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, the prophet Isaiah lifted the spirit of his people 26 centuries ago with these words (Isaiah 59:21 NEB):
"This, says the Lord, is My covenant,
which I make with them:
MY SPIRIT WHICH RESTS ON YOU AND MY
WORDS WHICH I HAVE PUT INTO YOUR MOUTH
SHALL NEVER FAIL YOU FROM GENERATION TO
GENERATION OF YOUR DESCENDANTS FROM NOW
ONWARD FOR EVER. THE LORD HAS SAID IT."
Let us pray.
Dear Lord, save us from the temptation to get discouraged at times, and from thinking, at times, that there may be little worth in honest effort.
Teach us how to be great in humble service, avoiding the temptation to seek to be called great.
Help us to know that we can serve You here, in what some call "Caesar's house" just as well as the cloistered monk at his prayers... and the meditating scholar among his books.
Teach us what it means to witness, by lip and life, IN THE WORLD, when we might be tempted to withdraw FROM it.
So lead us to today's tasks... in the Name of all that is Holy.
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator DRUMMOND introduced Dr. Julius L. Leary, Jr. of Greenwood, Doctor of the Day.
On motion of Senator HORACE C. SMITH, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
Senator WADDELL rose to a Point of Personal Privilege as follows:
"I really have been thinking about this. You know, in all of our lives there are always special moments -- each of us have them. Special moments that cause us to revisit many memories, both happy and sad. And perhaps more importantly, this moment causes us to take stock of our current situation.
This day, 45 years ago, and 30 minutes ago, I was wounded in Germany on the way to the Rhein River. And I've been thinking about this all week -- particularly since reading the article in this past Sunday's State paper about 'their views' of the operation of this Senate.
Let me say that our distinguished President Pro Tempore would be far more eloquent and is far better equipped to discuss the operation of this Body. I asked Senator Williams to let me address this issue. And he was gracious enough to yield to me. And I tell you forthrightly that I speak, I hope, on behalf of this whole Body.
I don't want to be melodramatic, but the State paper and others in the media seem to be somewhat schizophrenic in their opinion of the operation of this most august Body.
When we have had individuals with high profiles and dynamic style, who shepherded our collective thoughts, words and actions, we are accused of 'one man rule' and castigated for the lack of individualism and independent thinking. When we have individuals who differ from the former style, but, nonetheless man the rudder, we are castigated for having no definition of purpose, no single-minded authority to issue the necessary marching orders.
What these folks totally miss is the fact that no one tells anyone what to do in this Body [emphasis added]. And I mean that sincerely. They never have. They do not now and it is my fervent hope that no one will ever be able to operate in that fashion in this Chamber.
This Body represents what I, and countless thousands of other Americans fought for, and risked their lives for -- the right to have and to hold your own unique position and opinion, on any subject, and to have that opinion, that position, carry the day if, if you can persuade a majority of this group with whom you may differ to adopt your position.
You know, the press wants to talk about leadership. The only problem is they seem to have 'style' confused with 'substance'.
Let me tell you that leadership is the hallmark of this Body. It is the essence of this Body. It is what has brought great accolades and, at times, severe criticism to the Body and its individual members. Well, style may be important to the newspapers or other people, but style 'don't get the job done'.
You know, when I was in the Infantry School, we had a slogan, all those young infantry officers, and that slogan was, 'Follow Me'. And they worked hard to teach us some of the principles of leadership -- number one was those that are going to follow you have to have complete faith in your integrity; that what you are telling them is the truth, and that where you are going to lead them and they also have to know, and be convinced, that the path or course that you have set is the right course for them and the other people in this world. And, I think that's the essence of leadership.
Leadership is something that some people inherit. You've heard of natural leaders, but they refine it. Leadership means that you have gained the confidence of those you have asked 'follow me'. Now, I also like to practice the old axiom of Franklin Delano Roosevelt who said, 'Don't you ever lead a parade, unless there's a parade behind you'. And I think that's a true axiom in politics.
