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 Senator J. VERNE SMITH.

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

Senator McCONNELL introduced Dr. Bart Barone of Charleston, Doctor of the Day.

Senator HORACE C. SMITH requested and was granted a leave of absence beginning Tuesday, March 13, 1990 for an indefinite period.

Columbia, S.C., March 8, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
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 refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House

On motion of Senator LEVENTIS, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.

Whereupon the PRESIDENT appointed Senators LEVENTIS, LEATHERMAN and SETZLER of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

The House returned the Bill with amendments.

On motion of Senator MARTIN, 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. 1255 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE DISPOSAL SITES, SO AS TO REVISE THE REQUIREMENTS FOR HAZARDOUS WASTE DISPOSAL BEGINNING JULY 1, 1990.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was carried over.

The following were introduced:

S. 1379 -- Senators Mullinax, Waddell and Pope: A BILL TO AMEND CHAPTER 9 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-31, SO AS TO PROVIDE FOR THE CREATION OF SPECIAL TAX DISTRICTS WITHIN THE ENTIRE UNINCORPORATED AREA OF A COUNTY, TO PROVIDE THAT NO REFERENDUM NEED BE HELD OR PETITION SUBMITTED PRIOR TO EITHER THE CREATION OF SUCH DISTRICT OR THE IMPOSITION OF AD VALOREM TAXES WITHIN SUCH DISTRICT, INCLUDING, BUT NOT LIMITED TO, TAXES LEVIED TO RETIRE GENERAL OBLIGATION BONDS ISSUED TO PROVIDE SUCH SERVICES, AND TO PROVIDE FOR THE IMPOSITION OF AD VALOREM TAXES, INCLUDING, BUT NOT LIMITED TO, TAXES LEVIED TO RETIRE GENERAL OBLIGATION BONDS ISSUED TO PROVIDE SERVICES IN SUCH DISTRICTS CREATED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.

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

S. 1380 -- Senator Bryan: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING SO AS TO PROVIDE FOR THE CREATION OF A REBUTTABLE INFERENCE THAT A DRIVER INTENDED TO VIOLATE THE PROVISIONS OF THIS SECTION WHEN THE VIOLATION OCCURRED IN A MOTOR VEHICLE OR A BOAT.

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

S. 1381 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL CONCERT BAND UPON BEING AWARDED THE "SUDLER FLAG OF HONOR" BY THE JOHN PHILIP SOUSA FOUNDATION, TO COMMEND THE BAND MEMBERS AND ITS DIRECTOR FOR BEING ONE OF ONLY THREE BANDS SELECTED FOR THE HONOR FROM THE ENTIRE COUNTRY, AND TO RECOGNIZE THE DEDICATION, HARD WORK, AND TALENT OF THIS FINE GROUP OF STUDENT MUSICIANS ALONG WITH THEIR DIRECTOR, MR. JOHN CULVAHOUSE, AND PARENTS.

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

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

Appointment, Member, Mining Council, with term to expire as follows:

June 30, 1993:

Alfred H. Vang, 4328 Trenholm Road, Columbia, S.C. 29206 VICE Ken Lillard

Columbia, S.C., March 8, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it requests the return of:
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.
Very respectfully,
Speaker of the House

On motion of Senator HORACE C. SMITH, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.

On motion of Senator HORACE C. SMITH, the vote whereby the Bill received a first reading was reconsidered.

On motion of Senator HORACE C. SMITH, the Bill was returned to the House by request.

The following Bills and Joint Resolution 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. 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.

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.

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.

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

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 POPE explained the Bill.

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

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. 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.

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.

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.

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.

S. 1275 -- Senator Land: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.

Senator LAND explained the Bill.

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.

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

Senator SETZLER proposed the following amendment (Doc. No. 494I), which was adopted:

Amend the bill, as and if amended, page 2, item (A) of Section 2-7-73 as contained in SECTION 2 by striking item (A) in its entirety and inserting a new item (A) to read as follows:

"(A) Any bill or resolution which would mandate a health coverage or offering of a health coverage by an insurance carrier, health care service contractor, or health maintenance organization as a component of individual or group policies, must have attached to it a statement of the financial impact of the coverage, according to the guidelines enumerated in subsection (B). This financial impact analysis must be conducted by the Division of Research and Statistical Services and signed by the Chief Insurance Commissioner, or his designee. The statement required by this section must be delivered to the Senate or House committee to which any bill or resolution is referred, within ten days of the written request of the Chairman of such committee."

Amend title to conform.

Senator SETZLER explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

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. 2784J) was adopted as follows:

Amend the bill, as and if amended, page 1, line 5 of Section 16-11-700(C)(1), as contained in SECTION 1, by inserting after the word /dollars/ the following:
/or imprisoned for not more than sixty days/.

