders, 7 Foxwood Knoll, Blythewood, S.C. 29016 VICE John A. Montgomery (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, Prisoner of War Commission, with term to expire July 1, 1992:
Thomas W. Dunaway, Jr., 106 Carter Oak Ridge, Anderson, S.C. 29621
Referred to the General Committee.
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, Financial Institutions Board, with term to expire June 30, 1993:
Ruth B. Looper, 5 Saluda Lake Circle, Greenville, S.C. 29611 VICE Edward J. Coury
Referred to the Committee on Banking and Insurance.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, Human Affairs Commission, with terms to expire June 30, 1993:
1st Congressional District:
Bob Pickering, 179 Line Street, Charleston, S.C. 29403
Ann Lucas, 101 Stewart Towne Road, Beaufort, S.C. 29902
2nd Congressional District:
Lyman Whitehead, 113 Fifeshire Drive, Columbia, S.C. 29212
Ron Burton, P.O. Box 1360, Columbia, S.C. 29202
At-large:
Johnnie Smith, P.O. Box 16269, Greenville, S.C. 29606
Willis Ham, 2165 Woodland Drive, Orangeburg, S.C. 29115
Referred to the Committee on Judiciary.
February 13, 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, Parks, Recreation and Tourism Commission, with term to expire June 27, 1996:
6th Congressional District:
Edward L. Young, P.O. Box 3806, Florence, S.C. 29502 VICE Elvin D. Tirrell
Referred to the Committee on Fish, Game and Forestry.
February 13, 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, Commission on Aging, with term to expire June 30, 1994:
6th Congressional District:
Dr. Suzanne Black Geist, 507 East Roosevelt Street, Dillon, S.C. 29536
Referred to the Committee on Medical Affairs.
February 13, 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, Commission for the Blind, with term to expire May 19, 1993:
2nd Congressional District:
Harris W. Hollis, 3703 Overcreek Road, Columbia, S.C. 29206 VICE William J. Shealy
Referred to the Committee on Medical Affairs.
February 13, 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, Public Service Authority, with term to expire May 15, 1994:
2nd Congressional District:
Leon Goodall, 6328 Eastshore Drive, Columbia, S.C. 29206 VICE John Rainey (resigned)
Referred to the Committee on Finance.
February 13, 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, Juvenile Parole Board, with term to expire September 30, 1994:
3rd Congressional District:
Marlene McClain, 606 Sherry Drive, Anderson, S.C. 29621
Referred to the Committee on Corrections and Penology.
February 13, 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, JEDA Board, with term to expire July 27, 1993:
3rd Congressional District:
Alfred B. Robinson, Jr., 101 Mountain View Drive, Easley, S.C. 29641
Referred to the Committee on Finance.
February 13, 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, Prisoner of War Commission, with term to expire July 1, 1991:
3rd Congressional District:
Jack Simmons, 202 Hillcrest Drive, Greenwood, S.C. 29646
Referred to the General Committee.
February 13, 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, Rural Water and Sewer Grants Advisory Committee, with term to expire June 30, 1992:
3rd Congressional District:
Ed Britt, 103 Ashton Court, Easley, S.C. 29640 VICE Larry Longshore
Referred to the Committee on Medical Affairs.
February 13, 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, Aeronautics Commission, with term to expire October 27, 1994:
3rd Congressional District:
W. Richard McClellion, 120 West Whitner Road, Anderson, S.C. 29621
Referred to the Committee on Transportation.
February 13, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, Arts Commission, with terms to expire June 30, 1993:
Carl Blair, 2 Oakleaf Road, Greenville, S.C. 29609
Larry Lebby, 32 Delane Drive, Columbia, S.C. 29204
Referred to the General Committee.
The following was received and referred to the appropriate committee for consideration.
Document No. 1208
Promulgated By Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists
Licensure
Received by Lt. Governor February 14, 1990
Referred to Senate General Committee
120 day expiration date June 14, 1990
Senator LOURIE introduced Dr. Beverly Simons of Columbia, Doctor of the Day.
Senator WILLIAMS rose to a Point of Privilege.
Senator MITCHELL rose to a Point of Personal Privilege.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:
(R337) S. 410 -- Senators Land and Leventis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-495 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MAY DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE UPON A FINDING THAT THE RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY, TO ALLOW THE COMMISSIONER TO DIVIDE OR COMBINE CLASSIFICATIONS UPON A FINDING THAT THE ACTION IS IN THE PUBLIC INTEREST, AND TO ALLOW THE COMMISSIONER TO REASSIGN A RISK CLASSIFICATION UPON A FINDING THAT A RISK IS INCORRECTLY CLASSIFIED.
