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, let us hear together the words of Psalm 118 (vv. 1-4):
"Give thanks to the Lord,
For He is good;
His love endures forever."
Let Israel say:
"His love endures forever."
Let the house of Aaron say:
"His love endures forever."
Let those who fear the Lord say:
"His love endures forever."
Let us pray.
Our Father, we thank You that as beneath the swelling ocean waves there is a place of peace and tranquility, even so beneath the outward, visible turmoil of our temporal world there is a place, accessible to every soul where may be found peace of soul and serenity of spirit: the place of prayer and communion and trust in You... The Always, Everywhere Presence!
Lord, be with us to refresh us, around us to protect us, before us to guide us, above us to bless us, beneath us to uphold us, who liveth and reigneth, one God, world without end.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 19, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, Lancaster County Board of Voter Registration, with terms to expire March 15, 1992:
Ms. Peggy Marshall, Route 3, Box 53, Heath Springs, S.C. 29058
George Porter Kensington, 425 Plantation Road, Lancaster, S.C. 29720
Floyd Phillips, Route 2, Box 90, Kershaw, S.C. 29067
Robert B. Knight, 117 Oakland Circle, Lancaster, S.C. 29720
Rev. Lloyd Reid, Route 7, Great Falls Road, Lancaster, S.C. 29720
March 15, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
I am pleased to invite the members of the Senate to be our guests at an oyster roast in support of Donald Bailey for the Board of Trustees of the University of South Carolina from the 9th Judicial Circuit, April 3, 1990 at Cocks Corner, located at the corner of George Rogers Blvd. and Shop Rd. from 8 to 10 P.M.
We look forward to this evening with our legislators.
Sincerely,
Donald Bailey
Referred to Committee on Invitations.
March 8, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
The South Carolina Commission on Women wishes to extend an invitation to members of the South Carolina Senate to attend the annual Women's History Month Awards luncheon to be held on Wednesday, March 28, 1990 at the Embassy Suites Hotel, 200 Stoneridge Drive, Columbia, 1:00 P.M. - 3:00 P.M. This luncheon will recognize the contribution of four South Carolina Women of Achievement. We hope that members of the Senate will acknowledge the achievements of these South Carolina women by attending this luncheon in their honor.
All members should respond to Susan Davis or Leigh Stanton, S.C. Commission on Women, at 734-9143 by March 21, 1990. Thank you for publishing this invitation.
Sincerely,
Carolyn Matalene, Chair
S.C. Commission on Women
Referred to Committee on Invitations.
The following was received and referred to the appropriate committee for consideration.
Document No. 1242
Promulgated By Wildlife and Marine Resources Department
Hunt Units and Wildlife Management Area Regulations
Received by Lt. Governor March 14, 1990
Referred to Senate Committee on Fish, Game and Forestry
120 day expiration date July 12, 1990
The following was received.
Document No. 1159
Promulgated By Department of Agriculture
Noxious Weed
Received by Lt. Governor February 7, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day expiration date June 7, 1990
Withdrawn and resubmitted March 15, 1990
Senator HINDS introduced Dr. Gerald E. Harmon of Georgetown, Doctor of the Day.
S. 1395 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE CONWAY MIDDLE SCHOOL UPON BEING NAMED PALMETTO'S FINEST ON JANUARY 1, 1990, AND TO RECOGNIZE THE SCHOOL FOR ITS EXEMPLARY STUDENT ACHIEVEMENT, FACULTY TRAINING, ACADEMIC PROGRAMS, COMMUNITY INVOLVEMENT, AND SCHOOL MANAGEMENT.
Returned with concurrence.
Received as information.
S. 1406 -- Senator Lindsay: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ALBERTA "BERTA" WILLIAMS OF COLUMBIA.
Returned with concurrence.
Received as information.
Senator SHEALY made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SHEALY moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Hinds Hinson Holland Land Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
The following were introduced:
S. 1407 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROLL-BACK TAXES ON REAL PROPERTY, SO AS TO EXEMPT REAL PROPERTY FROM THE ROLL-BACK TAX ASSESSMENT WHEN THE CHANGE IN USE IS FROM AGRICULTURAL TO RESIDENTIAL, INVOLVES FIVE ACRES OR LESS, AND IS THE RESULT OF A GIFT FROM ONE FAMILY MEMBER TO ANOTHER.
Read the first time and referred to the Committee on Finance.