Yes, Senator Williams and I have asked the Senate to follow us, but we also seek this Body's collective wisdom and input and its affirmation of the course to be followed. I can remember when I came here 30 years ago and sat on the back row. Right there where you are, Senator Pope, except I faced this way. I couldn't even see the Desk. But, I felt that I was just as important as any other man in that Senate. And I felt that I was there to represent the people of the State and that my vote, and I was just as qualified (maybe not as qualified), but my vote counted.
And don't you think for a moment that this is different from the many years gone by. It's still true. The Senate is a deliberative body. It is not subject to stampede by what is expedient or by popular opinion, whether real or imagined. The Senate fosters an environment of open and thorough debate and endeavors to do what must be done for the benefit of all South Carolinians.
To borrow a phrase from one of the big Wall Street brokerage firms, in the South Carolina Senate, you assume leadership the 'old fashioned way -- you earn it'.
If the media expects Senator Williams or myself, or any other member of this Body to operate with an iron fist, it's not going to happen. We, each of us, respect every member of this Body. We cherish our right to differ with each other; yet, come to a common understanding and a united purpose.
We have all learned from those who came before us. Each generation has the benefit of the triumphs and the failures of the efforts of our predecessors. If you are waiting for our distinguished President Pro Tempore to tell you what to do, you've got a mighty long wait. But, when he asks [emphasis added] you to follow, I hope you will fall right in behind me.
Let me close by a quotation that I think applies to many members of this Senate. We have many unsung heroes that labor and are never mentioned. We have people that work hard and never get any recognition. They may get criticism, but never get recognition. And, to me, each of you is important. Each of you contributes. And, I think, too long, little has been said about those that labor in the vineyards and never get to taste the wine.
I've got behind my desk a framed quotation by Theodore Roosevelt which, I think, applies to many of you. It goes this way:
'It's not the critic who counts, not the man who points out how the strong man stumbled, or where the doer of deeds could have done better;
The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes short again and again.
Who knows the great enthusiasms, -- the great devotions and spends himself in a worthy cause.
Who at least knows in the end the triumph of high achievement, and who at worst -- if he fails, at least fails while daring greatly.
So that his place shall never be, (and I think this applies to all of you), his place shall never be with those cold and timid souls who know neither victory nor defeat.'
Thank you very much."
(On motion of Senator LOURIE, with unanimous consent, ordered printed in the Journal)
Senator LAND rose to a Point of Personal Privilege.
Senator MITCHELL rose to a Point of Personal Privilege.
Senator WILLIAMS rose to a Point of Personal Privilege.
Senator McLEOD rose to a Point of Personal Privilege.
Senator COURSON rose to a Point of Personal Privilege.
Senator WILSON rose to a Point of Personal Privilege.
February 26, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
The South Carolina Dairy Association wishes to extend to the members of the Senate of South Carolina an invitation to a breakfast on Thursday, May 3, 1990 from 8:00 A.M. to 10:00 A.M.
The breakfast will be held at the Capital City Club in the AT&T building on the corner of Gervais Street and Assembly Street, Columbia, S.C.
Sincerely,
Kelly Smith
Executive Director
Referred to Committee on Invitations.
February 23, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
I would like to request that the Governor's Legislative Reception be placed on the Legislative Calendar.
The reception is scheduled for Tuesday, May 1, 1990 from 6:00 P.M. until 8:00 P.M. at the Governor's Mansion for both the House and Senate members.
Thank you for your assistance with this matter.
Sincerely,
Ann Evans Pincelli
Mansion Director
Referred to Committee on Invitations.
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
The House returned the Bill with amendments.
Senator LEVENTIS proposed the following amendment (Doc. No. 0891o), which was adopted:
Amend the Bill, as and if amended, in Section 29-6-50 of the 1976 Code by inserting immediately after /control/ on line 3 of page 4 the following:
/, provided the requirements of Section 29-6-30 and this section are specifically waived, by section number, in conspicuous bold-faced or underlined type. In case of a wilful breach of the contract provisions as to time of payment, the interest rate specified in this section shall apply/.
Amend title to conform.
Senator LEVENTIS explained the amendment.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
The following were introduced:
S. 1348 -- Senators Russell and Giese: A CONCURRENT RESOLUTION DECLARING THE WEEK APRIL 1, 1990, THROUGH APRIL 7, 1990, AS DISABLED ATHLETES' WEEK IN SOUTH CAROLINA.