(R338) S. 567 -- Senators Giese and Rose: AN ACT 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 FOR SCHOOL, SO AS TO PROVIDE THAT ALL THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY PARTICIPATE IN EARLY INTERVENTION PROGRAMS; TO PROVIDE THAT DURING FISCAL YEAR 1989-90 THE STATE DEPARTMENT OF EDUCATION SHALL IDENTIFY ALL FINANCIAL RESOURCES AVAILABLE WITHIN THE STATE FROM FEDERAL, STATE, LOCAL, AND PRIVATE SOURCES, INCLUDING THE STATE MEDICAID PROGRAM, FOR FUNDING THE COMPREHENSIVE SERVICE SYSTEM PROVIDED FOR IN SECTION 59-137-20; TO PROVIDE THAT BY MARCH 1, 1990, THE DEPARTMENT SHALL RECOMMEND A COMPREHENSIVE SERVICE SYSTEM TO THE STATE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY; TO PROVIDE THAT, DURING FISCAL YEAR 1990-91, THE DEPARTMENT SHALL IMPLEMENT AS MUCH OF THE COMPREHENSIVE SERVICE SYSTEM AS POSSIBLE; TO REQUIRE THE DEPARTMENT TO CONTRACT WITH AN INDEPENDENT CONSULTANT TO EVALUATE THE SERVICE SYSTEM AND SUBMIT A WRITTEN REPORT TO THE GENERAL ASSEMBLY BY MARCH 1, 1991; TO PROVIDE THAT THE PROVISIONS OF THIS ACT, INCLUDING CHAPTER 137 OF TITLE 59, EXPIRE ON JULY 1, 1991, UNLESS SPECIFICALLY REAUTHORIZED; TO PROVIDE THAT SECTION 59-63-20(6) ON THE JULY 1, 1991 EXPIRATION DATE REVERTS TO THE MANNER IN WHICH IT READ BEFORE BEING AMENDED BY THIS ACT; TO PROVIDE THAT UNTIL THE PROVISIONS OF THIS ACT ARE REAUTHORIZED, IMPLEMENTATION OF EARLY INTERVENTION PROGRAMS IN ACCORDANCE WITH SECTIONS 59-137-20 AND 59-137-30, INCLUDING TRANSPORTATION, IS REQUIRED ONLY TO THE EXTENT THAT FEDERAL, STATE, LOCAL, AND PRIVATE FUNDS ARE APPROPRIATED FOR THAT PURPOSE, AND PROVIDE THAT FURTHER IMPLEMENTATION IS NOT MANDATORY FOR THE STATE BOARD OR DEPARTMENT OF EDUCATION OR SCHOOL DISTRICTS UNLESS REQUIRED BY THE REAUTHORIZATION; AND TO REPEAL SECTION 52, PART II, ACT 189 OF 1989, RELATING TO EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN, THE PROVISION THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY PARTICIPATE IN EARLY INTERVENTION PROGRAMS, AND REAUTHORIZATION PROVISIONS.
(R339) S. 184 -- Senators Passailaigue and Fielding: AN ACT TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO PROVIDE THAT IT IS UNLAWFUL ON AN ELECTION DAY WITHIN TWO HUNDRED FEET OF AN ENTRANCE BEING USED BY THE ELECTORS OR INSIDE THE BUILDING WHERE THE POLLING PLACE IS LOCATED, RATHER THAN WITHIN TWO HUNDRED FEET OF THE BUILDING IN WHICH A POLLING PLACE IS LOCATED, TO DISTRIBUTE CAMPAIGN LITERATURE OR PLACE POLITICAL POSTERS, AND PROVIDE THAT THE POLL MANAGER SHALL USE EVERY REASONABLE MEANS TO KEEP THE AREA WITHIN TWO HUNDRED FEET OF AN ENTRANCE BEING USED BY THE ELECTORS OR INSIDE THE BUILDING WHERE THE POLLING PLACE IS LOCATED, RATHER THAN WITHIN TWO HUNDRED FEET OF THE POLLING PLACE, CLEAR OF POLITICAL LITERATURE AND DISPLAYS.
(R340) S. 668 -- Senators Rose and McConnell: AN ACT TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM COMPENSATION OF ANY PHYSICIAN OR OTHER EMPLOYEE OF A MEDICAL SCHOOL OF THE STATE OF SOUTH CAROLINA, BY ADDING SECTION 59-101-195, SO AS TO PROVIDE THAT ANY COMPENSATION OF A PHYSICIAN OR OTHER EMPLOYEE OF THE STATE OF SOUTH CAROLINA SHALL BE APPROVED IN ADVANCE ANNUALLY BY THE PRESIDENT OR THE BOARD OF TRUSTEES OF THAT MEDICAL SCHOOL AND TO PROVIDE THAT COMPENSATION SHALL INCLUDE ALL REMUNERATION, OBTAINED THROUGH A PROFESSIONAL SERVICE ORGANIZATION OR OTHERWISE, WITH USE OF PUBLICLY OWNED FACILITIES, EQUIPMENT OR SUPPLIES.
(R341) S. 885 -- Senator Horace C. Smith: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PALMETTO CLUB OF THE DEAF IN SPARTANBURG COUNTY.
(R342) S. 846 -- Senator McConnell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., OF CHARLESTON COUNTY.
(R343) S. 125 -- Senators Saleeby, Pope and McConnell: AN ACT TO AMEND ACT 148 OF 1989, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, SO AS TO PROVIDE THAT THE TWO HUNDRED DOLLAR REINSTATEMENT FEE MUST NOT BE ASSESSED AGAINST ANY PERSON WHO IS NOT REQUIRED BY REASON OF ILLNESS OR MILITARY SERVICE TO PAY THE FIVE DOLLAR A DAY FINE FOR EACH DAY OF DRIVING WHILE UNINSURED.
(R344) S. 894 -- Senators Passailaigue and Mitchell: AN ACT TO REPEAL SECTION 12-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BACKUP STATE INCOME TAX WITHHOLDING.
(R345) S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.
(R346) S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.
(R347) H. 3989 -- Rep. Kirsh: AN ACT 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.
(R348) H. 3882 -- Rep. McLellan: AN ACT 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.
(R349) H. 3641 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR A PETITION TO BE FILED WITH INSTEAD OF NOTICE TO THE FAMILY COURT WHEN AN AGENCY INITIATES PROTECTIVE SERVICES AND TO REQUIRE A HEARING WITHIN FORTY INSTEAD OF NINETY DAYS AFTER THE FILING.
(R350) H. 3811 -- Reps. Blackwell and Wilkins: AN ACT 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 AND TO STIPULATE THE QUALIFICATIONS EACH DESIGNEE MUST HAVE; 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 REPEAL SECTION 2-15-100 RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL.
(R351) H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: AN ACT 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.
(R352) H. 4334 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF PART E, SECTION 3, OF INSURANCE DEPARTMENT REGULATION R69-44 ("REQUIREMENT FOR HOME CARE") UNTIL JUNE 30, 1990.
(R353) H. 4369 -- Rep. D. Martin: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PORT CITY GOLF CLUB IN CHARLESTON COUNTY.
(R354) H. 4264 -- Rep. Bruce: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHESNEE HIGH SCHOOL BOOSTERS CLUB, INC., IN SPARTANBURG COUNTY.
(R355) H. 4257 -- Rep. R. Brown: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA RURAL WATER ASSOCIATION.