S. 1408 -- Senator Rose: A BILL TO AMEND SECTIONS 6-6-10, 6-6-20, AND 6-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POOLED INVESTMENT FUND, SO AS TO MAKE THE PROVISIONS OF LAW RELATING TO THE ESTABLISHMENT AND MAINTENANCE OF THIS FUND MANDATORY RATHER THAN PERMISSIVE.
Read the first time and referred to the Committee on Finance.
S. 1409 -- Senator Lindsay: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO CHANGE A REFERENCE FROM SELLER TO LENDER; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-6-508, RELATING TO THE DEPUTY ADMINISTRATOR OF THE DEPARTMENT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO DESIGNATE ADDITIONAL DEPUTY ADMINISTRATORS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114, RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1410 -- Senator Long: A BILL TO AMEND SECTION 22-8-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSIGNMENT OF MAGISTRATES BY COUNTY GOVERNING BOARDS, SO AS TO DEFINE CRITERIA FOR THEIR CLASSIFICATION AND ASSIGNMENT; TO AMEND SECTION 22-8-30, RELATING TO FACILITIES AND PERSONNEL IN MAGISTRATES' COURTS, SO AS TO REQUIRE COUNTY GOVERNING BOARD ADHERENCE TO CLASSIFICATION AND ASSIGNMENT CRITERIA; TO AMEND SECTION 22-8-40, RELATING TO DESIGNATION AND COMPENSATION OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BOARD ADHERENCE TO CLASSIFICATION AND ASSIGNMENT CRITERIA; AND TO AMEND SECTION 28-8-50, RELATING TO MAGISTRATES' GRIEVANCES AGAINST RULINGS OR ACTIONS TAKEN BY A COUNTY GOVERNING BOARD, SO AS TO INCLUDE GRIEVANCES CONCERNING A COUNTY GOVERNING BOARD'S NON-ADHERENCE TO CLASSIFICATION AND ASSIGNMENT CRITERIA; AND TO FURTHER PROVIDE FOR CERTAIN JUDICIAL OFFICERS OR COUNTY RESIDENTS TO PETITION A COUNTY GOVERNING BODY FOR REDRESS OF THE COUNTY GOVERNING BOARD'S NON-ADHERENCE TO CLASSIFICATION OR ASSIGNMENT CRITERIA.
Read the first time and referred to the Committee on Judiciary.
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
Read the first time and referred to the Committee on Judiciary.
S. 1412 -- Senator Drummond: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF X-RAY TECHNICIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1066, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4854 -- Reps. McLellan and T.C. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ANGELA BLACKSTON HAMILTON OF SENECA UPON BEING NAMED THE OUTSTANDING AMERICAN HISTORY TEACHER OF THE YEAR FOR SOUTH CAROLINA BY THE STATE SOCIETY, NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4861 -- Reps. Hayes, Nesbitt, Kirsh, Foster and Short: A CONCURRENT RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF THE ROCK HILL HIGH SCHOOL WRESTLING TEAM IN YORK COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendments report on:
S. 1235 -- Senators McConnell, Martschink, Giese, Passailaigue, Mitchell, Drummond and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
S. 1384 -- Senators Pope, Shealy and Martschink: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 15, 1990, AND SATURDAY, JUNE 16, 1990.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendments report on:
H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-356 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A GUN OR WEAPON WITHIN FIVE HUNDRED YARDS OF A CHICKEN LAYER OR BROILER HOUSE CONTAINING LIVE CHICKENS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendments report on:
H. 4591 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 1183 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 1267 -- Senators Giese, Rose, Gilbert, Hinson, Long, Lee, J. Verne Smith, Shealy, Martschink, Helmly, Stilwell and Passailaigue: A BILL TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF LICENSES FOR PHARMACISTS, FEES, AND REINSTATEMENT OF LAPSED LICENSES, SO AS TO ALLOW THE STATE BOARD OF PHARMACY TO ISSUE AN INACTIVE STATUS LICENSE TO A LICENSED PHARMACIST NOT ACTIVELY ENGAGED IN THE PRACTICE OF PHARMACY IN THE STATE, AND PROVIDE FOR THE REACTIVATION OF THE PHARMACIST'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-43-265 SO AS TO PERMIT THE BOARD TO REFUSE TO GRANT A LICENSE TO PRACTICE PHARMACY TO AN OTHERWISE QUALIFIED PERSON UPON ANY OF THE GROUNDS FOR WHICH A LICENSE CAN BE REVOKED OR SUSPENDED, AND 40-43-270 SO AS TO PROVIDE THAT ACTS OR OMISSIONS BY A LICENSEE CAUSING THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE PHARMACY IN ANOTHER STATE SUPPORT THE ISSUANCE OF A FORMAL COMPLAINT AND THE COMMENCEMENT OF DISCIPLINARY PROCEEDINGS AS SET FORTH IN SECTION 40-43-260.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS AND DUTIES.