Referred to the Committee on Invitations.
S. 1349 -- Senator Saleeby: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1350 -- Senator Wilson: A BILL TO AMEND SECTION 12-7-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT ALLOWED ON A JOINT INCOME TAX RETURN FOR THE EARNED INCOME OF A SPOUSE, SO AS TO PROVIDE THAT THE CREDIT EQUALS THE DIFFERENCE BETWEEN THE SOUTH CAROLINA INCOME TAX DUE ON THE JOINT RETURN AND THE TOTAL OF THE TAX THAT WOULD BE DUE IF BOTH SPOUSES FILED SEPARATELY AND TO DELETE PROVISIONS LIMITING THE CREDIT TO EARNED INCOME, PROHIBITING THE CREDIT WHEN A TAXPAYER LIVES ABROAD OR IN GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANA ISLANDS, AND WHEN THE TAXPAYER FILES A NONRESIDENT RETURN.
Read the first time and referred to the Committee on Finance.
S. 1351 -- Senator Waddell: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
Read the first time and referred to the Committee on Finance.
S. 1352 -- Senator Waddell: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM THIRTY TO FORTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
Read the first time and referred to the Committee on Finance.
S. 1353 -- Senators Long and Hinds: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.
Read the first time and referred to the Committee on Medical Affairs.
S. 1354 -- Senator Moore: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS, SO AS TO PERMIT THE RUNNING OF RABBITS WITH DOGS AT ANY TIME DURING THE YEAR IN ENCLOSURES APPROVED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1355 -- Senators Setzler, Wilson and Shealy: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF APPLICATIONS FOR DRIVERS' LICENSES, SO AS TO PROVIDE THAT THESE APPLICATIONS MUST CONTAIN A STATEMENT AS TO WHETHER OR NOT THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, OF WHAT FELONY; TO AMEND SECTION 56-1-140, RELATING TO THE CONTENTS OF SOUTH CAROLINA DRIVERS' LICENSES, SO AS TO REQUIRE THESE LICENSES TO HAVE A TWO-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THAT PERSON IN THIS MANNER, AND TO PROVIDE THAT THE DEPARTMENT SHALL MAKE THIS CODE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-141, 56-1-142, AND 56-1-143 SO AS TO ESTABLISH PROCEDURES WHEREBY THE DEPARTMENT MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS CURRENTLY INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT THIS IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES IN A SPECIFIED MANNER, AND TO ESTABLISH PROCEDURES WHEREBY PERSONS CONVICTED OF OR PLEADING TO FELONIES WHICH DO NOT REQUIRE THE SUSPENSION OR REVOCATION OF THE DRIVER'S LICENSE ARE ISSUED CERTIFICATES ALLOWING THEM TO CONTINUE DRIVING WHILE THEIR LICENSE IS BEING AFFIXED WITH THE APPROPRIATE CODES.
Read the first time and referred to the Committee on Transportation.
S. 1356 -- Senators Setzler, Wilson and Shealy: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS FOR COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION OF COVERAGE TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER.
Read the first time and referred to the Committee on Judiciary.
H. 3412 -- Reps. Harvin, Cork, G. Bailey, Kohn, Huff, Taylor, McLeod, M.O. Alexander, Derrick, Limehouse, T.C. Alexander, L. Martin, Neilson and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-25 SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE INSURANCE COMMISSION, EX OFFICIO; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE REINSURANCE FACILITY, EX OFFICIO; AND TO AMEND SECTIONS 13-3-40 AND 40-57-50, RELATING TO THE REAL ESTATE COMMISSION OF SOUTH CAROLINA AND THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF BOTH AGENCIES, EX OFFICIO.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4293 -- Rep. Davenport: A BILL TO AMEND SECTION 23-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO SAFETY GLAZING MATERIALS, SO AS TO CHANGE THE DEFINITION OF HAZARDOUS LOCATIONS AS THEY RELATE TO GLAZING OF GLASS OR RIGID PLASTIC.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4403 -- Rep. Smith: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO CHANGE THE AGE LIMIT FOR "MISSING CHILD" AND "MISSING PERSON" FROM EIGHTEEN TO SEVENTEEN YEARS.
