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 Pro Tempore.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear again the words of St. Paul to the Corinthians (I Cor. 14:7-8) (NEB):
"Even with inanimate things that
produce sounds--a flute, say,
or a lyre-----
Unless their notes mark definite
intervals, how can you tell what
tune is being played?
Or again, if the trumpet-call is not
clear, who will prepare for battle?"
Let us pray.
All-wise, Eternal God, as we work our way toward economic and governmental salvation, through conflicting ideas and motives, help us to see things in perspective.
Keep us from being overwhelmed by the trees of single issues that we fail to see the forest of our related and full-orbed responsibility.
Give us the grace to correct what is wrong in our common life, to strengthen what is weak, and promote what is well conceived and right in Your sight.
Amen.
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator MOORE introduced Dr. Ned Nicholson of Edgefield, Doctor of the Day.
The following were introduced:
S. 1393 -- Senators Wilson and Lourie: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE PEOPLE AND LEGISLATURE OF LITHUANIA FOR THEIR COURAGEOUS AND FREEDOM-LOVING ACTION IN FORMALLY DECLARING THE RESTORATION OF THEIR NATIONAL INDEPENDENCE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1394 -- Senator Lourie: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE, SO AS TO INCREASE THE FEE, ALLOW A COLLEGE OR UNIVERSITY TO SUBMIT A SYMBOL FOR APPROVAL AND REQUEST A CHANGE IN THE SYMBOL, AND PROVIDE FOR DISTRIBUTION OF THE FEE TO ALUMNI ASSOCIATIONS.
Read the first time and referred to the Committee on Transportation.
H. 4826 -- Reps. Waites, McBride, Faber, T. Rogers, J. Brown, Quinn, Harrison, Taylor, M.D. Burriss, Corning and T.M. Burriss: A CONCURRENT RESOLUTION RECOGNIZING THE LEAGUE OF WOMEN VOTERS OF THE COLUMBIA AREA FOR SPONSORING ON APRIL 21, 1990, A HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY AND THEREBY ENCOURAGING THE CITIZENS OF THE MIDLANDS REGION TO VOLUNTARILY DISPOSE SAFELY OF LEFTOVER AMOUNTS OF HOUSEHOLD SUBSTANCES WHICH IF NOT DISPOSED OF PROPERLY CAN BE HAZARDOUS TO HUMAN HEALTH OR TO THE NATURAL ENVIRONMENT.
Referred to the Committee on Agriculture and Natural Resources.
H. 4827 -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO COMMEND THE BROOME HIGH SCHOOL GIRLS' BASKETBALL
TEAM OF SPARTANBURG COUNTY SCHOOL DISTRICT 3 FOR WINNING THE 1990 3A STATE CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4828 -- Reps. Koon, Klapman, Sturkie, Sharpe, Wright, Derrick and Felder: A CONCURRENT RESOLUTION TO CONGRATULATE LEXINGTON HIGH SCHOOL AND LEXINGTON MIDDLE SCHOOL IN LEXINGTON SCHOOL DISTRICT 1 UPON BEING DESIGNATED AS DEREGULATED SCHOOLS BY THE STATE BOARD OF EDUCATION WHICH DESIGNATION EXEMPTS THESE SCHOOLS FROM MANY STATE REPORTING REQUIREMENTS AND REGULATIONS DUE TO EXCEPTIONAL STUDENT PERFORMANCE AND ACHIEVEMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
S. 973 -- Senator Pope: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE UNDERGROUND STORAGE TANK REGISTRATION FEES, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.
On motion of Senator McLEOD, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.
On motion of Senator McLEOD, the Bill was referred to the Committee on Finance.
H. 4094 -- Reps. Lockemy, Harwell, J. Rogers, Beasley, Neilson and Baxley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 9 BYPASS IN DILLON COUNTY IN MEMORY OF GEORGE TILLMAN RADFORD, A TROOPER WITH THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.
On motion of Senator LINDSAY, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator LINDSAY, the Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 4380 -- Reps. McKay, Harwell, McEachin, Nettles and Glover: A BILL TO PROVIDE FOR THE MANNER IN WHICH THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 4 IN FLORENCE COUNTY MUST BE ELECTED AND FOR THE METHOD OF ESTABLISHMENT OF THE TAX MILLAGE FOR THE DISTRICT.
On motion of Senator LEATHERMAN, the Bill was recalled from the Local Delegation.
On motion of Senator LEATHERMAN, the Bill was ordered placed on the Calendar for consideration tomorrow.
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.
On motion of Senator LINDSAY, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator LINDSAY, the Resolution was ordered placed on the Calendar for consideration tomorrow.
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.
On motion of Senator LINDSAY, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator LINDSAY, the Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 4664 -- Reps. Phillips and Moss: A BILL TO PROVIDE FOR THE FILING PERIOD IN WHICH CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST FILE FOR OFFICE.
On motion of Senator PEELER, the Bill was recalled from the Local Delegation.