Ordered for consideration tomorrow.
The following Bills 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. 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.
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.
The following House Bills were read the third time, passed and ordered returned to the House with amendments:
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.
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.
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 Senator POPE (Doc. No. 3005J) on March 14, 1990.
On motion of Senator POPE, the amendment was withdrawn.
Senator WADDELL proposed the following amendment (Doc. No. 1187X), which was adopted:
Amend the bill, as and if amended, by adding the following SECTIONS, to be appropriately numbered, as follows:
/SECTION ___. The fifth paragraph of Section 9-1-1770 of the 1976 Code is amended to read:
"Upon the death of a retired member on or after July 1, 1985, there must be paid to the person nominated as the beneficiary on the retirement application designated beneficiary or beneficiaries, if the person is living at the time of the retired member's death, otherwise to the retired member's estate, a death benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than thirty, and three thousand dollars if the retired member had at least thirty years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
SECTION ___. The last (unnumbered) paragraph of Section 9-8-110 of the 1976 Code is amended to read:
"Upon the death of a retired member on or after July 1, 1985, there must be paid to the person nominated as the beneficiary on the retirement application designated beneficiary or beneficiaries, if the person is living at the time of the retired member's death, otherwise to the retired member's estate, a death benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than thirty, and three thousand dollars if the retired member had at least thirty years of creditable service at the time of retirement."
SECTION ___. The last (unnumbered) paragraph of Section 9-9-100 of the 1976 Code is amended to read:
"Upon the death of a retired member on or after July 1, 1985, there must be paid to the person nominated as the beneficiary on the retirement application designated beneficiary or beneficiaries, if the person is living at the time of the retired member's death, otherwise to the retired member's estate, a death benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than thirty, and three thousand dollars if the retired member had at least thirty years of creditable service at the time of retirement."
SECTION ___. The sixth paragraph of Section 9-11-120 of the 1976 Code is amended to read:
"Upon the death of a retired member on or after July 1, 1985, there must be paid to the person nominated as the beneficiary on the retirement application designated beneficiary or beneficiaries, if the person is living at the time of the retired member's death, otherwise to the retired member's estate, a death benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service, but less than thirty, and three thousand dollars if the retired member had at least thirty years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."/.
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
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.
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 Resolutions having been read the second time were passed and ordered to a third reading with notice of general amendments:
S. 1223 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
H. 4565 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator STILWELL explained the Bill.
H. 4567 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1173, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4687 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1174, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4688 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR DEPARTMENT OF YOUTH SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1198, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4689 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1209, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4690 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1210, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (Doc. No. 1718A) was adopted as follows:
Amend the bill, as and if amended, Item (A), Section 59-53-2020, as contained in SECTION 1, by deleting the second sentence and inserting the following sentence in lieu thereof:
"The board shall designate an individual to coordinate and be responsible for administering the program subject to the availability of funds necessary to support such activity."
Amend title to conform.
Senator LAND explained the amendment.
On motion of Senator HINDS, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
H. 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. 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.
Senator POPE explained the Bill.
H. 4564 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OPERATION AND FUNDING OF TEACHER TRAINING COURSES IN MATHEMATICS, SCIENCE, READING AND COMPUTER EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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, H. 4664 was ordered to receive a third reading on Wednesday, March 21, 1990.
The following Bills were carried over:
S. 1252 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA SOCIAL WORKERS EXAMINERS BOARD FOR SIX YEARS; TO AMEND SECTION 40-63-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF SOCIAL WORKERS, SO AS TO DELETE RESIDENCY AND EMPLOYMENT RESTRICTIONS AS REQUIREMENTS FOR LICENSURE; AND TO AMEND SECTION 40-63-110, RELATING TO DISCIPLINARY ACTION AGAINST SOCIAL WORKERS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS USED A SOLICITOR OR PEDDLERS, CAPPERS, OR STEERERS TO OBTAIN PATRONAGE.
H. 4418 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1382 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1383 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE PUBLIC SCHOOL STUDENTS TO BE INSTRUCTED IN THE SACRIFICES MADE BY VETERANS AND TO REQUEST THAT PUBLIC SCHOOL DISTRICTS OBSERVE MEMORIAL DAY OR VETERANS DAY IN HONOR OF VETERANS.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Education.
