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 Corinthians (II Cor. 4:16)(NEB):
"No wonder we do not lose heart!
Though our outward humanity is
in decay, yet day by day
we are inwardly renewed."
Let us pray.
O Lord, our Lord, Who spoke to St. Paul: You are the same yesterday, today, and forever. You live eternally! You rule all things!
As we so often confront the fickleness of popular opinion... and are so often shunted from side to side by the pressures of our public life, help us to find our direction... and our integrity... and our stability... in our personal relationship to You.
Give us the larger frame of eternity in which to do our thinking.
Lead us into... and through... the arena of our earthly conflicts, supported by our confidence in eternal values.
Give us a torch by which to find our way through our modern wilderness... through Christ our Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator MARTSCHINK introduced Dr. John C. Hawk, Jr., of Charleston, Doctor of the Day.
On motion of Senator STILWELL, Senator BRYAN was granted a leave of absence for today.
Columbia, S.C., March 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-315 SO AS TO PROVIDE FOR THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 7, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
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.
Very respectfully,
Speaker of the House
Received as information.
S. 1364 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE WALTER GAMEWELL "CURLY" WATSON, M.D., OF AIKEN COUNTY, A MODERN DAY FOLK HERO, UPON THE CELEBRATION OF HIS EIGHTIETH BIRTHDAY.
Returned with concurrence.
Received as information.
S. 883 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED.
The House returned the Bill with amendments.
On motion of Senator SALEEBY, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
The PRESIDENT appointed Senators LOURIE, NELL W. SMITH and ROSE of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 1360 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 20 AND NEW VOLUME 20A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1990.
On motion of Senator WILLIAMS, with unanimous consent, the Joint Resolution was recalled from the Committee on Judiciary.
On motion of Senator WILLIAMS, the Joint Resolution was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1365 -- Senator McGill: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF MATERIALS AND EQUIPMENT USED IN THE CONSTRUCTION OF FARM BUILDINGS.
Read the first time and referred to the Committee on Finance.
S. 1366 -- Senator Moore: A BILL TO AMEND SECTION 12-54-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST ON UNDERPAYMENTS OF ESTIMATED STATE INCOME TAXES, SO AS TO PROVIDE THAT NO INTEREST OR PENALTY IS DUE FOR UNDERPAYMENTS ATTRIBUTABLE TO PERSONAL SERVICE INCOME EARNED IN ANOTHER STATE ON WHICH WAS WITHHELD INCOME TAX DUE THAT STATE.
Read the first time and referred to the Committee on Finance.
S. 1367 -- Senators McConnell, Setzler, Leatherman, Rose and Drummond: A BILL TO AMEND SECTION 11-35-4210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO RESOLVE A PROTEST CONCERNING THE SOLICITATION OR THE AWARD OF A CONTRACT SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE SO AS TO PROVIDE THAT THE PROCUREMENT REVIEW PANEL MAY ASSESS REASONABLE COSTS AND ATTORNEY'S FEES AGAINST A PARTY OR A PARTY REPRESENTATIVE WHO SIGNS A PROTEST, MOTION OR OTHER PAPER THAT IS SUBMITTED FOR AN IMPROPER PURPOSE.
Read the first time and referred to the Committee on Judiciary.
S. 1368 -- Senators McConnell, Setzler, Leatherman and Drummond: A BILL TO AMEND SECTION 11-35-3230(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ARCHITECTURAL-ENGINEERING OR LAND SURVEYING CONTRACTS SO AS TO CLARIFY THE PROVISIONS GOVERNING THE NEGOTIATION AND AWARD OF SMALL CONTRACTS.
Read the first time and referred to the Committee on Judiciary.
S. 1369 -- Senators McConnell, Leatherman, Rose and Drummond: A BILL TO AMEND SECTION 11-35-3030(2)(a), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND PAYMENT BONDS CONCERNING CONSTRUCTION CONTRACTS SO AS TO PROVIDE THAT SECURITY MAY BE PROVIDED IN LIEU OF A PERFORMANCE BOND AND PAYMENT BOND WHEN THE CONTRACT DOES NOT EXCEED FIFTY THOUSAND DOLLARS.