(R356) H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: AN ACT 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 PROVIDE THAT THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION SHALL PROVIDE THEM AND TO PROVIDE THAT BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS MUST BE PROVIDED IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R357) 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: AN ACT 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.
(R358) H. 3950 -- Rep. Fant: AN ACT TO AMEND SECTION 1-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS, INVESTIGATIONS, AND HEARINGS FILED WITH THE HUMAN AFFAIRS COMMISSION, SO AS TO INCREASE FROM NINETY TO ONE HUNDRED TWENTY DAYS THE TIME A CAUSE OF ACTION MAY BE BROUGHT UNDER CERTAIN CONDITIONS.
(R359) H. 4190 -- Reps. Foster and Harvin: A JOINT RESOLUTION TO PROVIDE FOR THE STUDENT INSTRUCTION, STAFF DEVELOPMENT, AND TEACHER WORK DAYS WAIVED FOR THE 1989-90 SCHOOL YEAR AS A RESULT OF HURRICANE HUGO AND FOR STATE FUNDING AND TEACHER SALARIES NOT TO BE REDUCED.
(R360) H. 3856 -- Rep. R. Brown: AN ACT TO AMEND SECTION 58-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL PENALTIES FOR VIOLATIONS BY GAS UTILITY COMPANIES, SO AS TO INCREASE THEM.
(R361) H. 3466 -- Rep. Waldrop: AN ACT TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, TO PROVIDE THAT IN COUNTIES WHICH OBSERVE JANUARY 15, 1990, AS A HOLIDAY NO PENALTIES MAY BE ASSESSED FOR 1989 TAXES PAID ON JANUARY 16 OR 17, 1990, IF THE TAXPAYER FILES A SWORN STATEMENT THAT HE ATTEMPTED TO PAY THE TAX DUE ON JANUARY 15, 1990, AND TO PROVIDE THAT PENALTIES PAID ON JANUARY 16 OR 17, 1990, MUST BE REFUNDED NO LATER THAN MARCH 1, 1990.
(R362) H. 3724 -- Reps. Wilkins, McElveen and Huff: AN ACT TO AMEND SECTION 43-5-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH AN APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE FOR THE SUBSTITUTION OF THE DEPARTMENT WHEN THERE IS AN ASSIGNMENT OF THE RIGHTS TO SUPPORT.
(R363) H. 4289 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CENTURION CORPORATION IN HORRY COUNTY.
(R364) H. 4266 -- Rep. Haskins: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ACADEMY OF ARTS, INC., IN GREENVILLE COUNTY.
(R365) H. 4288 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JASMINE INTERIORS, INC., IN HORRY COUNTY.
(R366) H. 4513 -- Reps. Snow, Altman, Elliott, Barfield, Keegan, Corbett, Gordon and Harvin: A JOINT RESOLUTION TO NAME THE NEW MOTOR VEHICLE LICENSE OFFICE BUILDING OF THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT IN THE CITY OF GEORGETOWN THE "WALLACE J. McKNIGHT BUILDING".
(R367) H. 4253 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CRIME STOPPERS OF HORRY COUNTY, INC., IN HORRY COUNTY.
S. 1269 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. BUDDY LEWIS OF COLUMBIA IN RICHLAND COUNTY ON HIS RECOGNITION BY THE COLUMBIA BOARD OF REALTORS AS A REALTOR WHO UPHOLDS THE HIGHEST STANDARDS OF INTEGRITY AND PROFESSIONALISM.
Returned with concurrence.
Received as information.
S. 1270 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS TO MR. TOM JENKINS OF COLUMBIA IN RICHLAND COUNTY ON HIS BEING AWARDED THE MERITORIOUS SERVICE AWARD BY THE COLUMBIA BOARD OF REALTORS.
Returned with concurrence.
Received as information.
S. 1271 -- Senators O'Dell, Williams and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE D. POLIAKOFF STORE IN ABBEVILLE AND ITS OWNER, MRS. ROSA FROM POLIAKOFF, ON THE OCCASION OF THE NINETIETH ANNIVERSARY OF THIS OUTSTANDING ABBEVILLE INSTITUTION.
Returned with concurrence.
Received as information.
S. 1273 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING MRS. MARIA MCALISTER PYLES, TEACHER AT GREENWOOD HIGH SCHOOL, UPON BEING SELECTED AS SOUTH CAROLINA'S 1990 TEACHER OF THE YEAR AND COMMENDING HER FOR HER DEDICATION AND COMMITMENT TO EXCELLENCE IN EDUCATION.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1274 -- Senators Nell W. Smith, Waddell, Lindsay, Saleeby, Holland, Lourie, McLeod, J. Verne Smith, Moore, Land, Horace C. Smith, Setzler, Bryan, Stilwell, Shealy, Martschink, Hayes, Pope, Russell, Hinson, McGill, Leventis, Long, Gilbert, Courson, O'Dell, Thomas, Wilson, Rose, Giese, Passailaigue, Fielding, Matthews, Macaulay, McConnell, Mullinax and Helmly: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 7, 1990, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Senator NELL W. SMITH spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1275 -- Senator Land: A BILL TO AMEND TITLE 49 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1276 -- Senators Nell W. Smith, Helmly, Leatherman, Martschink, Moore, Setzler, Waddell, Wilson, Peeler, Giese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120, SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A NURSE-STUDENT RATIO OF AT LEAST ONE NURSE TO EVERY TWO THOUSAND STUDENTS BY SCHOOL YEAR 1991-92, AND TO PROVIDE FOR A FUNDING PLAN TO BE DEVELOPED BY THE STATE DEPARTMENT OF EDUCATION TO SUPPLEMENT THE FUNDS AVAILABLE TO THE SCHOOL DISTRICTS TO IMPLEMENT THE ABOVE PROVISIONS.
Read the first time and referred to the Committee on Education.
Senator NELL W. SMITH spoke on the Bill.
