Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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:

February 20, 1990 Commemorating Washington's birthday. Beloved, for many years it has been our custom, on or near the anniversary of the birth of President George Washington, to pray his "Prayer For The United States".
Let us pray.

"Almighty God: We make our earnest prayer that Thou wilt keep the United States in Thy holy protection; that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government, and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And finally that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and demean ourselves with that charity, humility, and pacific temper of mind which were the characteristics of the Divine Author of our blessed religion, without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplications, we beseech Thee, through Jesus Christ our Lord. Amen."

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

On motion of Senator MOORE, Senator SALEEBY was granted a leave of absence for the day.

The following was received and referred to the appropriate committee for consideration.

Document No. 1187
Promulgated By Licensing Board of Contractors
Examinations, Classifications, Limitation Groups
Received by Lt. Governor February 16, 1990
Referred to Senate Committee on Labor, Commerce and Industry
120 day expiration date June 16, 1990

The following were received.

Document No. 1106
Promulgated By Public Service Commission of South Carolina
Sewerage Utilities
Received by Lt. Governor April 10, 1989
Referred to Senate Committee on Judiciary
120 day expiration date August 8, 1989
Withdrawn and Resubmitted February 20, 1990

Document No. 1107
Promulgated By Public Service Commission of South Carolina
Water Utilities
Received by Lt. Governor April 10, 1989
Referred to Senate Committee on Judiciary
120 day expiration date August 8, 1989
Withdrawn and Resubmitted February 20, 1990

Senator STILWELL introduced Dr. Woodrow Long of Greenville, Doctor of the Day.

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.

Returned with concurrence.

Received as information.

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.

On motion of Senator WADDELL, with unanimous consent, the Bill was recalled from the Committee on Education.

On motion of Senator WADDELL, the Bill was referred to the Committee on Finance.

The following were introduced:

S. 1286 -- Senators Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS BY DECLARING FEBRUARY 21, 1990, "YORK COUNTY DAY".

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1287 -- Senators Waddell, Drummond and Passailaigue: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING RECORD OF SERVICE TO THE PEOPLE OF SOUTH CAROLINA OF THE SOUTH CAROLINA TAX COMMISSION ON THE OCCASION OF ITS SEVENTY-FIFTH ANNIVERSARY.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1288 -- Senators Martschink and Nell W. Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS "WOMEN'S HISTORY MONTH" IN SOUTH CAROLINA.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1289 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-250 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE DUE ON A RETURN TO BE PAID BY A METHOD IN WHICH THE FUNDS ARE IMMEDIATELY AVAILABLE TO THE STATE, TO REQUIRE A TAXPAYER TO PROVIDE THE COMMISSION WITH EVIDENCE OF THE PAYMENT, TO PROVIDE FOR PENALTIES AND INTEREST ON NONTIMELY PAYMENTS, TO AUTHORIZE THE COMMISSION TO ESTABLISH LATER DUE DATES, AND TO AUTHORIZE THE COMMISSION AND THE STATE TREASURER TO PROMULGATE REGULATIONS AND PRESCRIBE RULES AND PROCEDURES TO IMPLEMENT THE PAYMENT METHOD.

Read the first time and referred to the Committee on Finance.

S. 1290 -- Senator Rose: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-55 SO AS TO PROVIDE THAT THE STATE COMMISSIONER OF SOCIAL SERVICES IS EMPOWERED AND DIRECTED TO REDISTRIBUTE ANNUALLY EMPLOYEES ADMINISTERING MANDATED SERVICES AMONG THE COUNTIES ACCORDING TO THE RESPECTIVE COUNTY'S POPULATION AND CASE LOAD.

Read the first time and referred to the Committee on Medical Affairs.

S. 1291 -- Senator Rose: A BILL TO AMEND CHAPTER 12, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR THE PAYMENT OF HIGHWAY RIGHT-OF-WAY USER FEES, TO PROVIDE FOR CERTAIN DEFINITIONS, TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO COLLECT SUCH ANNUAL FEES AND TO DEPOSIT THESE FEES IN THE STATE HIGHWAY FUND TO BE USED EXCLUSIVELY FOR THE CONSTRUCTION AND MAINTENANCE OF STATE ROADS, TO REQUIRE A UTILITY COMPANY TO ANNUALLY VERIFY BY AFFIDAVIT ITS USAGE OF STATE HIGHWAY RIGHTS-OF-WAY, AND TO PROVIDE PENALTIES FOR LATE FILINGS.

Read the first time and referred to the Committee on Transportation.