On motion of Senator PEELER, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 4765 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1205, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator McLEOD, with unanimous consent, the Joint Resolution was recalled from the Committee on Judiciary.
On motion of Senator McLEOD, the Joint Resolution was referred to the Committee on Medical Affairs.
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.
The question being the adoption of the amendment, (Doc. No. 0850o) proposed and printed in the Journal of Tuesday, March 13, 1990.
Senator HOLLAND spoke on the Bill.
Senator MARTSCHINK objected to further consideration of the Bill.
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 third reading of the Bill.
Senator POPE proposed the following amendment (Doc. No. 3005J):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to the bill to read:
/SECTION ___. Any retirement allowance funds held by the System shall earn ten percent interest per annum from the date the retirement funds are payable until payment is made to and accepted by the beneficiary./
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of this act, the provisions of Section 9-8-60, as last amended by this act, shall take effect upon approval by the Governor./
Renumber remaining sections to conform.
Amend title to conform.
Senator POPE explained the amendment.
On motion of Senator LEVENTIS, the Bill was carried over.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
H. 4692 -- Reps. D. Williams, J. Williams, H. Brown and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-139 SO AS TO ESTABLISH A NO WAKE ZONE ON THE TAIL RACE CANAL IN BERKELEY COUNTY FROM THE HIGHWAY 52 BRIDGE TO ONE HUNDRED YARDS BELOW THE DOCK RESTAURANT.
S. 1389 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-540 SO AS TO PROVIDE THAT TARPON ARE GAMEFISH IN THIS STATE, TO PROVIDE A CATCH OR POSSESSION LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 753 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS.
S. 1093 -- Senator Holland: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE USE OF LIGHTS TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 2, SO AS TO EXTEND THE PROHIBITION TO GAME ZONES 1, 4, AND 5; AND TO REPEAL SECTIONS 50-11-703 AND 50-11-704 RELATING TO OBSERVING OR HARASSING WILDLIFE.
S. 1094 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706 SO AS TO PROHIBIT THE USE OF LIGHTS WHICH RECEIVE THEIR POWER FROM POWER SYSTEMS OF MOTOR VEHICLES OR WATER CONVEYANCES IN GAME ZONE 5.
S. 1109 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-702 SO AS TO PROHIBIT THE USE OF ARTIFICIAL LIGHTS FOR OBSERVING OR HARASSING WILDLIFE IN GAME ZONE 11 AND TO PROVIDE PENALTIES.
S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.
S. 1354 -- Senator Moore: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS, SO AS TO PERMIT THE RUNNING OF RABBITS WITH DOGS AT ANY TIME DURING THE YEAR IN ENCLOSURES APPROVED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.
Senator DRUMMOND explained the Bill.
H. 4233 -- Reps. McLellan and L. Martin: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO PROVIDE NEW OFFENSES AND PENALTIES PERTAINING TO THE TAKING OF BEAR AND BEAR PARTS AND TO DELETE THE PROVISION FOR THE ISSUANCE OF PERMITS TO KILL NUISANCE BEARS.
S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator GIESE, with unanimous consent, S. 1392 was ordered to receive a third reading on Thursday, March 15, 1990.
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.
The amendment proposed by the Committee on Judiciary (Doc. No. 2828J) 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 5-23-100(3) of the 1976 Code is amended to read:
"(3) To authorize upon appeal in specific cases such variance from the terms of any ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of such ordinance will result in unnecessary hardship and so that the spirit of such ordinance shall be is observed and substantial justice done; provided, however, a municipality may by ordinance require an affirmative vote of two-thirds of the board members present and voting before a variance may be granted for a use of land, a building, or a structure that is prohibited in a given district by ordinance or resolution."/
Amend title to conform.
Senator STILWELL proposed the following amendment (Doc. No. 2972J), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 5-23-70 of the 1976 Code is amended to read:
"Section 5-23-70. Such local legislative body may provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this article may provide that the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. The Board of Adjustment shall consist of not less than three nor more than seven nine members, a majority of which shall constitute a quorum, appointed for staggered terms of not less than three nor more than five years and until successors are appointed and qualify. Members may be removed from office for cause by the appointing authority upon written charges and after public hearing. Vacancies shall must be filled for the unexpired term of any member whose term becomes vacant."/
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 5-23-140 of the 1976 Code is amended to read:
"Section 5-23-140. In exercising the above-mentioned powers the board may, in conformity with the provisions of this article, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. Except as provided in Section 5-23-100(3), The the concurring vote of four a majority of the members of the board present and voting shall be is necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance."/
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The amendment proposed by the Committee on Finance (Doc. No. 0928X) was adopted as follows:
Amend the bill, as and if amended, in Section 8-11-155(A), as contained in SECTION 1, page 1, line 29, by striking /political subdivisions/ and inserting /institutions/ and on lines 31 and 32 by striking /arranging for the adopted child's placement or/ so that when amended Section 8-11-155(A) shall read:
/(A) An adoptive parent who is employed by this State, its departments, agencies, or institutions may use up to six weeks of his accrued sick leave to take time off for purposes of caring for the child after placement. The employer shall not penalize an employee for requesting or obtaining time off according to 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.