S. 1277 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 12-7-250, 12-7-430, AS AMENDED, 12-7-1120, AND 12-7-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INCOME TAX, SO AS TO PROVIDE THAT ALLOCATION OR APPORTIONMENT OF INCOME APPLIES ONLY WITH RESPECT TO CORPORATIONS SUBJECT TO THE SOUTH CAROLINA CORPORATE INCOME TAX AND TO PROHIBIT SOUTH CAROLINA INCOME TAX CREDITS FOR PAYMENTS OF ALTERNATIVE MINIMUM TAXES IN OTHER STATES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-7-211, 12-7-231, 12-7-232, AND 12-7-1265 SO AS TO IMPOSE A SOUTH CAROLINA ALTERNATIVE MINIMUM INCOME TAX ON INDIVIDUALS AND CORPORATIONS AND TO ALLOW A CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY; AND TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO SPECIAL TAX TREATMENT ALLOWED FOR LONG-TERM CAPITAL GAINS RECOGNIZED PURSUANT TO A WRITTEN CONTRACT OF SALE EXECUTED BETWEEN JANUARY 1, 1987, AND JUNE 22, 1987, SO AS TO ALLOW THE SPECIAL TREATMENT FOR SUCH GAINS RECOGNIZED IN ALL OF 1987 AND JANUARY, 1988, PURSUANT TO A WRITTEN CONTRACT OF SALE EXECUTED BEFORE JANUARY 1, 1988.
Read the first time and referred to the Committee on Finance.
S. 1278 -- Senator Shealy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Read the first time and referred to the Committee on Finance.
Senator SHEALY spoke on the Joint Resolution.
S. 1279 -- Senator Setzler: A BILL TO AMEND SECTION 23-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FEES FOR APPOINTMENT AS A STATE CONSTABLE, SO AS TO PROVIDE THAT NO FEES ARE REQUIRED OF PERSONS FORMERLY EMPLOYED AS LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED WITH TWENTY-FIVE OR MORE YEARS OF CREDITABLE SERVICE.
Read the first time and referred to the Committee on Judiciary.
S. 1280 -- Senators Fielding, Courson, Land, Patterson, Passailaigue, Gilbert, Lee, Hayes, Hinds, Matthews, Helmly, Waddell and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
Read the first time and referred to the Committee on Judiciary.
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1282 -- Senators Mullinax, Gilbert, McGill, O'Dell and Macaulay: A BILL TO AMEND SECTION 44-56-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS AND PENALTIES FOR UNLAWFUL ACTS UNDER THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A HEARING BEFORE IMPOSING A FINE AND TO CHANGE THE COURT IN WHICH APPEALS OCCUR.
Read the first time and referred to the Committee on Medical Affairs.
S. 1283 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA BUILDING CODES COUNCIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1153, 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. 1284 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SECTION 401 WATER QUALITY CERTIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1092, 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. 1285 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN PRECINCTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator BRYAN, S. 1285 was ordered to receive a second reading, with notice of general amendments, on Friday, February 16, 1990.
H. 4658 -- Rep. Moss: A CONCURRENT RESOLUTION TO CONGRATULATE BLACKSBURG ELEMENTARY 2 SCHOOL IN CHEROKEE COUNTY UPON BEING RECOGNIZED AS A DEREGULATED SCHOOL UNDER THE TARGET 2000 - SCHOOL REFORM FOR THE NEXT DECADE ACT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
S. 1233 -- Senator Patterson: A SENATE RESOLUTION TO AUTHORIZE THE WORKSHOP ON WHEELS GROUP OF THE ONES UNITED ORGANIZATION TO BE ADMITTED TO THE SENATE CHAMBER FOR THE PURPOSE OF A TOUR ON SATURDAY, FEBRUARY 17, 1990, IN RECOGNITION OF THE CELEBRATION OF BLACK HISTORY MONTH.
On motion of Senator MOORE, with unanimous consent, the Senate Resolution was taken up for immediate consideration.
On motion of Senator MOORE, the Resolution was adopted.
S. 1058 -- Senators Lourie, Nell W. Smith, Saleeby, Giese, Moore, Peeler, Fielding, Land, Horace C. Smith, Rose, Hinds, Mitchell, McConnell, Stilwell, Thomas, Hayes, Bryan, McLeod, Helmly, Lee, J. Verne Smith, Wilson, Long, Hinson, McGill, O'Dell, Macaulay, Mullinax, Russell and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-1060 SO AS TO PROVIDE FOR ADDITIONAL FUNDING FOR PUBLIC TRANSPORTATION; AND TO AMEND SECTION 57-11-20, RELATING TO THE STATE HIGHWAY FUND, SO AS TO PROVIDE FOR THE FUND TO BE MAINTAINED IN AN INTEREST-BEARING ACCOUNT, PROVIDE FOR THE DISBURSEMENT OF THE INTEREST, AND CHANGE THE REFERENCES TO THE CHIEF HIGHWAY COMMISSIONER TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
On motion of Senator WADDELL, the Bill was committed to the Committee on Finance.
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. 4546 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CONSOLIDATED COMMUNICATIONS CORPORATION DBA CCOM, INC., IN KERSHAW COUNTY.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
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.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators HORACE C. SMITH, LEE and BRYAN proposed the following amendment (Doc. No. 0610o), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2, page 2, beginning on line 8, and inserting:
/SECTION 2. Section 56-5-50 of the 1976 Code is amended to read:
"Section 56-5-50. With the exception of Articles 35 and 37 and Sections 56-5-3660 and 56-5-3670, the provisions of this chapter Chapter 5 of Title 56 govern the operation of mopeds on the public highways and streets of this State."/
Amend further, Section 56-5-1555, as contained in SECTION 4, page 2, beginning on line 38; Section 56-5-3720, as contained in SECTION 5, page 3, beginning on line 1; and Section 56-5-3740, as contained in SECTION 6, page 3, beginning on line 14, by inserting at the end of each section:
/A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days./
Amend title to conform.