Read the first time and referred to the Committee on Judiciary.
S. 1370 -- Senator Martschink: A BILL TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, AND PROVIDE FOR DEPARTMENT REGULATIONS ON NONIONIZING AS WELL AS IONIZING RADIATION; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.
Read the first time and referred to the Committee on Medical Affairs.
S. 1371 -- Senator Land: A BILL TO AMEND SECTION 39-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ICE CREAM, ICE MILK, AND OTHER FROZEN DESSERTS, SO AS TO DEFINE NONFAT ICE CREAM.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1372 -- Senators Pope, Land and O'Dell: A BILL TO AMEND SECTION 46-17-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE AN EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT FOR THE PROVISIONS PERTAINING TO AGRICULTURAL COMMODITIES MARKETING AND TO DELETE THE REFERENCE TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS AS THE ONLY EXEMPTION.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1373 -- Senator Land: A JOINT RESOLUTION TO PROVIDE THAT STATE AGENCIES OR DEPARTMENTS LOCATED WITHIN THE TWENTY-FOUR COUNTIES DECLARED DISASTER AREAS MAY NOT REQUIRE ITS EMPLOYEES TO MAKE UP TIME LOST FROM WORK BEFORE DECEMBER 31, 1989 CAUSED BY HURRICANE HUGO, TO PROVIDE THAT EMPLOYEES OF THE STATE OF SOUTH CAROLINA WHOSE PLACES OF EMPLOYMENT WERE LOCATED WITHIN THE TWENTY-FOUR COUNTIES DECLARED DISASTER AREAS AS A RESULT OF HURRICANE HUGO ARE NOT REQUIRED UNDER THE HAZARDOUS WEATHER POLICY TO MAKE UP TIME LOST FROM WORK BEFORE DECEMBER 31, 1989 CAUSED BY HURRICANE HUGO, AND TO PROVIDE FOR COMPENSATORY TIME FOR CERTAIN EMPLOYEES.
Read the first time and referred to the Committee on Finance.
S. 1374 -- Senator Drummond: A BILL TO AMEND SECTION 48-28-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1375 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-156 SO AS TO REQUIRE PRESCRIPTIONS FOR CONTROLLED SUBSTANCES TO BE PREPARED IN TRIPLICATE, TO PRESCRIBE CERTAIN PROCEDURES WHICH THE PRESCRIBER AND THE PHARMACIST MUST FOLLOW IN REGARD TO THESE PRESCRIPTIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 1376 -- Senator Peeler: A BILL TO AMEND SECTION 44-53-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESCRIPTION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE WHEN A PRESCRIPTION MAY BE ISSUED AND TO PROVIDE WHEN A CONTROLLED SUBSTANCE MAY BE DISPENSED WITHOUT A PRESCRIPTION; AND TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CONTROLLED SUBSTANCES ACT BY ADDING SECTION 44-53-361, SO AS TO PROVIDE THE PROCEDURE FOR FILING TRIPLICATE PRESCRIPTION FORMS FOR CERTAIN PRESCRIPTIONS, TO PROVIDE THE INFORMATION REQUIRED ON TRIPLICATE PRESCRIPTION FORMS FOR CONTROLLED SUBSTANCES, TO PROVIDE FOR THE RETURN OF UNUSED PRESCRIPTION FORMS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO ESTABLISH THE PERIOD FOR WHICH PATIENT INFORMATION IS RETAINED, BY ADDING SECTION 44-53-362, SO AS TO MAKE IT UNLAWFUL TO DISPENSE CONTROLLED SUBSTANCES INCONSISTENTLY WITH THIS ARTICLE, AND BY ADDING SECTION 44-53-363, SO AS TO ALLOW PRACTITIONERS TO ADMINISTER CONTROLLED SUBSTANCES DURING THE REGULAR COURSE OF THEIR PROFESSIONAL PRACTICE.