S. 1162 -- Senator Macaulay: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAILY CREEL AND SIZE LIMITS FOR STRIPED BASS (ROCKFISH) AND BLACK BASS ON LAKE MURRAY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO LAKE HARTWELL, LAKE KEOWEE, AND LAKE JOCASSEE AND TO ALLOW THE LIMITS TO BE SET BY EMERGENCY REGULATIONS ON THOSE THREE LAKES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
Senator POPE objected to consideration of the Bill.
The following Bills were carried over:
H. 4422 -- Rep. Snow: A BILL TO AMEND CHAPTER 37, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEES, SO AS TO PROVIDE FOR INSPECTION OF BEES AND FIXTURES AND FOR THE CONTROL AND ERADICATION OF ALL DISEASES WHICH MAY INFECT THEM AND TO PROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF REGULATIONS TO IMPLEMENT THOSE PURPOSES.
S. 1390 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, SO AS TO IMPOSE A MINIMUM SIZE LIMIT OF TWELVE INCHES TOTAL LENGTH ON FLOUNDER AND TO MAKE IT UNLAWFUL ALL YEAR INSTEAD OF JUNE TO SEPTEMBER TO TAKE, CATCH, POSSESS, LAND, OR SELL A RED DRUM UNDER MINIMUM SIZE.
S. 1391 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
S. 1348 -- Senators Russell and Giese: A CONCURRENT RESOLUTION DECLARING THE WEEK APRIL 1, 1990, THROUGH APRIL 7, 1990, AS DISABLED ATHLETES' WEEK IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1357 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 2, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1385 -- Senators Martschink, Setzler and Rose: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3410 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT LEGISLATION TO PROVIDE FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER TO OBTAIN A HUNTING OR FISHING LICENSE OR PERMIT WITHOUT COST.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4734 -- Reps. J. Bailey and Holt: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 2, 1990, AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SERVE THE UNEXPIRED TERM OF THE MEMBER OF THE COMMISSION WHO HAS RESIGNED.
The Concurrent Resolution was adopted, ordered returned to the House.
The PRESIDENT assumed the Chair.
On prior motion of Senator DRUMMOND, the Privilege of the Floor was extended to Mr. John Mark McQuown, son of Dr. and Mrs. James McQuown of Greenwood, Miss Essie Shealy of Lexington, both escorted by Senator DRUMMOND; and Miss Kelly Cromer of Richland County, escorted by Senator GIESE.
Mr. John Mark McQuown entertained the Senate with a song entitled "Friends".
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was given second reading with notice of general amendments on third reading, carrying over all amendments to third reading.
Made Special Order
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 that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Macaulay Martschink Matthews McConnell McGill Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Waddell
NAYS
McLeod Saleeby Williams
The Bill, S. 351, was made a Special Order.
S. 1314 -- Senator Williams: A BILL TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES ACT, SO AS TO DEFINE THE TERM "INVESTMENT ADVISER REPRESENTATIVE", TO AMEND SECTION 35-1-310, RELATING TO EXEMPT SECURITIES, SO AS TO FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE EXEMPT, TO AMEND SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520, 35-1-550, 35-1-560, 35-1-570, AND 35-1-580 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, AND TO AMEND SECTION 35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900, RELATING TO FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION 35-1-980, RELATING TO AMENDED REGISTRATION STATEMENTS AND THE FILING FEES FOR THE AMENDED STATEMENTS, SO AS TO REVISE THESE FEES.
On motion of Senator LINDSAY, the Bill was recalled from the Committee on Banking and Insurance.
On motion of Senator LINDSAY, the Bill was ordered placed on the Calendar for consideration tomorrow.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
Second Reading Rejected
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators POPE and McLEOD proposed the following amendment (Doc. No. 2979J), which was withdrawn:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber remaining sections to conform.
Amend title to conform.
On motion of Senator POPE, with unanimous consent, the amendment was withdrawn.
Senator STILWELL spoke on the Bill.
Senator SHEALY argued contra to second reading of the Bill and Senator MULLINAX argued in favor of second reading of the Bill.
Senators McCONNELL and SHEALY argued contra to second reading of the Bill.
Senator STILWELL made a motion that the Bill be given second reading with notice of general amendments on third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Gilbert Hayes Hinds Holland Long Lourie McGill Moore Mullinax Patterson Pope Saleeby Setzler Stilwell Waddell Williams Wilson
NAYS
Courson Drummond Helmly Hinson Lee Leventis Macaulay Martschink McConnell O'Dell Passailaigue Peeler Rose Russell Shealy Smith, J.V. Smith, N.W. Thomas
The Senate refused to give the Bill, H. 4483, a second reading.
At 12:59 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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