Senator POPE explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HAYES proposed the following amendment (Doc. No. 2698J), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-315. Information received by the Office of Health Licensing of the department, through inspection or otherwise, in regard to a community residential care facility must be disclosed publicly upon written request to the department. The department must not disclose the identity of individuals present in a community residential care facility. When a report of deficiencies or violations regarding a community residential care facility is present in the department's files at the time an application for information is received, the department must inform the applicant that corrective action has been stipulated by the department and the period of time determined by the department for completion of such corrective action. The department must also inform the applicant that information on the resolution of the corrective action order will be available upon written request within fifteen days or less of the termination of the period of time determined by the department for completion of such action."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN proposed the following amendment (Doc. No. 0627X), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1, beginning on page 1 and line 21, and inserting:
/SECTION 1. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-315. Information received by the Office of Health Licensing of the department, through inspection or otherwise, in regard to a community residential care facility or an intermediate care facility for the mentally retarded or a group home operated by a county mental retardation board or the State Mental Retardation Department must be disclosed publicly upon written request to the department. The request must be specific as to the facility or home, dates, documents, and particular information requested. The department must not disclose the identity of individuals present in a community residential care facility, intermediate care facility for the mentally retarded, or group home. When a report of deficiencies or violations regarding a community residential care facility, intermediate care facility for the mentally retarded, or group home is present in the department's files when a request for information is received, the department shall inform the applicant that it has stipulated corrective action and the time it determines for completion of the action. The department also shall inform the applicant that information on the resolution of the corrective action order is available upon written request within fifteen days or less of the termination of time it determines for completion of the action."/
Amend title to conform.
Senator STILWELL explained the amendments.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
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".
(On motion of Senator HINSON)
S. 1036 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO REDEFINE PERMISSIBLE "BOTTLE TYPE ROCKETS".
(On motion of Senator LEVENTIS)
S. 1168 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-3150 SO AS TO PROHIBIT THE RELEASE OR DEPOSIT OF HUMAN BODY WASTE FROM A PASSENGER TRAIN ON RAILROAD RIGHTS-OF-WAY.
(On motion of Senator WADDELL)
S. 927 -- Senators J. Verne Smith, Leatherman, McLeod, Nell W. Smith, Peeler, Long, Matthews and Giese: A BILL TO AMEND SECTION 44-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR THE PAYMENT OF AN INITIAL APPLICATION FEE, TO CHANGE THE TIME DURING WHICH AN APPLICANT IS REQUIRED TO PUBLISH NOTICE OF HIS APPLICATION, AND TO PROVIDE FOR ADDITIONAL INFORMATION TO COMPLETE THE APPLICATION; SECTION 44-7-210, AS AMENDED, RELATING TO THE COMPLETION OF THE APPLICATION, SO AS TO PROVIDE FOR THE TIME OF THE REVIEW PERIOD FOR THE APPLICATION, TO CHANGE THE EFFECTIVE DATE OF THE AGENCY DECISION ON THE APPLICATION, AND TO PROVIDE FOR A RECONSIDERATION HEARING; SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF THE DECISION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR APPEAL TO THE CIRCUIT COURT INSTEAD OF THE APPROPRIATE STATE COURT, TO PROVIDE FOR THE REQUIREMENTS OF THE APPEAL AND OF A BOND, AND TO PROVIDE FOR THE ACTION TO BE TAKEN BY THE COURT; AND SECTION 44-7-230, AS AMENDED, RELATING TO THE LIMITATION ON A CERTIFICATE OF NEED, SO AS TO CHANGE THE TIME DURING WHICH A CERTIFICATE OF NEED IS VALID, TO REVISE THE CIRCUMSTANCES UNDER WHICH AN EXTENSION MAY BE GRANTED, AND TO PROVIDE THE REQUIREMENTS FOR COMPLETION OF THE PROJECT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 0726o) was adopted as follows:
Amend the bill, as and if amended, Section 44-7-210(A), as contained in SECTION 2, page 3, line 7 of the subsection, by striking /ninety/ and inserting /sixty/ so that when amended the subsection reads:
/(A) After the department has determined that an application is complete, affected persons must be notified in accordance with departmental regulations. The notification of affected persons commences begins the review period. The review period for a completed application is sixty days from the date of notification of affected persons. One extension of up to sixty days may be granted by the department in accordance with departmental regulations with the exception of an extension that is granted to comply with a request for a public hearing./
Amend further, by striking SECTION 3, beginning on page 3, and inserting:
/SECTION 3. Section 44-7-210(D) of the 1976 Code, as last amended by Act 670 of 1988, is further amended to read:
"(D) On the basis of staff review of the application, the staff of the department shall make a proposed decision to grant or deny the Certificate of Need. The proposed decision becomes the final agency decision within thirty ten days after the mailing receipt of a notice of the proposed decision to by the applicant unless one of the following occurs:
(1) a A reconsideration hearing before the staff of the department is requested in writing within the thirty ten-day period by any a person showing good cause for reconsideration of the proposed decision; or.
(2) a A contested case hearing before the board, or its designee, regarding the grant or denial of the Certificate of Need is requested in writing within the thirty ten-day period by the applicant or other affected person with standing to contest the grant or denial of the application.
A reconsideration hearing must be conducted within thirty days from receipt of the request."/
Amend further, by striking the last paragraph of Section 44-7-220, as contained in SECTION 4, page 5, and inserting:
/If, at any stage of the appeal process involving the grant or denial of a Certificate of Need, the court finds that the appeal was frivolous, the court may award damages to the applicant approved for the Certificate of Need in addition to awarding the approved applicant single or double costs incurred in the appeal. In the case of a frivolous appeal of a denial of a Certificate of Need which does not involve a competing application, the court may award costs incurred in the appeal to the department.