Read the first time and referred to the Committee on Medical Affairs.
S. 1377 -- Senator Rose: A CONCURRENT RESOLUTION REQUESTING THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATION, TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM SHALL BE AUTHORIZED PER DIEM, MILEAGE AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE RESPECTIVELY, AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1990 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION THEREAFTER.
Referred to the Committee on Finance.
S. 1378 -- Senators Wilson, Courson, Martschink, McConnell, Peeler, Rose, Thomas, Shealy, Lee, Russell, Giese, Lourie and Stilwell: A SENATE RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE SENATE TO MR. LEE ATWATER, CHAIRMAN OF THE REPUBLICAN NATIONAL COMMITTEE, FOR A SPEEDY RECOVERY.
On motion of Senator WILSON, with unanimous consent, the Senate Resolution was adopted.
H. 4586 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MOTOR VEHICLE DIVISION SALES OFFICE OF THE DEPARTMENT IN MARLBORO COUNTY IN HONOR OF THE LATE WADE H. CROW.
Referred to the Committee on Transportation.
H. 4587 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MARLBORO COUNTY HIGHWAY PATROL OFFICE IN HONOR OF THE LATE TROOPER FIRST CLASS GEORGE TILLMAN RADFORD.
Referred to the Committee on Transportation.
H. 4599 -- Reps. Kohn, J. Bailey, Winstead and Hallman: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT TO TAKE ALL STEPS NECESSARY TO HAVE CERTAIN DAYS OF INSTRUCTION MISSED BY THE STUDENTS OF THE DISTRICT WAIVED BY THE APPROPRIATE OFFICIALS OF THE STATE DEPARTMENT OF EDUCATION.
Whereas, when Hurricane Hugo hit South Carolina on September 21 and 22, 1989, many problems and complications arose including a severe disruption of the school system in our State; and
Whereas, perhaps the hardest hit school system was in the Charleston County School District where sixteen school days were missed; and
Whereas, in the aftermath of Hurricane Hugo, school administrators, teachers, students, and parents in Charleston have pulled together and done a magnificent job in coping with the problems caused by this terrible natural disaster; and
Whereas, the Charleston County School District has already made up six days of instruction on its own and under pending legislation in the General Assembly, five additional days of instruction are to be waived; and
Whereas, this pending legislation will also allow the school board to request a waiver under certain conditions from the State Department of Education of the remaining days of instruction not made up to date and not otherwise waived; and
Whereas, the members of the General Assembly, by this resolution, believe that it would be in the best interest of all those concerned in Charleston County if the school board would take all necessary steps to have these remaining days waived by the State Department of Education. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the board of trustees of the Charleston County School District to take all steps necessary to have the remaining days of instruction missed by the students of the district waived by the appropriate officials of the State Department of Education if these days have not been made up as of the date of this resolution and are not otherwise waived by applicable provisions of law.
Be it further resolved that a copy of this resolution be forwarded to the board of trustees of Charleston County School District.
Referred to the Local Delegation.
H. 4774 -- Reps. Corning, T.M. Burriss, M.O. Alexander, T.C. Alexander, T. Rogers, Felder, Taylor, Hendricks, Simpson, Wells, Snow, Bennett, Chamblee, McLellan, Cooper, Beasley, Waldrop, Bruce, Kirsh, Haskins, Wright, Baxley and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY BASKETBALL TEAM AND COACH CLIFF ELLIS ON WINNING THE ATLANTIC COAST CONFERENCE REGULAR SEASON TITLE AND TO WISH THEM THE BEST IN THE UPCOMING ATLANTIC COAST CONFERENCE TOURNAMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4785 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JAMES B. "BUCK" TERRY, JR., OF ANDERSON UPON HIS RESIGNATION FROM THE ANDERSON COUNTY PLANNING AND DEVELOPMENT BOARD AND FROM HIS POSITION AS CITY EXECUTIVE AT FIRST CITIZENS BANK OF SOUTH CAROLINA AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4791 -- Rep. Haskins: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER, HOUSE CHAMBER, AND THE BLATT AND GRESSETTE BUILDINGS NOVEMBER 8 THROUGH NOVEMBER 11, 1990, FOR ITS ANNUAL MEETING.