H. 4233 -- Reps. McLellan and L. Martin: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO PROVIDE NEW OFFENSES AND PENALTIES PERTAINING TO THE TAKING OF BEAR AND BEAR PARTS AND TO DELETE THE PROVISION FOR THE ISSUANCE OF PERMITS TO KILL NUISANCE BEARS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4404 -- Reps. Hayes, Felder, Kirsh and Nesbitt: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO DEFINE "QUARANTINE" AND "ISOLATION", TO AUTHORIZE THE STATE VETERINARIAN AND THE LIVESTOCK-POULTRY HEALTH SERVICE OF CLEMSON UNIVERSITY TO DEVELOP AND INSTITUTE PROGRAMS TO PROVIDE FOR THE CONTROL OF EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS PROVIDING FOR THE QUARANTINE OF HORSES WHICH HAVE BEEN EXPOSED TO EQUINE INFECTIOUS ANEMIA, TO PROVIDE FOR THE DISPOSITION OF REACTOR EQUINE, AND TO DELETE PROVISIONS AUTHORIZING HORSES ASSEMBLED AND CONSIGNED TO A DESTINATION OUTSIDE OF THE STATE TO BE MOVED ON WRITTEN PERMIT FROM THE STATE VETERINARIAN WITHOUT A TEST FOR EQUINE INFECTIOUS ANEMIA AND DELETE PROVISIONS RELATING TO THE RESPONSIBILITY FOR PROVING NEGATIVE RESULTS TO AN APPROVED TEST FOR EQUINE INFECTIOUS ANEMIA BY CERTAIN PERSONS RESPONSIBLE FOR THE ASSEMBLY OF HORSES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1292 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME SVETLANA ALEKSANDROVNA MOROSOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1293 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME ROMAN VLADIMIROVICH OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1294 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME VADIM VYACHESLAVOVICH OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1295 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME SERGEI EFIMOVICH SMOLYAR OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1296 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME PAVEL VLADIMIROVICH PACHKAI OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1297 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME KONSTANTIN NIKOLAEVICH NOSKOV OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1298 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME TATYANA SERGEIVNA GEORGIEVSKAYA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1299 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME ILYA ANDREEVICH AKIMOV OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1300 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME KESNIYA VLADIMIROVNA AFONINA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1301 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME TATYANA ALEKSEIVNA BUBNOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1302 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME EKATERINA ALEKSANDROVNA VALOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1303 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME MIKHAIL BORISOVICH BUNGEP OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1304 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME VALENTINA GRIGORYEVNA KUZNETSOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1305 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME LEONID VITALYEVICH NEGRIENKO OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1306 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME YANA NIKOLAEVNA GORSHKOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1307 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME NADEZHDA YURYEVNA MADZALEVSKAYA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1308 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME ALEKSANDRA YERISTOVNA PANOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 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.

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. 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.

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.

The following House Bills and Joint Resolution were read the third time, passed and ordered returned to the House with 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.

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.

H. 4519 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION 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.

The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:

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. 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".

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. 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.

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. 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.

Senator J. VERNE SMITH explained the Bill.

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.

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.

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.

The following Bill and Joint Resolutions having been read the second time were passed and ordered to a third reading:

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.

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.

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.

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. 0697o) was adopted as follows:

Amend the bill, as and if amended, by striking Section 10-5-230 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 10-5-230.   There is hereby created the South Carolina Board for Barrier-Free Design which shall must be composed of the following members: Six six members shall to be appointed by the Governor for terms of four years and until their successors are appointed and qualify except that of those initially appointed three must be appointed for terms of two years and three must be appointed for terms of four years. Not less than two of these appointed members of the board shall must be physically handicapped who ambulate by use of wheelchairs and one of these appointed members member shall must be a licensed architect. Vacancies on the board shall must be filled by appointment in the same manner as provided for the original appointment for the remainder of the unexpired term. The board shall also have the following three ex officio members: (1) the Director of Inspection Building Codes and Regulatory Services of the Division of General Services of the State Budget and Control Board; (2) the Director of the State Department of Vocational Rehabilitation; and (3) the State Engineer employed by the Budget and Control Board. The ex officio members may appoint proxies for their respective offices. These The ex officio members of the Board shall have all the powers, privileges, and duties of the appointed members of the Board, including the right to vote./

Amend the bill further, as and if amended, by striking Section 10-5-240 of the 1976 Code, as contained in Section 2 and inserting:

/Section 10-5-240.   The board shall meet as soon as practicable after appointment and elect one of its appointed members as chairman who shall serve for a term of two years and until his successor is elected and qualifies. The board shall elect a chairman and vice-chairman to serve for terms of two years each and until their successors are elected and qualify. The board shall also, at its first meeting, organize and adopt rules for the purpose of governing its internal proceedings. The board shall meet at least once annually and at such those other times as may be designated by the chairman but in no event more than twice a month. Five members of the board shall constitute a quorum at all meetings thereof. All members of the board shall must be paid the usual per diem, mileage, and subsistence as provided by law for members of boards, committees and commissions for days on which they are on official business of the board, to be paid from the General Fund of the State. The board shall be is an agency of the State Budget and Control Board and the Division of General Services shall provide administrative support services such as office space, clerical assistance, and other facilities as may be required by the board to perform its prescribed functions./

Amend the bill further, as and if amended, by striking Section 10-5-260 of the 1976 Code, as contained in Section 3 and inserting:

/Section 10-5-260.   After January 1, 1975, no person shall may construct or permit the construction of a governmental building or a public building or any facility of either unless the building and facility is designed in compliance with the standards and regulations adopted pursuant to this article.