Amend the bill further, as and if amended, page 1, line 12 of Section 16-11-700(C)(1), as contained in SECTION 1, by inserting after the word /court./ the following:
/Magistrates have jurisdiction of violations of this section./

Amend title to conform.

Senator GIESE proposed the following amendment (Doc. No. 2991J), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Section 16-11-700(C)(1) of the 1976 Code, as last amended by Act 530 of 1988, is further amended to read:

"(1) Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined punished as follows:

(a) for a first offense, a fine of not less than one hundred dollars nor more than two hundred dollars for each offense; provided, however, if aggravating circumstances exist, the court may, in its discretion, impose a fine not to exceed one thousand dollars;

(b) for a second or subsequent offense, a fine of not less than two hundred dollars nor more than one thousand dollars or imprisonment for not more than sixty days.

In addition to any fine and for each offense under the provisions of this item, the court also must also impose a minimum of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Magistrates have jurisdiction of violations of this section."/

Amend title to conform.

Senator GIESE explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

The amendment proposed by the Committee on Finance (Doc. No. 0927X) was adopted as follows:

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

/SECTION ___.   (A)   Section 9-9-50(2) of the 1976 Code is amended by adding at the end:

"A former member of the General Assembly who is a member of the South Carolina Retirement System may transfer credit from the Retirement System for members of the General Assembly to the South Carolina Retirement System upon payment of an amount equal to four percent of his current salary or the average of his salary in the three highest consecutive years, whichever is greater, for each year of service credited.

(B)   The amendment to Section 9-9-50(2) of the 1976 Code in subsection (A) of this section is effective upon approval by the Governor."/

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY proposed the following amendment (Doc. No. 3130R), which was adopted:

Amend the bill, as and if amended, Section 9-1-1620 as contained in SECTION 1, page 3, line 10 by inserting after the word /from/ the following:

/or death of /

Amend the bill further, Section 9-9-70 as contained in SECTION 2, page 4, line 38 by inserting after the word /from/ the following:

/or death of/

Amend the bill further, Section 9-11-150 as contained in SECTION 3, page 6, line 37 by inserting after the word /from/ the following:

/or death of/

Amend title to conform.

Senators WADDELL and MACAULAY explained the amendments.

On motion of Senator POPE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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

S. 1363 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO SUPERVISORS' LICENSES, SO AS TO CHANGE THE NUMBER OF HOURS REQUIRED FOR RENEWAL AND THE LENGTH OF THE LICENSURE PERIOD, TO ADD LICENSED SUPERVISORS TO THE LIST OF LICENSEES AFFECTED BY THE CODE OF ETHICS, AND TO DELETE REFERENCES TO APPLICATION FORMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1208, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

On motion of Senator WADDELL, with unanimous consent, S. 1351 was ordered to receive a third reading on Friday, March 9, 1990.

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.

On motion of Senator WADDELL, with unanimous consent, S. 1352 was ordered to receive a third reading on Friday, March 9, 1990.

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, S. 1360 was ordered to receive a third reading on Friday, March 9, 1990.

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.

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.

On motion of Senator WADDELL, with unanimous consent, H. 4379 was ordered to receive a third reading on Friday, March 9, 1990.

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.

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.

On motion of Senator WILLIAMS, with unanimous consent, S. 1095 was ordered to receive a third reading on Friday, March 9, 1990.

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.

Senator WADDELL explained the Bill.

On motion of Senator WADDELL, with unanimous consent, H. 4450 was ordered to receive a third reading on Friday, March 9, 1990.

S. 1140 -- Senators Rose and McGill: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY ALTERNATIVE AND INNOVATIVE METHODS OF FINANCING INFRASTRUCTURE OF PUBLIC HIGHWAY AND UTILITY PROJECTS.

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

Senators WADDELL and ROSE proposed the following amendment (Doc. No. 0497I), which was adopted:

Amend the resolution, as and if amended, in SECTION 1, page 1 by inserting before the semicolon on line 27:

/from the membership of the Senate and one of whom must be the Chairman of the Senate Finance Committee or his designee from the membership of the Senate/

Amend the resolution further, as and if amended, in SECTION 1, page 1 by inserting before the semicolon on line 31:

/from the membership of the House of Representatives and one of whom must be the Chairman of the Ways and Means Committee or his designee from the membership of the House of Representatives/.

Amend the resolution further, in SECTION 1, page 2, lines 12 and 13, by striking:

/The committee shall dissolve after the submission of its report./

and inserting:

/The committee shall dissolve after the submission of its report to the General Assembly, which must occur no later than one year from the date this act takes effect./

Amend the resolution further, in SECTION 1, page 1, line 32 by adding after the word /Governor/ and before /./

/from different geographic areas of the State/

Amend the resolution further, in SECTION 1, page 1, line 25 by inserting a /,/ after the word /Senate/

Amend the resolution further, in SECTION 1, page 1, line 29 by inserting a /,/ after the word /House/

Amend title to conform.