Read the first time and referred to the Committee on Judiciary.
H. 4450 -- Rep. R. Brown: A BILL TO AMEND SECTION 31-13-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTES AND BONDS OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THE AUTHORITY DISCRETION IN DETERMINING PERSONS OR FAMILIES OF A BENEFICIARY CLASS WHO MAY OBTAIN MORTGAGE LOANS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4480 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.
Read the first time and referred to the General Committee.
H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
Read the first time and on motion of Senator WILLIAMS, with unanimous consent, was ordered placed on the Calendar without reference.
On motion of Senator WILLIAMS, with unanimous consent, H. 4483 was placed on the Calendar as a substitute for S. 1347.
S. 1347 -- Judiciary Committee: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCREASE THE MONTHLY RETIREMENT BENEFIT FOR A JUDGE WHO HAS COMPLETED TWENTY-FIVE YEARS OF CREDITED SERVICE AND TO REPEAL SECTION 9-8-120(4), SO AS TO ALLOW RETIRED JUDGES DRAWING RETIREMENT COMPENSATION TO ENGAGE IN THE PRACTICE OF LAW.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.
H. 4759 -- Reps. Koon, Sharpe, Klapman, Sturkie and Wright: A CONCURRENT RESOLUTION TO COMMEND HERMAN HELMS, RETIRED EXECUTIVE SPORTS EDITOR AND COLUMNIST FOR THE STATE, FOR HIS FORTY-TWO YEARS OF DISTINGUISHED SERVICE AS A SPORTS JOURNALIST, UPON HIS RETIREMENT, AND TO WISH HIM AND HIS LOVELY WIFE, NANCY, A HAPPY AND FRUITFUL RETIREMENT IN LEESVILLE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4760 -- Reps. Koon, Sharpe, Sturkie, Klapman and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON COUNTY CHAMBER OF COMMERCE UPON THE COMPLETION OF ITS OUTSTANDING NEW HEADQUARTERS BUILDING.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4768 -- Rep. G. Brown: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING FULKS RUN ELEMENTARY SCHOOL AND THE COMMUNITY OF FULKS RUN, VIRGINIA FOR THEIR CONTRIBUTIONS TO THE RELIEF EFFORTS FOLLOWING HURRICANE HUGO, WHICH DEVASTATED BISHOPVILLE AND LEE COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1248 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1249 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1250 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
S. 1275 -- Senator Land: A BILL TO AMEND TITLE 49 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO 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.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 3672 -- Reps. T. Rogers and M.D. Burriss: A BILL TO AMEND SECTION 39-29-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORNMEAL, SO AS TO PROVIDE THAT ITS PROVISIONS APPLY TO CORN GRITS.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4646 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA WATER RESOURCES COMMISSION, RELATING TO DROUGHT RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Victim Assistance Network to attend a breakfast at the Radisson Hotel on Wednesday, April 25, 1990, beginning at 8:30 A.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Federation for Older Americans to attend a legislative luncheon at the Marriott on March 21, 1990, beginning at 12:30 P.M.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
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
Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:
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 Queensburry Drive, Greenville, S.C. 29609
Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:
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
Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:
Reappointment, Member, Juvenile Parole Board, with term to expire September 30, 1994:
3rd Congressional District:
Marlene McClain, 606 Sherry Drive, Anderson, S.C. 29621
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:
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
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:
Reappointment, Member, Board of Financial Institutions, with term to expire June 30, 1994:
Charles Laffitte, Jr., Box 158, Hampton, S.C. 29924
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:
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
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:
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
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:
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)
Senator HOLLAND, from the General Committee, submitted a favorable report on:
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
Senator HOLLAND, from the General Committee, submitted a favorable report on:
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
Senator HOLLAND, from the General Committee, submitted a favorable report on:
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
Senator HOLLAND, from the General Committee, submitted a favorable report on:
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
Senator HOLLAND, from the General Committee, submitted a favorable report on:
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
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Reappointment, Member, State Barber Board of Examiners, with term to expire June 30, 1994:
Thomas Brant, 5900 Rivers Avenue, North Charleston, S.C. 29418
Senator HOLLAND, from the General Committee, submitted a favorable report on:
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
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. 3760 -- Reps. P. Harris, Mattos, J. Harris and Carnell: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF THERE IS PROBABLE CAUSE TO CONTINUE EMERGENCY DETENTION OF A PATIENT.