As used in this section, 'frivolous appeal' means any one of the following:
(1) an appeal taken solely for purposes of delay or harassment;
(2) where no question of law is involved;
(3) where the appeal is without merit./
Amend further, by striking SECTION 5, page 5, and inserting:
/SECTION 5. Section 44-7-230(D) of the 1976 Code, as last amended by 670 of 1988, is further amended to read:
"(D) A Certificate of Need is valid for twelve six months from the date of issuance; however, extensions may be granted upon evidence that substantial progress has been made in accordance with procedures set forth in regulations. A Certificate of Need must be issued with a timetable submitted by the applicant and approved by the department to be followed for completion of the project. The holder of the Certificate of Need shall submit periodic progress reports on meeting the timetable as may be required by the department. Failure to meet the timetable results in the revocation of the Certificate of Need by the department unless the department determines that extenuating circumstances beyond the control of the holder of the Certificate of Need are the cause of the delay. The department may grant two extensions of up to six months each upon evidence that substantial progress has been made in accordance with procedures set forth in regulations. The board may grant further extensions of up to six months each only if it determines that substantial progress has been made in accordance with the procedures set forth in regulations."/
Amend title to conform.
Senator McLEOD explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
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.
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. 0400X) was adopted as follows:
Amend the bill, as and if amended, by striking Section 6 and inserting:
/SECTION 6. Section 40-28-110 of the 1976 Code is amended to read:
"Section 40-28-110. To be eligible for registration and licensing as a professional landscape architect in South Carolina an applicant shall read and write the English language and:
(1) Must satisfactorily pass an examination as prescribed by the board, except as otherwise provided in Section 40-28-120. be a graduate of an accredited landscape architectural curriculum approved by the board and have had two years of varied landscape architectural experience under the supervision of a landscape architect registered under this chapter or other qualified person, or experience approved by the board, and satisfactorily pass a written examination as prescribed by the board; or
(2) Must be either a graduate of an accredited landscape architecture curriculum approved by the board; or a graduate of an accredited high school or have had education equivalent thereto as determined by the board, and, in addition, at least five years of varied landscape architectural experience under the supervision of a landscape architect registered under this chapter or other qualified person approved by the board. be a high school graduate or have an equivalent education as determined by the board and, in addition, at least eight years of varied landscape architectural experience under the supervision of a landscape architect registered under this chapter or other qualified person or experience approved by the board, and satisfactorily pass a written examination as prescribed by the board;
A maximum of three years of the experience requirement contained in subsection (2) of this section may be satisfied by proof of education or nonaccredited degree, as considered appropriate by the board; or
(3) hold a license or certification to practice landscape architecture issued to him upon examination by a legally constituted board of examiners of another state or the District of Columbia, or a territory or possession of the United States and if requirements of the state district, territory, or possession in which the applicant is licensed or registered are substantially equivalent to those of this State; or
(4) submit certification documents from the Council of Landscape Architectural Registration Boards (CLARB) verifying his qualifications for registration, and an individual holding such a certification may be accepted at the discretion of the board."/
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 2638J) was adopted as follows:
Amend the bill, as and if amended, page 3, line 3, in Section 29-5-10(a), as contained in SECTION 2, by inserting after the word /entity./ the following:
/For purposes of this section, the term 'materials' includes flooring, floor coverings, and wall coverings./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 4570 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 2, GREENVILLE.
On motion of Senator STILWELL, with unanimous consent, H. 4570 was ordered to receive a third reading on Friday, February 16, 1990.
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.
S. 1178 -- Senator Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE AMERICAN INSTITUTE OF BANKING.
On motion of Senator COURSON, with unanimous consent, S. 1178 was ordered to receive a third reading on Friday, February 16, 1990.
S. 1191 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NORTHBRIDGE TERRACE RECREATIONAL PARK IN CHARLESTON COUNTY.
On motion of Senator McCONNELL with unanimous consent, S. 1191 was ordered to receive a third reading on Friday, February 16, 1990.
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.
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 McLEOD explained the Bill.
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.
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.
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.
On motion of Senator HOLLAND, with unanimous consent, S. 821 was ordered to receive a third reading on Friday, February 16, 1990.
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.
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.
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.
Senator McLEOD explained the Joint Resolution.
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.
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.
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.
Senator McCONNELL explained the Joint Resolution.
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.
S. 1253 -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-425 SO AS TO PROVIDE FOR THE REGULATION OF A PHARMACY LOCATED OUTSIDE THIS STATE WHOSE PRIMARY BUSINESS IS MAIL ORDER PRESCRIPTION SERVICE.
On motion of Senator McLEOD, with unanimous consent, S. 1253 was ordered to receive a third reading on Friday, February 16, 1990.
S. 1256 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE BOARD OF COSMETOLOGY, RELATING TO LICENSURE AND OPERATION OF COSMETOLOGY, MANICURE AND ESTHETICS SALONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator HOLLAND, with unanimous consent, S. 1256 was ordered to receive a third reading on Friday, February 16, 1990.
S. 1257 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PHYSICAL FITNESS SERVICES CENTER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator HOLLAND, with unanimous consent, S. 1257 was ordered to receive a third reading on Friday, February 16, 1990.
S. 1260 -- Senator Macaulay: A BILL TO AMEND SECTION 7-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION OF PARTY CLUBS, SO AS TO PROVIDE THAT EACH CLUB SHALL ELECT OFFICERS FOR EACH POLLING PLACE WITHIN A PRECINCT.
Senator MACAULAY spoke on the Bill.
On motion of Senator MACAULAY, with unanimous consent, S. 1260 was ordered to receive a third reading on Friday, February 16, 1990.
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.
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. 5678z) was adopted as follows:
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Article 3, Chapter 23, Title 1 of the 1976 Code, as amended, is further amended by adding:
"Section 1-23-325. When appearing in a contested case before an agency, an individual may represent himself; a proprietorship may be represented by a proprietor; a partnership or limited partnership may be represented by a general partner; and a corporation may be represented by an officer, director, or full-time employee of the corporation. Appearances before an agency as authorized by this section shall not be deemed the practice of law."/
Amend title to conform.
Senator POPE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator POPE, S. 925 was ordered to receive a third reading on Friday, February 16, 1990.