There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading.

Senator McCONNELL desired to be recorded as voting against the second reading of the Joint Resolution.

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.

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

The amendment proposed by the Committee on Judiciary (Doc. No. 2968J) was adopted as follows:

Amend the bill, as and if amended, page 1, line 42, in Section 29-15-10, as contained in SECTION 1, by striking /forty-five/ and inserting /thirty/.

Amend the bill further, as and if amended, page 2, line 37, in Section 29-15-10, as contained in SECTION 1, by striking /forty-five/ and inserting /thirty/.

Amend the bill further, as and if amended, page 3, line 8, in Section 29-15-10, as contained in SECTION 1, by striking /forty-five/ and inserting /thirty/.

Amend title to conform.

Senator POPE explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator POPE, with unanimous consent, H. 3441 was ordered to receive a third reading on Friday, March 9, 1990.

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The amendment proposed by the Committee on Agriculture and Natural Resources (Doc. No. 0907X) was adopted as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1.   Section 47-5-100 of the 1976 Code, as amended by Act 547 of 1988, is further amended to read:

"Section 47-5-100.   The county health department shall serve notice upon the owner of a dog or cat which has attacked or bitten a person to confine the animal at the expense of the owner upon his premises or at a county pound or other place designated in the notice for at least ten days after the animal has attacked or bitten a person. The licensed graduate veterinarian, the rabies control officer, or his assistants must be permitted by the owner of the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of confinement, to determine if the animal shows symptoms of rabies. No person shall may obstruct or interfere with the rabies control officer or his assistants in making the examination. The removal of the head of an animal suspected of having rabies must be performed by a licensed veterinarian, but the county health department shall may provide for the removal of the head if there is no veterinarian practicing within the county where the suspected animal is located or if no veterinarian located within the county will remove the head. The Department of Health and Environmental Control shall serve notice upon the owner of an animal other than a dog or cat when the department has knowledge that the animal has attacked or bitten a person. The notice must instruct the owner to have the animal immediately euthanized and have the brain submitted for rabies examination or to have the animal quarantined under conditions specified by the department. The owner shall comply immediately with the instructions in the notice."

SECTION 2.   This act takes effect upon approval by the Governor./

Amend title to conform.

Senator LAND explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

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.

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. 2855J) was adopted as follows:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Section 7-25-180 of the 1976 Code is amended to read:

"Section 7-25-180. It shall be is unlawful on any an election day within two hundred feet of the building wherein a polling place is located any entrance used by the voters to enter the polling place for any a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of the polling place any such entrance clear of political literature and displays, and the county and municipal law enforcement officers shall, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of a polling place any such entrance distributed or displayed in violation of this section."/

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator POPE, with unanimous consent, H. 3106 was ordered to receive a third reading on Friday, March 9, 1990.

H. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROHIBIT THE REQUIREMENT TO LABEL A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN IS NOT REQUIRED TO OBTAIN A FEDERAL OR STATE-CONTROLLED SUBSTANCE LICENSE, UNDER CERTAIN CONDITIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.

Senators BRYAN and LONG proposed the following amendment (Doc. No. 964X), which was adopted:

Amend the report of the Committee on Medical Affairs, as and if amended, in Section 39-23-55(B) as contained in SECTION 1, page 4425-1, by adding after /medication./ on line 44 /If adequate directions for usage are not provided on the manufacturer's package, the physician shall give adequate written directions./

Amend title to conform.

The amendment proposed by the Committee on Medical Affairs (Doc. No. 0710X) was adopted as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION   1.   The 1976 Code is amended by adding:

"Section 39-23-55. (A) For purposes of this section, 'sample' means a unit of a drug which is not intended by the manufacturer to be sold and which is intended to promote the sale of the drug.

(B)   The department may not require the labeling of a prescription or nonprescription drug sample for which a physician does not require a federal or state controlled substance license to dispense, when the physician dispenses it to a patient for no charge. If the sample is not in the manufacturer's original package, the physician shall label it meeting all requirements of nonsample prescription medication.

(C)   The labeling exemption established in this section does not apply when more than one hundred twenty dosage units or a thirty-day supply of a drug in solid form or eight ounces of a drug in liquid form is dispensed."

SECTION   2.   This act takes effect upon 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.

On motion of Senator BRYAN, with unanimous consent, H. 4425 was ordered to receive a third reading on Friday, March 9, 1990.

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

Senator GIESE explained the amendment.

Senator SHEALY objected to further consideration of the Bill.

H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator STILWELL explained the amendment.

Senator SHEALY objected to further consideration of the Bill.