Referred to the Committee on Invitations.
H. 4792 -- Rep. Bruce: A CONCURRENT RESOLUTION TO JOIN THE CELEBRATION OF THE TWENTY-FIFTH BIRTHDAY OF MASCOT HOMES, INC., OF GRAMLING IN SPARTANBURG COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4793 -- Reps. Davenport, Cole, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION CONGRATULATING MISS GINA MARIE TOLLESON OF SPARTANBURG FOR BEING CHOSEN FIRST RUNNERUP IN THE MISS USA PAGEANT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.
Read the first time and referred to the Committee on Judiciary.
H. 4349 -- Rep. McCain: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING AND UTTERING CHECKS, SO AS TO PROVIDE THAT WHERE THE ACCOUNT OF THE MAKER OR DRAWER OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER WAS CLOSED BEFORE THE DATE OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER, A PERSON OTHERWISE ENTITLED TO INSTITUTE PROSECUTION UNDER THE PROVISIONS OF THIS SECTION MAY DO SO WITHOUT GIVING THE NOTICE REQUIRED BY THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
H. 4435 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO INCREASE FROM TWO TO FOUR YEARS THE TERM FOR WHICH HE IS APPOINTED.
Read the first time and referred to the General Committee.
H. 4474 -- Rep. Moss: A BILL TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING HOME ADMINISTRATORS, SO AS TO PROVIDE FOR THE LICENSURE OF NURSING HOME ADMINISTRATORS, PRESCRIBE CONDUCT FOR DISCIPLINARY ACTION, AND PRESCRIBE THE DUTIES AND POWERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, INCLUDING THOSE FOR THE ISSUANCE OF LICENSE AND DISCIPLINARY PROCEEDINGS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4484 -- Rep. Farr: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 101 SO AS TO ENACT THE AIDS PUBLIC SAFETY AND TESTING DISCLOSURE ACT.
Read the first time and referred to the Committee on Medical Affairs.
H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3481 -- Reps. Lanford, Moss, Limehouse, Cole, Davenport, Haskins, Clyborne, H. Brown and Wofford: A BILL TO AMEND SECTION 44-63-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO REQUIRE COUNTY CORONERS TO ISSUE BURIAL-REMOVAL-TRANSIT PERMITS FOR VIOLENT AND ACCIDENTAL DEATHS OCCURRING OUTSIDE HOSPITALS, NURSING HOMES, OR OTHER INSTITUTIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3919 -- Rep. Hearn: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE REQUIREMENT THAT FEES FOR ATTORNEYS AND PHYSICIANS AND CHARGES OF HOSPITALS FOR SERVICES UNDER TITLE 42 ARE SUBJECT TO THE APPROVAL OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE CRIMINAL OFFENSE AND PENALTIES, TO PROVIDE A PROCEDURE FOR OBTAINING FEES OR CHARGES, AND TO ESTABLISH A CIVIL PENALTY WHICH MAY BE IMPOSED UPON ATTORNEYS, PHYSICIANS, OR HOSPITALS WHO REPEATEDLY AND WILFULLY CHARGE FEES IN EXCESS OF THE COMMISSION'S GUIDELINES.