After January 1, 1975, no person shall may renovate or permit the renovation of a governmental building or a public building or any facility of either unless the portions or areas being renovated will be are designed in compliance with the standards and specifications established pursuant to this article.

It is the responsibility of the owner or the occupant of any property which contains structural or building elements or components required to be in compliance with this article, to continuously maintain these elements and components in a condition that is safe and usable by handicapped persons at all times./

Amend the bill further, as and if amended, by striking Section 10-5-300 of the 1976 Code, as contained in Section 7, and inserting:

/Section 10-5-300. The enforcement of the provisions of this article, including investigations, in the several counties and municipalities shall be by the building code inspector of the county or municipality. If the county or municipality does not have a building code inspector, the chief fire inspector shall then enforce the provisions of this article. If a county or municipality does not have a building code inspector or a chief fire inspector, must be by the building official of counties and municipalities which have properly adopted building codes in accordance with Chapter 9, Title 6. Counties and municipalities may establish regional agreements with other political subdivisions of the State to provide the services required of the building official and to enforce the provisions of this chapter. If a county or municipality does not have properly adopted building codes, then the State Director of Inspection Building Codes and Regulatory Services of the State Budget and Control Board shall enforce the provisions of this article in that county or municipality./

Amend the bill further, as and if amended, by striking Section 10-5-310 of the 1976 Code, as contained in Section 8, and inserting:

/Section 10-5-310. Any person charged with construction, or renovation, erecting, or remodeling or maintenance of the structural or building elements or components of any governmental or public building who fails to comply with the provisions of this article after being notified to do so by the appropriate inspector as enumerated in Section 10-5-300 shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one two hundred dollars or imprisoned for not more than thirty days. Each day the violation exists constitutes a separate offense./

Amend title to conform.

Senator DRUMMOND 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 DRUMMOND, with unanimous consent, H. 3793 was ordered to receive a third reading on Wednesday, February 21, 1990.

The following Bill was carried over:

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.

(On motion of Senator MOORE)

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator WADDELL the Senate agreed to dispense with 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.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator WILLIAMS explained the Bill.

On motion of Senator WILLIAMS, the Bill was read the second time, passed and ordered to a third reading.

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.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators WILSON and FIELDING proposed the following amendment (Doc. No. 0424X), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.   Article 37, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-5335. A vehicle with a cracked or broken windshield which does not obstruct the driver's view is not considered unsafe or dangerous for purposes of this article."/

Renumber sections to conform.

Amend title to conform.

Senator WILSON explained the amendment.

The amendment was adopted.

Senators PEELER, LEE, POPE and LOURIE proposed the following amendment (Doc. No. 0283X), which was carried over:

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___.   Section 56-5-5350(c) of the 1976 Code is amended to read:

"(c)   The Highway Department of Highways and Public Transportation may accept authorize the acceptance in this State of a certificate of inspection and approval issued under the authority of by a qualified agency or department of another state, and shall except from the provisions of this article all vehicles subject to the Interstate Commerce Commission and its rules, United States Department of Transportation federal motor carrier safety regulations and periodic inspections."/

Renumber sections to conform.

Amend title to conform.

Senator PEELER argued in favor of the adoption of the amendment.

On motion of Senator PEELER, with unanimous consent, the amendment was carried over.

Senator HINSON proposed the following amendment (Doc. No. 0761o):

Amend the bill, as and if amended, by striking Section 56-5-5440 of the 1976 Code, as contained in Section 3, and inserting:

/Section 56-5-5440. Any person violating the provisions of this article shall be punished in the same manner as provided for in Section 56-5-6190, unless otherwise provided, must be fined upon conviction not more than ten dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted.

A person apprehended for operating a vehicle with an expired inspection sticker may only be issued a warning ticket within thirty days of the expiration date of the sticker./

Amend title to conform.

Senators HINSON and HOLLAND argued in favor of the adoption of the amendment.

Senator HINSON moved that the amendment be adopted.

Senator BRYAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan                     Drummond                  Fielding
Hayes                     Hinds                     Lourie
Martin                    Matthews                  Setzler
Stilwell                  Waddell                   Wilson

Courson                   Giese                     Gilbert
Hinson                    Holland                   Leventis
Long                      Macaulay                  Martschink
McConnell                 Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Peeler                    Pope                      Rose
Russell                   Shealy                    Smith, H.C.
Smith, N.W.               Thomas                    Williams

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senators BRYAN, FIELDING and DRUMMOND argued contra to the adoption of the amendment.

Senator HINSON argued in favor of the adoption of the amendment.

Senator WILLIAMS asked unanimous consent, with Senator HINSON retaining the floor, to make a motion that the Senate do now adjourn, which was agreed to.

Debate was interrupted by adjournment.

At 1:35 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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