Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Paul to the Romans (8:28,31)(NEB):
"And in everything, as we know, He
cooperates for good with those who
love God and . . .
With all this in mind, what are
we to say?
If God is on our side, who is
against us?"
Let us pray.
Lord God, Almighty, help us to face today with that thought!
We can make our days pretty dark and dull with our fears, or we can make them bright with faith... and hope... and love... and courage.
What can we say, Lord, when we are wounded?
Where shall we turn when times are hard... and the future is uncertain?
Good Lord, You have promised to be with us to the end of the ages. May we go bravely and confidently to our toil this day... holding fast to that which is good... and right... and pressing on to that which is better, in the spirit of Sidney Lanier, when he said:
"By so many roots as the marsh
grass sends in the sod
I will heartily lay me a hold
on the greatness of God".
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration.
Document No. 1229
Promulgated By Board of Education
43-215. Public School Employee Cost Savings Program
Received by Lt. Governor February 20, 1990
Referred to Senate Committee on Education
120 day expiration date June 20, 1990
Senator McLEOD introduced Dr. Roger Gaddy of Winnsboro, Doctor of the Day.
On motion of Senator LOURIE, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to students from A.C. Flora High School, Columbia, S.C., and to exchange students from Leningrad, U.S.S.R.
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".
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1312 -- Senators Passailaigue, McConnell, McLeod, Martschink and Fielding: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. ROBERT BARNWELL STALL OF NORTH CHARLESTON WHO DIED SUNDAY, FEBRUARY 18, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1309 -- Senators Rose and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-230 SO AS TO PROVIDE FOR A YOUTH SERVICES PROGRAM FOR CREDIT IN SECONDARY SCHOOLS IN THE STATE AND REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP THE PROGRAM WITHIN SPECIFIED GUIDELINES.
Read the first time and referred to the Committee on Education.
S. 1310 -- Senator Rose: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING CHAPTER 12 SO AS TO ENACT THE OPTIONAL SPECIAL SALES AND USE TAX ACT.
Read the first time and referred to the Committee on Finance.
Senator ROSE spoke on the Bill.
S. 1311 -- Senators Wilson, Long and Rose: A BILL TO AMEND CHAPTER 5, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY SYSTEM, BY ADDING ARTICLE 14 SO AS TO ENACT THE TOLLROAD ACT OF 1990.
Read the first time and referred to the Committee on Transportation.
H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.
Read the first time and referred to the Committee on Judiciary.
H. 4662 -- Reps. Harvin and McLeod: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND THE MEMBERSHIP OF ITS GOVERNING BOARD, SO AS TO DELETE THE PROVISION THAT THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL HAS NO VOTING PRIVILEGES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4693 -- Reps. Keyserling, J. Harris, Nesbitt, Manly, Keesley, H. Brown, Whipper and Waites: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1990 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 11, 1990, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Referred to the Committee on Invitations.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
S. 491 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.
Ordered for consideration tomorrow.
Senator LONG, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 752 -- Senator Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-865 SO AS TO REQUIRE THE COURT OR CLERK OF COURT, UPON PRESENTATION OF A VERIFIED PETITION, TO ISSUE A RULE TO SHOW CAUSE CONCERNING THE VIOLATION OF A FAMILY COURT ORDER.
Ordered for consideration tomorrow.
Senator WILSON, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Senator WILSON, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
S. 1198 -- Senators Setzler and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-115 SO AS TO PROVIDE THAT PERSONS APPLYING FOR INITIAL CERTIFICATION TO BECOME CERTIFIED EDUCATION PERSONNEL SHALL UNDERGO CERTAIN FINGERPRINT REVIEWS, AND TO PROVIDE THAT THE FEES CHARGED FOR THESE REVIEWS MUST BE PAID BY THE APPLICANT.
Ordered for consideration tomorrow.
Senator WILSON, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
H. 4563 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
H. 4566 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES UTILIZED BY THE STATE BOARD OF EDUCATION IN THE APPROVAL OF TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1197, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.
On motion of Senator HAYES, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator HAYES, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 4576 -- 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 102, MAULDIN.
On motion of Senator STILWELL, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator STILWELL, the Bill was taken up for immediate consideration.
On motion of Senator STILWELL, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator STILWELL, H. 4576 was ordered to receive a third reading on Thursday, February 22, 1990.
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. 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 following House Bill was read the third time, passed and ordered returned to the House with amendments:
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 following Bill and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
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.
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".
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator GIESE proposed the following amendment (Doc. No. 0473I), which was adopted:
Amend the bill, as and if amended, page 1, line 26, subitem (2) of Section 23-35-10(2) as contained in SECTION 1 by striking the words "five-eighths" and inserting the following:
"one-half"
Amend the bill further, page 1, line 27 by striking the words "and one-half".