Read the first time and referred to the Committee on Judiciary.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
H. 3132 -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1625 SO AS TO PROVIDE THAT A RETIREE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY NOMINATE MORE THAN ONE BENEFICIARY TO TAKE A RETIREMENT ALLOWANCE AS PROVIDED BY SECTION 9-1-1620.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO USE ACCRUED LEAVE FOR THE PURPOSES OF ARRANGING FOR THE ADOPTED CHILD'S PLACEMENT OR CARING FOR THE CHILD AFTER PLACEMENT.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
H. 4220 -- Reps. P. Harris, Blackwell and Waldrop: A JOINT RESOLUTION TO DIRECT THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD TO STUDY THE ADULT DAY CARE SERVICE NEEDS OF STATE EMPLOYEES WHO CURRENTLY ARE TAKING CARE OF FAMILY MEMBERS AND TO EXAMINE WAYS OF PROVIDING STATE-SUPPORTED ADULT DAY CARE SERVICES.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
H. 4379 -- Reps. Kirsh, Holt, McLellan, Klapman, McTeer, Blanding and McElveen: A BILL TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-55 SO AS TO AUTHORIZE THE CITADEL BOARD OF VISITORS TO ESTABLISH A NONPROFIT ELEEMOSYNARY CORPORATION FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AND SUPPORT TO THE COLLEGE, TO AUTHORIZE THE TRANSFER OF CERTAIN NONSTATE APPROPRIATED FUNDS OR PROPERTY TO THIS NONPROFIT CORPORATION, AND TO PROVIDE FOR DISCLOSURE AND REPORTING REQUIREMENTS REGARDING THESE FUNDS AND PROPERTY.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
H. 4547 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.
Ordered for consideration tomorrow.
Senator POPE, from the Committee on Judiciary, submitted a majority favorable, with amendments, and Senator McCONNELL a minority unfavorable report on:
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Ordered for consideration tomorrow.
Senator LEE, from the Committee on Judiciary, submitted a favorable report on:
S. 1095 -- Senators Shealy, Setzler, Martschink, Peeler, Hinson, Holland, Long, Bryan, O'Dell, Horace C. Smith, Lee and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-7-845 AND 22-2-85 SO AS TO PROVIDE THAT JURY SERVICE FOR STUDENTS IS, UPON REQUEST, POSTPONED UNTIL A DATE THAT DOES NOT CONFLICT WITH THE SCHOOL TERM.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 3106 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
Ordered for consideration tomorrow.
Senator LEE, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 3441 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO FIFTEEN DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendments report on:
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Petroleum Association to attend a legislative reception at the Marriott on Tuesday, March 13, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the County Directors and Supervisors Association to attend a legislative reception at the Radisson Hotel on Tuesday, March 13, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Board of Visitors of Clemson University to attend a reception at the Radisson Hotel on Tuesday, March 13, 1990, beginning at 8:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. State Firemen's Association to attend a luncheon at the S.C. Fire Academy on Wednesday, March 14, 1990, beginning at 12:30 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Association of Regional Councils to attend a legislative reception at the Capital City Club on Wednesday, March 14, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Chapter of the National Association of Social Workers to attend a legislative reception at the Radisson Hotel on Wednesday, March 14, 1990, beginning at 8:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from S.C. Women Involved in Farm Economics to attend a breakfast at the State House on Thursday, March 15, 1990, beginning at 8:00 A.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Municipal Association of S.C. to attend a reception at the Radisson Hotel on March 28, 1990, beginning at 6:30 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Home Builders Association of S.C. to attend a dinner at the Ellison Building on Wednesday, April 4, 1990, beginning at 7:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Independent Consumer Finance Association of S.C. to attend a reception at the Town House on March 20, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the National Guard Association to attend a reception at the Armory on Bluff Road on March 20, 1990, beginning at 8:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Medical Association to attend a reception at the Capital City Club on Wednesday, March 21, 1990, beginning at 6:30 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Chapter of the American Institute of Architects to attend a reception at their Chapter Headquarters on April 10, 1990, beginning at 8:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Prayer Fellowship to attend a breakfast at the Radisson Hotel on April 11, 1990, beginning at 7:45 A.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Society of Professional Engineers to attend a reception at the Columbia Chamber of Commerce on April 11, 1990, beginning at 8:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Independent Banks of S.C. to attend a reception at the Capital City Club on Tuesday, April 17, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Governor's Community Improvement Board and Earth Day 1990 to attend a reception at the Radisson Hotel on April 24, 1990, beginning at 8:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Wil Lou Gray Opportunity School to attend a barbecue at the Wil Lou Gray Opportunity School, West Campus Road, West Columbia on May 2, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Dairy Association to attend a breakfast at the Capital City Club on Thursday, May 3, 1990, beginning at 8:00 A.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Governor to attend a legislative reception at the Governor's Mansion on Tuesday, May 1, 1990, beginning at 6:00 P.M.