S. 931 -- Senators McLeod, Lourie, Nell W. Smith, Mullinax and Hinson: A BILL TO AMEND SECTION 43-30-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CLIENT-PATIENT PROTECTION ACT, SO AS TO DEFINE THE NEGLECT OF A CLIENT-PATIENT'S HEALTH OR WELFARE AND EXPLOITATION AND SECTION 43-30-100, RELATING TO PENALTIES UNDER THE ACT, SO AS TO PROVIDE FOR THE OFFENSES OF NEGLECTING AND EXPLOITING A CLIENT OR PATIENT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 0722o) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 43-30-20 of the 1976 Code is amended to read:
"Section 43-30-20. When used in this chapter, unless the content indicates otherwise:
(A) 'Client or -patient' means a person admitted or committed to, a patient of or in the care, custody, or control of any a public or private agency, department, hospital, institution, or facility, not including persons sentenced to the South Carolina Department of Corrections or children committed to the South Carolina Department of Youth Services.
(B) 'Abused or neglected client-patient' means a person whose physical or mental health or welfare is abused or threatened with abuse, as defined herein in this section, by the act of an employee or other person responsible for his welfare.
(C) 'Abuse' to a client-patient's health or welfare may occur when the person responsible for his welfare inflicts or allows to be inflicted upon the client-patient physical or mental injury, except physical control administered by a person in direct and primary contact with the client-patient for the sole purpose of restraining or correcting him for the protection of the person so acting out of fear of bodily harm for his own or the client-patient's safety or the safety of others. Such The physical control shall must be reasonable in manner, moderate in degree, and shall be administered in such a manner so as not to produce permanent or lasting physical or mental injury to the client-patient.
(D) 'Threatened abuse' means an intentional offer of abuse as defined in item (C) to a client-patient by force or force unlawfully directed toward a client-patient under such circumstances as create creating a well-founded fear of imminent peril coupled with apparent present ability to execute the attempt if not prevented.
(E) 'Physical injury' means an intentional physical assault upon a client-patient or provocation of another to assault whether the assault causes actual physical injury or not. Unacceptable actions may include, but are not limited to: throwing objects, choking, use of using weapons, slapping, hitting, kicking, biting, provoking a client-patient to assault an employee, provoking a client-patient to assault another client-patient, and provoking an employee to assault a client-patient. This does not include nonexcessive physical control administered for the safety of the client-patient or others.
(F) 'Mental injury' means a substantial impairment of the intellectual, psychological, or emotional capacity of a client-patient as evidenced by inhumane or unconscionable acts and conduct of a person against a client-patient but nothing herein shall be construed as prohibiting in this section prohibits a person responsible for a client-patient's welfare from imposing reasonable restrictions deemed considered necessary by such the person for the intellectual, psychological, or emotional well-being of the client-patient by any of the following:
(1) restrictions relating to attendance at amusements, theaters, concerts, social events, or activities.;
(2) restrictions on the amount of exposure to secular activities such as television, extracurricular activities, or community recreational activities.
(G) 'Reason to believe' means facts and circumstances based upon accurate and reliable information that would justify a reasonable person to believe that a client-patient subject to a report under this act is abused or neglected.
(H) 'Ombudsman' means the office provided for pursuant to Sections 43-38-10 through 43-38-50.
(I) 'Solicitor' means the circuit solicitor of the circuit where the alleged offense was committed.
(J) 'Neglect' of a client-patient's health or welfare may occur when the person responsible for his welfare fails to provide the goods or services which are necessary to avoid physical harm, mental anguish, or mental illness or the responsible person allows the failure to occur. Examples of neglect include, but are not limited to, failure to provide adequate food, shelter, health care, safety, or clothing or failure to notice the client-patient's conditions and take appropriate action.
(K) 'Exploitation' means an illegal, improper, or unjust act or process of a facility administrator or staff member using the resources of a client-patient for monetary or personal benefit, profit, or gain."
SECTION 2. Section 43-30-30 of the 1976 Code is amended to read:
"Section 43-30-30. Recognizing that client-patients need protection, it is the purpose of this chapter to save them from injury and, abuse, neglect, and exploitation by establishing;
(1) an effective reporting system and encouraging the reporting of client-patients in need of protection; by establishing
(2) fair and equitable procedures compatible with due process of law with due regard to the safety and welfare of all persons and by establishing;
(3) an effective system of protection of client-patients from injury and, abuse, neglect, and exploitation while living in public and private residential agencies and institutions."
SECTION 3. Section 43-30-40 of the 1976 Code is amended to read:
"Section 43-30-40. (A) Any A physician, nurse, dentist, optometrist, medical examiner, coroner, or any other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or mental retardation specialist, social or public assistance worker, or law enforcement officer having reason to believe that a client-patient's physical or mental health or welfare has been or may be adversely affected adversely by abuse or, neglect, or exploitation or that such the person has suffered abuse, threatened abuse, or physical or mental injury shall report or cause a report to be made in accordance with this chapter.
(B) Any other person who has reason to believe that a client-patient's physical or mental health or welfare has been or may be adversely affected adversely by abuse and, neglect, or exploitation or that such the person has suffered abuse, threatened abuse, or physical or mental injury may report the incident in accordance with this chapter.
(C) Reports of client-patient abuse or, neglect, or exploitation made pursuant to this section must be made within twenty-four hours of the abuse or neglect or within twenty-four hours from the time any a person has reason to believe client-patient abuse or, neglect, or exploitation has taken place. The reports may be made orally, in writing, by telephone, or otherwise to the South Carolina Law Enforcement Division, the ombudsman of the office of the Governor, or the solicitor. Written records must be made of all the reports, a copy of which must be forwarded to the ombudsman who shall maintain a permanent file of all the records."
SECTION 4. Section 43-30-50 of the 1976 Code is amended to read:
"Section 43-30-50. Any A person required by this chapter to report cases of suspected client-patient abuse or neglect who has reason to believe that a client-patient has died as a result of abuse or neglect shall report that fact to the coroner. Any other person who has reason to believe that a client-patient has died as a result of abuse or neglect may report that fact to the coroner. The coroner receiving the report shall accept it for investigation and, unless he files a written statement in his records that the report of client-patient abuse or neglect is unfounded with his reasons for the finding, cause an autopsy to be performed and report his findings to the South Carolina Law Enforcement Division, the ombudsman, and the solicitor."