H. 4156 -- Rep. Harwell: A JOINT RESOLUTION TO NAME THE OVERPASS BRIDGE PRESENTLY UNDER CONSTRUCTION AND LOCATED AT THE INTERSECTION OF U. S. 301 AND S. C. 38 IN DILLON COUNTY THE "S. NORWOOD GASQUE BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
H. 4236 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO PROVIDE FOR THE INSPECTION OF A RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED OR HANDICAPPED PERSONS.
H. 4521 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO ADDITIONAL NEW MEDICAID COVERAGE GROUP, DESIGNATED AS REGULATION DOCUMENT NUMBER 1133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4656 -- Rep. Blanding: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE SOUTH CAROLINA FEDERATION OF WOMEN'S AND GIRLS CLUB.
H. 4684 -- Reps. Blanding, H. Brown, McKay, McLellan, T. Rogers, Blackwell, Elliott, Boan, Mattos, Washington, McCain, Winstead, J.W. Johnson and Klapman: A JOINT RESOLUTION TO AUTHORIZE THE STATE BOARD OF CORRECTIONS TO SELL TIMBER IN 1990 IN ADDITION TO THE ANNUAL TIMBER SALES PERMITTED BY LAW AND TO PROVIDE THAT THE PROCEEDS MUST BE USED FOR THE SAME PURPOSES AS OTHER TIMBER SALE PROCEEDS ARE USED BY THE BOARD.
The following House Bills were read the third time, passed and ordered returned to the House with amendments:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
H. 3638 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-2760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE DENIAL OF A LICENSE FOR A PRIVATE CHILD DAY CARE CENTER OR HOME; SECTION 20-7-2880, RELATING TO APPEALS FROM THE WITHDRAWAL OF A STATEMENT OF REGISTRATION FOR A CENTER OR HOME; SECTION 20-7-2920, RELATING TO INJUNCTIONS AGAINST A CHURCH OR RELIGIOUS CENTER OR HOME; AND SECTION 20-7-2940, RELATING TO APPEALS FROM THE SUSPENSION OF REGISTRATION FOR A CHURCH OR RELIGIOUS CENTER OR HOME, SO AS TO PROVIDE FOR APPEALS TO AND INJUNCTIONS IN THE FAMILY COURT INSTEAD OF CIRCUIT COURT AND PROVIDE FOR THE STANDARD OF REVIEW.
Senator McLEOD explained the Bill.
H. 3714 -- Rep. Mappus: A BILL TO AMEND SECTION 38-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER; AND TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO REDUCE THE BOND REQUIREMENTS FROM FIFTY TO TEN THOUSAND DOLLARS.
H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-285 SO AS TO PROVIDE THAT A LICENSE FOR A COMMUNITY RESIDENTIAL CARE FACILITY MUST NOT BE ISSUED WITHOUT AN INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
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.
S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.
S. 1332 -- Banking and Insurance Committee: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO DEFINE AN UNFAIR TRADE PRACTICE FOR AN AGENT, AN EMPLOYER, AND A MEMBER PARTICIPATING IN THE POOL; REVISE THE DEFINITION OF BOARD; DELETE THE REFERENCE TO THE BOARD OF DIRECTORS OF THE POOL AND PROVIDE FOR THE BOARD TO CONSIST OF THE DIRECTORS; PROVIDE FOR THE POOL TO HAVE THE POWERS GRANTED BY LAW TO INSURANCE COMPANIES LICENSED TO TRANSACT ACCIDENT AND HEALTH INSURANCE INSTEAD OF REFERRING TO INSURANCE AS DEFINED IN THE ACT; AND REVISE WHO MAY APPLY FOR POOL COVERAGE AND THE EXCEPTION FOR EXCLUSIONS FROM POOL COVERAGE.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