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. 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.
(On motion of Senator PEELER, with unanimous consent)
Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martin 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.
S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
The House returned the Bill with an amendment.
The PRESIDENT sustained the Point of Order raised by Senator LEATHERMAN on Tuesday, March 6, 1990, whereby the amendment returned by the House of Representatives constituted an amendment to the third degree and, therefore, was out of order.
Senator LEATHERMAN raised a Point of Order that because of the instant Ruling by the PRESIDENT, the Bill was out of order in that it was not properly before the Senate and, consequently, should be returned to the House of Representatives.
Senator McCONNELL spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order raised by Senator LEATHERMAN and stated that the Bill was in possession of the Senate and properly before the Senate inasmuch as the title had been read and the matter had been announced by the PRESIDENT as the order for consideration.
Senators WADDELL, McCONNELL, PASSAILAIGUE and ROSE proposed the following amendment (Doc. No. 0911X):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 51-13-710 of the 1976 Code is amended to read:
"Section 51-13-710. There is hereby created the Patriot's Point Development Authority, a body politic and corporate under the laws of this State, consisting of and governed by a board of nine five members hereinafter referred to as the Authority. On June 30, 1983, the General Assembly may transfer the powers, responsibilities, liabilities and assets of the Authority to the Department of Parks, Recreation and Tourism; but no obligation or contract of the Authority shall be impaired by such transfer, and the full faith and credit of the State shall be given to assure the performance of obligations so transferred."
SECTION 2. Section 51-13-720 of the 1976 Code is amended to read:
"Section 51-13-720. Members of the Authority shall must be appointed by the Governor as follows: one member from each congressional district upon nomination by the Congressman and three at large, one upon nomination by each United States Senator and one by the Governor, who shall serve as chairman. The terms of the members shall be for four years and until their successors are appointed and qualify except that of those to be appointed July 1, 1978, four members shall serve for two years and five shall serve for four years. The length of such terms shall be determined by lot. Members shall be eligible to succeed themselves. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. Commencing July 1, 1978, the at-large member nominated by the Governor shall serve as chairman and on July 1, 1978, and each two years thereafter the members shall elect a vice-chairman and such other officers as they deem necessary from their membership. one upon the joint recommendation of the Chairman of the House Ways and Means Committee and the Speaker of the House, one upon the joint recommendation of the Chairman of the Senate Finance Committee and the President Pro Tempore of the Senate, and three to be appointed by the Governor. The Governor shall appoint the chairman. The terms of the members are for four years and until their successors are appointed and qualify. Members may succeed themselves. Vacancies must be filled in the same manner of the original appointment for the remainder of the unexpired term."
SECTION 3. Section 51-13-810 of the 1976 Code is amended to read:
"Section 51-13-810. As a means of raising the funds needed from time to time in the acquisition, construction, equipment, maintenance, and operation of any facility, building, structure, or any other matter or thing which the authority is herein authorized to acquire, construct, equip, maintain, or operate, all or any of them, the Authority may issue bonds, payable both as to principal and interest from the revenues to be derived from admissions to and charges for the operation of all or any part of its properties and facilities, and the powers and authority granted to counties, cities, school districts and other political subdivisions of the State are hereby extended to and made available to the Authority. All revenue bonds issued by the Authority to obtain funds for the acquisition, construction, equipment, maintenance and operation of its properties and facilities shall be issued in accordance with the provisions of Sections 6-21-10 to 6-21-570, and all conditions, restrictions and limitations imposed by such sections, as amended, shall be observed by the Authority in the issuance of such bonds, except as follows:
(1) A pledge of the net revenues derived from the operation of its properties and facilities, all or any of them, rather than its gross revenues, may be made; and
(2) Free service may, in the discretion of the Authority, be afforded to the State of South Carolina or the United States of America, or any agency, political subdivision, department, corporation or instrumentality thereof, by any property or facility of the Authority to acquire, construct, equip, maintain and operate which funds were obtained from the revenue bonds purchased and held by a State or Federal agency, provided such free service is with the consent and at the request of the State or Federal agency then holding the whole of such revenue bonds, subject to the approval of the Budget and Control Board, may borrow money and make and issue negotiable notes, or other evidences of indebtedness and provide for their payment under terms and conditions the Authority determines."