H. 4693 -- Reps. Keyserling, J. Harris, Nesbitt, Manly, Keesley, H. Brown, Whipper and Waites: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1990 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 11, 1990, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4740 -- Reps. J. Rogers, J. Harris, Baxley, Farr, Fant, Neilson, Boan, Mattos, Glover, G. Bailey, Kinon, R. Brown, Kirsh, Harwell, Vaughn, Littlejohn, Smith, Kay, Sturkie, Barfield, Taylor, Wells, Beasley, Waites, J. Bailey, Manly, Keesley, Tucker, D. Martin, McGinnis, McKay, Rudnick, Ferguson, Jaskwhich and Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE AUTHORITY'S SELECTION OF A SITE IN RICHMOND COUNTY, NORTH CAROLINA, AS ONE OF FOUR POSSIBLE SITES FOR THE LOCATION OF A LOW-LEVEL RADIOACTIVE WASTE FACILITY IN NORTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

S. 247 -- Senator Hinds: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY METHODS OF CREATING BETTER COOPERATION AND LESS DUPLICATION AMONG THE VARIOUS NATURAL RESOURCES AGENCIES OF THE STATE.

On motion of Senator HINDS, with unanimous consent, the Concurrent Resolution was laid on the table.

The following Joint Resolution was carried over:

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.

Senator LAND explained the Joint Resolution.

(On motion of Senator LAND)

On motion of Senator LEVENTIS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

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

H. 4258 -- Rep. R. Brown: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO DELETE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FROM THE LIST OF AGENCIES WITH SPECIFIED TERMINATION DATES; AND TO AMEND SECTION 41-45-10, RELATING TO THE COORDINATING COUNCIL, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE COUNCIL MUST BE APPOINTED BY THE GOVERNOR RATHER THAN BEING THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD.

On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration.

On motion of Senator HOLLAND, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to be considered on third reading.

S. 351 -- Senator Leatherman: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, GIVING FALSE INFORMATION AS TO AGE TO PURCHASE BEER OR WINE, SECTION 61-9-60, BUYING BEER OR WINE ON LICENSED PREMISES TO GIVE IT TO A PERSON WHO CANNOT LAWFULLY CONSUME IT ON THE PREMISES, SECTION 61-13-287, TRANSFERRING OR GIVING BEER OR WINE TO A PERSON UNDER AGE TWENTY-ONE, SECTION 20-7-370, UNDER AGE POSSESSION OF BEER OR WINE, AND SECTION 20-7-380, UNDER AGE POSSESSION OF ALCOHOLIC LIQUORS, TO PROVIDE THAT THE SUSPENSION IS FOR A PERIOD OF SIX MONTHS FOR A FIRST OFFENSE, AND ONE YEAR FOR A SECOND OR SUBSEQUENT OFFENSE, TO PROVIDE THAT A VIOLATION OF ANY OF THE ENUMERATED OFFENSES WITHIN TEN YEARS FOLLOWING CONVICTION OF ANY OF THE OTHER ENUMERATED OFFENSES IS CONSIDERED A PRIOR OFFENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Senator LEATHERMAN moved to make the Bill a Special Order.

Senator LAND moved to lay the motion to make the Bill a Special Order on the table.

Senator LEATHERMAN raised a Point of Order that the motion to set a Bill for Special Order is not subject to a tabling motion.

The PRESIDENT overruled the Point of Order.

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

Bryan                     Drummond                  Fielding
Gilbert                   Hinds                     Holland
Land                      Martin                    Matthews
McGill                    McLeod                    Mitchell
Moore                     Mullinax                  O'Dell
Patterson                 Pope                      Russell
Saleeby                   Smith, H.C.               Smith, N.W.
Stilwell                  Waddell                   Williams

Courson                   Giese                     Hayes
Helmly                    Hinson                    Leatherman
Leventis                  Lourie                    Macaulay
Martschink                McConnell                 Passailaigue
Peeler                    Rose                      Setzler
Shealy                    Smith, J.V.               Wilson

The motion to make S. 351 a Special Order was tabled.

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

On motion of Senator HOLLAND, the Bill was made a 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 HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration.

Senator HOLLAND made a motion that the Bill be given a second reading, carrying over all amendments to be considered on third reading.

Senator PEELER objected.

On motion of Senator WILLIAMS, the Senate agreed that when the Senate adjourns on Thursday, that it meet for local and uncontested matters on Friday at 11:00 A.M., and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, March 13, 1990, at 12:00 Noon.

On motion of Senator LEVENTIS, 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:

Appointment, Member, Mining Council, with term to expire as follows:

June 30, 1993:

Alfred H. Vang, 4328 Trenholm Road, Columbia, S.C. 29206 VICE Ken Lillard

At 12:35 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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