SECTION 5. Section 43-30-100 of the 1976 Code is amended to read:
"Section 43-30-100. (1) It is unlawful for any a person to neglect, exploit, abuse, threaten to abuse, or cause physical or mental injury to any a client or -patient, as defined in Section 43-30-20.
(2) Any A person who violates subsection (1) of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned for not less than ninety days nor more than five years."
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator McLEOD explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1254 -- Finance Committee: A BILL TO AMEND SECTION 8-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFERRED COMPENSATION COMMISSION, SO AS TO REQUIRE THAT ONE MEMBER MUST BE A RETIRED STATE EMPLOYEE AND DELETE ARCHAIC PROVISIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WADDELL proposed the following amendment (Doc. No. 0613X), which was adopted:
Amend the bill, as and if amended, in the first paragraph of Section 8-23-20 of the 1976 Code, as contained in SECTION 1, page 1, line 32, by striking /state/ and inserting /public/.
Amend the bill further in SECTION 2, page 1, line 42, by striking /state/ and inserting /public/.
Amend title to conform.
Senator WADDELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator McLEOD proposed the following amendment (Doc. No. 0468I), which was adopted:
Amend the Title by striking in its entirety and inserting in lieu thereof the following:
/TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, TO REPEAL REGULATIONS OF THE BOARD GOVERNING ADVERTISING BY DENTISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE./
Amend title to conform.
Senator McLEOD explained the amendment.
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4556 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE MILES S. EPLING OF WEST VIRGINIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4585 -- Reps. Sheheen, J. Rogers and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 28, 1990.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Bill and Joint Resolutions 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.
Senator McCONNELL spoke on the Joint Resolution.
(On motion of Senator McCONNELL)
S. 1140 -- Senators Rose and McGill: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY ALTERNATIVE AND INNOVATIVE METHODS OF FINANCING INFRASTRUCTURE OF PUBLIC HIGHWAY AND UTILITY PROJECTS.
Senator LOURIE spoke on the Joint Resolution.
Senator ROSE spoke on the Joint Resolution.
(On motion of Senator McCONNELL)
H. 3793 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTIONS 10-5-230 AND 10-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP AND OFFICERS OF THE BOARD; TO AMEND SECTION 10-5-260, RELATING TO BARRIER-FREE STANDARDS OF PUBLIC BUILDINGS, SO AS TO PROVIDE THAT THE OWNER OF A BUILDING REQUIRED TO HAVE BARRIER-FREE ELEMENTS OR COMPONENTS SHALL MAINTAIN THESE ELEMENTS OR COMPONENTS IN A SAFE AND USABLE CONDITION; TO AMEND SECTION 10-5-270, RELATING TO THE WAIVER OR MODIFICATION OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT, MODIFICATION, AND WAIVER OF THESE STANDARDS AND SPECIFICATIONS, AND TO REQUIRE LOCAL BUILDING BOARDS OF ADJUSTMENT APPEALS TO HAVE CERTAIN MEMBERS; TO AMEND SECTION 10-5-273, RELATING TO AN EXCEPTION TO THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE SO AS TO REVISE THIS EXCEPTION; TO AMEND SECTION 10-5-290, RELATING TO ACTIONS FOR VIOLATION OF REGULATIONS CONCERNING BARRIER-FREE PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE REGULATIONS WHICH GIVE RISE TO THESE ACTIONS; TO AMEND SECTION 10-5-300, RELATING TO THE ENFORCEMENT OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT; TO AMEND SECTION 10-5-310, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH BARRIER-FREE STANDARDS, SO AS TO PROVIDE FOR ADDITIONAL ACTS WHICH SUBJECT A PERSON PERFORMING OR FAILING TO PERFORM THEM TO THESE PENALTY PROVISIONS; AND TO AMEND SECTION 10-5-320, RELATING TO SUITS FOR INJUNCTION FOR NONCOMPLIANCE WITH BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS AUTHORIZED TO SEEK THIS INJUNCTIVE RELIEF.
(On motion of Senator WADDELL)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3883 -- Rep. Baxley: A BILL TO AMEND SECTION 36-9-319, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF SECURED PROPERTY WITHOUT CONSENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO INCREASE THE MONETARY PENALTY FOR VIOLATION AND TO INCREASE THE DOLLAR AMOUNT OF THE VALUE OF THE PROPERTY WHICH MAKES THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.
Senator WILLIAMS moved that the Bill be made a Special Order.
The Bill was made a Special Order.
S. 42 -- Senator Fielding: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.
Senator FIELDING moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Giese Gilbert Hayes Helmly Hinds Leatherman Lee Lourie Martin Matthews McGill McLeod Mitchell Moore Mullinax Passailaigue Peeler Pope Rose Russell Setzler Smith, H.C. Smith, N.W. Stilwell Waddell Williams Wilson
NAYS
Courson Hinson Leventis Macaulay Martschink McConnell O'Dell Shealy
The Bill, S. 42, was made a Special Order.
S. 199 -- Senator Stilwell: A BILL TO REPEAL CHAPTER 11, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF RADIO COMMON CARRIERS; AND TO PROVIDE THAT THE REPEAL OF THIS CHAPTER MAY NOT BE CONSTRUED TO AUTHORIZE OR PROVIDE FOR THE REGULATION OF RADIO COMMON CARRIERS UNDER ANY OTHER CHAPTER OF TITLE 58 OR UNDER ANY OTHER PROVISION OF LAW.
Senator POPE moved that the Bill be made a Special Order.
The Bill was made a Special Order.
On motion of Senator WADDELL, the Senate agreed that when the Senate adjourns on Thursday, that it meet for local and uncontested matters on Friday at 11:00 A.M., and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, February 20, 1990, at 12:00 Noon.
At 1:02 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on
Tuesday, June 30, 2009 at 1:19 P.M.