SECTION 4. Section 51-13-840 of the 1976 Code is amended to read:
"Section 51-13-840. The property of the Authority shall is not be subject to any taxes, or sums in lieu of taxes, or assessments thereon on the property."
SECTION 5. The 1976 Code is amended by adding:
"Section 51-13-860. The Budget and Control Board may transfer to the Authority an amount not to exceed six million dollars from the funds made available to the South Carolina Coordinating Council for Economic Development pursuant to Section 12-27-1270, for the purpose of the Authority participating in any court approved settlement of the claims and litigation brought against the Authority, its officers, employees or agents and arising from, related to, or connected with the development of a hotel and marina complex upon the lands of the Authority, and for those other operating expenses necessary for the further development of the Authority. This transfer is considered a loan to the Authority and it must be for a period not to exceed three years as determined by the Budget and Control Board and must be free of interest for that period."
SECTION 6. The 1976 Code is amended by adding:
"Section 51-13-870. On or before January 1, 1994, the Authority shall submit a report to the Governor and the General Assembly which provides a detailed status of the development activities, financial condition of the Authority, and recommendations for legislation to assure the permanent status of the Patriot's Point Naval and Maritime Museum."
SECTION 7. This act takes effect upon approval by the Governor, except that the provisions of Sections 1, 2, 5, and 6 of this act do not take effect until the date that all claims and litigation, brought against the Patriot's Point Development Authority, its officers, employees, or agents and arising from, related to, or connected with the development of a hotel and marina complex upon the lands of the Authority, have been settled or otherwise disposed of to the satisfaction of the Governor and the State Budget and Control Board as evidenced by written resolution of the Board. On the date of this written resolution, the terms of the present members of the Authority expire and their successors appointed in the manner provided by this act shall take office./
Amend title to conform.
Senator WADDELL argued in favor of the adoption of the amendment and Senator HINDS argued contra.
Senators McCONNELL, PASSAILAIGUE and ROSE argued in favor of the adoption of the amendment.
Debate was interrupted by recess.
At 1:11 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 3:30 P.M.
The Senate reassembled at 3:30 P.M. and was called to order by the PRESIDENT.
Senator STILWELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Land Leatherman Lee Leventis Long Lourie Macaulay Martschink Matthews McConnell McGill McLeod Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
The Senate resumed consideration of the Bill.
The question being the adoption of the amendment (Doc. No. 0911X) proposed by Senators WADDELL, McCONNELL, PASSAILAIGUE and ROSE.
Senator LEATHERMAN argued contra to the adoption of the amendment.
Senator SHEALY argued in favor of the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Drummond Fielding Giese Hayes Helmly Hinds Hinson Land Lee Leventis Long Lourie Macaulay Martschink Matthews McConnell McGill McLeod Moore Mullinax O'Dell Passailaigue Patterson Rose Russell Setzler Shealy Smith, H.C. Smith, J.V. Waddell Williams Wilson
NAYS
Gilbert Leatherman Peeler Smith, N.W.
PAIRED
Stilwell (Present) Nay
Saleeby (Absent) Aye
The amendment was adopted.
The Bill was ordered returned to the House with amendments.