S. 243 -- Senators Pope and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
S. 1330 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
S. 1331 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.
S. 1242 -- Senator Williams: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
S. 624 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-65 SO AS TO PERMIT THE USE IN THIS STATE OF CERTAIN AUTOMATIC FUELING CLIPS ON SELF-SERVICE GASOLINE DISPENSERS; BY ADDING SECTION 39-41-255 SO AS TO PROVIDE THAT EVERY SERVICE STATION THAT HAS A WATER DISPENSER, AIR DISPENSER, OR BOTH, FOR USE IN SERVING VEHICLES SHALL ALLOW THESE DISPENSERS TO BE USED WITHOUT CHARGE; AND BY ADDING SECTION 39-41-265 SO AS TO PROVIDE THAT EVERY SERVICE STATION SHALL POST IN A CONSPICUOUS PLACE THE PRICE OF EACH TYPE OF GASOLINE IT HAS AVAILABLE, INCLUDING BOTH SELF-SERVICE AND FULL SERVICE PRICES.
On motion of Senator PATTERSON, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator MARTSCHINK argued contra to the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry and Senator PATTERSON argued in favor of the adoption.
Senator LEATHERMAN explained the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator PATTERSON resumed arguing in favor of the adoption of the amendment proposed by the committee.
Senator MARTSCHINK moved to lay the amendment proposed by the committee on the table.
The Senate refused to lay the amendments proposed by the committee on the table.
The question then was the adoption of the amendment proposed by the committee.
The amendment proposed by the committee was adopted as follows (Doc. No. 5631z):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 41, Title 39 of the 1976 Code is amended by adding:
"Section 39-41-255. Every service station shall post in a conspicuous place the self-service pump price for each type of gasoline it has available. The manner in which the prices are posted must not conflict with any state or local laws or ordinances that regulate the size, use or placement of billboards or signs."
SECTION 2. This act takes effect ninety days after approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1112 -- Senators Rose and Wilson: A BILL TO AMEND SUBARTICLE 17 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215, SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.
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. 2865J) was adopted as follows:
Amend the bill, as and if amended, beginning on page 1, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Subarticle 17 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2215. (A) While on the institutional grounds of the department, it is unlawful to furnish, attempt to furnish, or to possess, with the intent to furnish, contraband to any juvenile committed to the custody of the Department of Youth Services. 'Juvenile', for purposes of this section, is defined as any person committed to the custody of the Department of Youth Services. It is unlawful for a juvenile committed to the custody of the department to possess contraband.
(B) For purposes of this section, 'contraband' is defined as:
(1) any device which may be used as a weapon, including, but not limited to, firearms, knives, blades, clubs or billies; or
(2) drugs of any type or description, including, but not limited to, marijuana, cocaine, and any other controlled substance as listed in Chapter 53 of Title 44, for which a juvenile does not possess a current lawful prescription; or
(3) poisons or other dangerous chemicals which can cause injury or death; or
(4) flammable liquids of any type, including, but not limited to, gasoline, kerosene or lighter fluid; or
(5) any type of alcohol and any liquid containing any concentration of intoxicating alcohol; or
(6) keys, locks, or tools of any description not officially issued to the juvenile by the department; or
(7) any additional items determined to be contraband by the Commissioner of the Department of Youth Services.
(C) If the commissioner determines any additional items to be contraband, a list of these items must be published and posted in conspicuous places so as to be seen readily by any person entering the institutional grounds or on the institutional grounds of the Department of Youth Services.
(D) An adult found violating the provisions of this section shall be guilty of a felony and, upon conviction, be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both."/
Amend title to conform.
Senator ROSE 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.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
H. 4182 -- Rep. Davenport: A BILL TO AMEND SECTION 7-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO PROVIDE THAT THE VOTING PLACE FOR HILL TOP VOTING PRECINCT IS BETHANY BAPTIST CHURCH.
On motion of Senator POPE, H. 4182 was ordered to receive a third reading on Friday, March 2, 1990.
S. 936 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE CAPACITY OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES TO BE FOLLOWED IN MAKING THIS DETERMINATION.
S. 1038 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-170 SO AS TO PROVIDE THAT JURORS FOR MUNICIPAL COURTS, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.
H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.