Amend title to conform.
Senator GIESE explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 1268 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48, THE SOUTH CAROLINA MINING ACT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LAND proposed the following amendment (Doc. No. 0673X), which was adopted:
Amend the bill, as and if amended, Section 48-20-50, as contained in SECTION 2, by striking the sentence beginning on line 17, page 7, and inserting /The applicant may be required to furnish other information as may be necessary to the department in order to enforce this chapter adequately./
Amend further, page 9, line 23, by striking /Section 58-20-70/ and inserting /48-20-70/.
Amend further, page 9, by striking the sentence beginning on line 28 and inserting /The applicant may be required to furnish other information as may be necessary to the department in order to enforce this chapter adequately./
Amend further, page 13, by striking the sentence beginning on line 9 and inserting /The applicant may be required to furnish other information as may be necessary to the department to enforce this chapter adequately./
Amend further, page 15, by striking the last paragraph of Section 48-20-90 and inserting:
/An operator shall have the right to substitute an area mined in the past for an area presently being mined with the approval of the department./
Amend further, page 17, by striking the paragraph beginning on line 7 and inserting:
/In lieu of the surety bond required by this section, the explorer or operator may file with the department a cash deposit, registered securities acceptable to the department, an assignment of a savings account in a South Carolina bank, or other securities acceptable to the department on an assignment form prescribed by the department./
Amend further, page 18, line 17, by inserting /then/ between /and/ and /initiate/
Amend further, page 20, by striking line 20 and inserting: /date for the hearing may not be less than thirty/.
Amend further, page 20, by striking line 39 and inserting: /place. The date for the hearing may not be less/.
Amend further, beginning on page 23, by striking Section 48-20-200 and inserting:
/Section 48-20-200. An appeal to the courts may be taken from any decision of the council, or its designated committee or the hearing panel, in the manner provided by Chapter 7 of Title 18. An appeal also may lie against the department's refusal to release part or all of a bond or other security posed under Section 48-20-110 as provided in Section 48-20-130. The appeal may be filed in the court of common pleas for Richland County or for the county in which the mining operation is to be conducted./
Amend further, page 27, line 22, by striking /SECTION 2/ and inserting /SECTION 3/.
Amend further, page 27, line 25, by striking /SECTION 3/ and inserting /SECTION 4/.
Amend title to conform.
Senator LAND 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 LAND, with unanimous consent, S. 1268 was ordered to receive a third reading on Thursday, February 22, 1990.
H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.
On motion of Senator HAYES, with unanimous consent, the Bill was taken up for immediate consideration.
Senator HAYES proposed the following amendment (Doc. No. 5014P), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 5-5-40 of the 1976 Code is amended to read:
"Section 5-5-40. In any election to determine a change of a form of government of a municipality, the question shall must be framed by the governing body and printed on the prepared ballot in the following form, to wit: 'Shall the municipality of (name of municipality) change its form of government from (form selected by council or by prior election) to (form or forms requested by petition or by ordinance)? YES NO (strike one)'.
No [ ]
Those in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'YES', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'NO'.
To effect a change in the form of government a proposed form shall must receive a majority of the votes cast by the qualified electors of the municipality in the election."
SECTION 2. Authority is granted to the Secretary of State to restore the charter of Sertoma Club of North Augusta, South Carolina in Aiken County upon payment to the South Carolina Tax Commission of taxes, penalties, and interest found to be due. The Secretary of State shall note the reinstatement upon the record of the original charter.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Renumber sections to conform.
Senator HAYES explained the amendment.
On motion of Senator HAYES, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HAYES, with unanimous consent, H. 4049 was ordered to receive a third reading on Thursday, February 22, 1990.
H. 4258 -- Rep. R. Brown: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO DELETE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FROM THE LIST OF AGENCIES WITH SPECIFIED TERMINATION DATES; AND TO AMEND SECTION 41-45-10, RELATING TO THE COORDINATING COUNCIL, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE COUNCIL MUST BE APPOINTED BY THE GOVERNOR RATHER THAN BEING THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD.
Senator HORACE C. SMITH asked unanimous consent to make a motion that the Bill be made a Special Order.
The Bill was made a Special Order.
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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.
Senator SHEALY explained the amendment.
Senator McCONNELL objected to further consideration of the Joint Resolution.
On prior motion of Senator HOLLAND, the Privilege of the Floor was extended to the Central High School "Eagles" Football Team and its coaches.
Senator HOLLAND presented the team with a Resolution commending the team upon winning the 1989 AA State Championship.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
Senator FIELDING, with unanimous consent, spoke on the Bill.
Senator HINSON proposed the following previously proposed amendment (Doc. No. 0761o), (printed in the Journal of Tuesday, February 20, 1990).
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 stand adjourned.
Debate was interrupted by adjournment.
At 12:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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