I abstained from voting on S. 699 (Patriot's Point Bill) or any amendments to same because my wife is employed by Haynsworth, Marion, McKay and Guerard which did some legal work at Patriot's Point and is presently a defendant in litigation involving Patriot's Point. Although I do not believe there is any conflict of interest, I abstained to avoid the appearance of any conflict of interest.
On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed at the conclusion of the Morning Hour to dispense with the matters on the uncontested Calendar and proceed to the Interrupted Debate.
On motion of Senator McLEOD, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
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 motion to table the motion to commit the Bill to the Committee on Labor, Commerce and Industry.
The motion to commit the Bill to the Committee on Labor, Commerce and Industry was tabled.
On motion of Senator LEE, with unanimous consent, the amendment (Doc. No. 2860J) proposed by Senator LEE was carried over to be considered on third reading.
The question then was the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Drummond Gilbert Hinds Land Leatherman Lourie Macaulay Martschink McConnell McGill Moore O'Dell Passailaigue Peeler Pope Rose Russell Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Williams
NAYS
Fielding Giese Hayes Lee Leventis Long Matthews Mullinax Setzler
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Made Special Order
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.
On motion of Senator WILLIAMS, the Bill was made a Special Order.
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.
On motion of Senator HORACE C. SMITH, the Bill was recalled from the Committee on Banking and Insurance.
On motion of Senator HORACE C. SMITH, the Bill was ordered placed on the Calendar for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
Appointments, Members, Mining Council, with terms to expire as follows:
June 30, 1994:
James C. Ryan, Jr., 19 S. Irvine Street, Greenville, S.C. 29603 VICE Barbara Nuessle
J. Christian Swift, P.O. Box 6, Lugoff, S.C. 29078 (reappointment)
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted favorable report on:
Appointment, Member, Mining Council as the State Development Board representative, with term to expire May 21, 1993:
Lewis Harrison, P.O. Box 226, Roebuck, S.C. 29376 VICE Garnet Barnes
Senator McLEOD, from the Committee on Medical Affairs, submitted favorable report on:
Appointment, Member, Commission for the Blind, with term to expire May 19, 1993:
2nd Congressional District:
Harris W. Hollis, 3703 Overcreek Road, Columbia, S.C. 29206 VICE William J. Shealy
Senator McLEOD, from the Committee on Medical Affairs, submitted favorable report on:
Appointments, Members, State Foster Care Review Board, with terms to expire June 30, 1993:
2nd Congressional District:
Cecilia Aversa, 1108 Baywater Drive, West Columbia, S.C. 29169 VICE Frances McMeekin
6th Congressional District:
JoAnn Waldrop, 515 Kingston Street, Conway, S.C. 29526 VICE Martha Jo McGlothin
On motion of Senator McLEOD, 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:
Appointments, Members, Mining Council, with terms to expire as follows:
June 30, 1994:
James C. Ryan, Jr., 19 S. Irvine Street, Greenville, S.C. 29603 VICE Barbara Nuessle
J. Christian Swift, P.O. Box 6, Lugoff, S.C. 29078 (reappointment)
Appointment, Member, Mining Council as the State Development Board representative, with term to expire May 21, 1993:
Lewis Harrison, P.O. Box 226, Roebuck, S.C. 29376 VICE Garnet Barnes
Appointment, Member, Commission for the Blind, with term to expire May 19, 1993:
2nd Congressional District:
Harris W. Hollis, 3703 Overcreek Road, Columbia, S.C. 29206 VICE William J. Shealy
Appointments, Members, State Foster Care Review Board, with terms to expire June 30, 1993:
2nd Congressional District:
Cecilia Aversa, 1108 Baywater Drive, West Columbia, S.C. 29169 VICE Frances McMeekin
6th Congressional District:
JoAnn Waldrop, 515 Kingston Street, Conway, S.C. 29526 VICE Martha Jo McGlothin
At 5:32 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on
Tuesday, June 30, 2009 at 1:19 P.M.