H. 4200 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-145 SO AS TO PROVIDE A PROCEDURE FOR A PERSON HOLDING AN ELECTIVE PUBLIC OFFICE TO SUBMIT AN IRREVOCABLE RESIGNATION FROM HIS OFFICE TO BE EFFECTIVE ON A SPECIFIC DATE, REQUIRE AN ELECTION TO BE HELD TO FILL THE OFFICE AS IF THE VACANCY OCCURRED ON THE DATE THE IRREVOCABLE RESIGNATION IS SUBMITTED, AND PROVIDE THAT A NEWLY ELECTED OFFICIAL MAY NOT TAKE OFFICE UNTIL THE VACANCY ACTUALLY OCCURS; AND TO REPEAL ACT 294 OF 1988 RELATING TO THE PROCEDURE AUTHORIZED FOR AN ELECTED OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION TO BE EFFECTIVE AT A FUTURE DATE.
On motion of Senator HOLLAND, with unanimous consent, H. 4200 was ordered to receive a third reading on Friday, March 2, 1990.
H. 4341 -- Reps. R. Brown, McKay, Snow and Harwell: A JOINT RESOLUTION TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER A SCENIC RIVER.
On motion of Senator McGILL, with unanimous consent, H. 4341 was ordered to receive a third reading on Friday, March 2, 1990.
H. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.
Senator McCONNELL raised a Point of Order that under Rule 40, the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
The following Bill was carried over:
H. 4269 -- Rep. Wright: A BILL TO AMEND SECTION 23-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFF DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE LAW ENFORCEMENT OFFICER.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator STILWELL argued in favor of the second reading of the Bill and Senator LEE argued contra.
Senator LEE moved to lay the Bill on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Giese Holland Lee Leventis Long Mitchell
NAYS
Bryan Courson Fielding Gilbert Hayes Hinds Land Leatherman Lourie Macaulay Martschink McConnell McGill Moore Mullinax Passailaigue Patterson Peeler Pope Rose Russell Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate refused to lay the Bill on the table.
Senator HOLLAND was recognized to speak on the Bill.
Senator WADDELL asked unanimous consent, with Senator HOLLAND retaining the floor, to make a motion that the Bill be carried over in the status of Interrupted Debate, carrying over all amendments to second reading, which was agreed to.
Senator WADDELL asked unanimous consent, with Senator HOLLAND retaining the floor, to make a motion that the Senate proceed to the Executive Session, and upon lifting of the veil, stand adjourned to meet tomorrow at 11:00 A.M. for the consideration of local and uncontested matters, and upon adjournment on Friday, that the Senate stand adjourned to meet next Tuesday, March 6, 1990, at 12:00 Noon, which was agreed to.
Debate was interrupted by adjournment.
On motion of Senator HORACE C. SMITH, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
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 Rd., Greenville, S.C. 29609
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 Queensburry Dr., Greenville, S.C. 29609
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
Reappointment, Member, Juvenile Parole Board, with term to expire September 30, 1994:
3rd Congressional District:
Marlene McClain, 606 Sherry Drive, Anderson, S.C. 29621
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 Dr., Columbia, S.C. 29223
Reappointment, Member, Board of Financial Institutions, with term to expire June 30, 1994:
Charles Laffitte, Jr., Box 158, Hampton, S.C. 29924
Appointments, Members, Board of Financial Institutions, with term to expire June 30, 1994:
Ken Boiter, 201 Augusta Dr., Greenville, S.C. 29605 (Reappointment)
L. Wayne Pearson, 5000 Palm Blvd., Isle of Palms, S.C. 29451 VICE Lynn Hodge
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
Appointment, Member, Insurance Commission, with term to expire June 30, 1994:
4th Congressional District:
William S. Jones, 140 Nob Hill Rd., Spartanburg, S.C. 29302 VICE Wilbur Hodge (resigned)
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 Hgts., Union, S.C. 29379
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
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
Appointment, Member, 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 Dr., Myrtle Beach, S.C. 29577
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
Reappointment, Member, State Barber Board of Examiners, with term to expire June 30, 1994:
Thomas Brant, 5900 Rivers Ave., N. Charleston, S.C. 29418
Appointment, Member, Prisoner of War Commission, with term to expire July 1, 1991:
1st Congressional District:
Jacob Smart, P.O. Drawer Y, Ridgeway, S.C. 29936
At 1:40 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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