The amendment proposed by the Committee on Education (Doc. No. 0993o) was adopted as follows:
Amend the resolution, as and if amended, by striking all after the title and inserting:
/Whereas, public school districts in South Carolina should require that students in public schools be instructed in the sacrifices made by veterans; and
Whereas, all public schools should observe Memorial Day or Veterans Day with an assembly session in honor of veterans on either Memorial Day or Veterans Day. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of South Carolina request the Department of Education to require that all public school districts cause the schools in the district to instruct students about the significance of Memorial Day and Veterans Day and the sacrifices on behalf of the United States made by its military veterans.
Be it further resolved that the Department of Education is requested to ask all public school districts to recognize and honor veterans of the armed services of the United States by having the schools of the district observe Memorial Day or Veterans Day with an assembly session.
Be it further resolved that a copy of this resolution be forwarded to the Department of Education./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
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.
Senator WADDELL moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Hayes Land Long Matthews Mitchell Patterson Pope Setzler Waddell Williams
NAYS
Courson Drummond Fielding Giese Gilbert Hinds Hinson Holland Leventis Lindsay Martin Martschink McConnell McGill McLeod Moore Mullinax O'Dell Passailaigue Peeler Rose Saleeby Shealy Stilwell Thomas Wilson
The Senate refused to make the Bill, S. 592, a Special Order.
S. 1240 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
On motion of Senator DRUMMOND, the Bill was recalled from the Committee on Judiciary.
On motion of Senator DRUMMOND, the Bill was ordered placed on the Calendar for consideration tomorrow.
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.
Senator WILLIAMS moved to make the Bill a Special Order.
Senator WILLIAMS spoke on the motion.
The Bill was made a Special Order.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
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, with unanimous consent, the Bill was carried over.
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.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
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.
Senator BRYAN raised a Point of Order that the next matter for consideration would be H. 4483, the Bill which had just been set for Special Order in the Motion Period, and would not be the first Bill on the statewide third reading contested Calendar.
Senators McCONNELL and THOMAS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order and stated that a Bill set for Special Order could not be taken up for consideration on the same Legislative day, except by unanimous consent.
S. 215 -- Senator Mitchell: A BILL TO AMEND SECTION 12-27-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT OVERSIGHT COMMITTEE CREATED TO MONITOR FUNDS GENERATED FROM CERTAIN GASOLINE TAXES AND TO OVERSEE THE ESTABLISHMENT OF PRIORITIES FOR THE IMPLEMENTATION OF THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY, SO AS TO ADD TWO MEMBERS TO THE COMMITTEE, ONE OF WHOM MUST BE OF A MINORITY RACE TO BE APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE OF WHOM MUST BE A FEMALE APPOINTED BY THE SPEAKER OF THE HOUSE.
On motion of Senator MITCHELL, with unanimous consent, the Bill was carried over.
S. 34 -- Senators Macaulay, Williams and Thomas: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO ELIMINATE THE REQUIREMENT THAT ALL INSURERS OFFER OR WRITE PHYSICAL DAMAGE COVERAGE UNDER CERTAIN CONDITIONS, TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE WHICH ALSO MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH SHALL REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
S. 798 -- Senator Bryan: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-425, S0 AS TO PROVIDE FOR REGULAR STUDIES OF THE PLACEMENT AND DISTRIBUTION OF CONSERVATION OFFICERS AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION IS EMPOWERED AND DIRECTED TO REDISTRIBUTE CONSERVATION OFFICERS EVERY FIVE YEARS AMONG THE COUNTIES ACCORDING TO THE RESPECTIVE COUNTIES' NEED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
The following amendment (Doc. No. 5040U) previously proposed by Senator BRYAN and printed in the Journal on May 24, 1989, was taken up for immediate consideration:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 3, Title 50 of the 1976 Code is amended by adding:
"Section 50-3-425. (A) The South Carolina Wildlife and Marine Resources Commission shall conduct a study every five years on the placement and distribution of conservation officers within the State. These studies must recommend redistribution of the conservation officers to achieve in each county, to the extent practicable, a number proportionate to the need of each county.
(B) The Executive Director of the South Carolina Wildlife and Marine Resources Commission shall redistribute the conservation officers according to the recommendations made in the studies. Before a change in the number of conservation officers in a county occurs, the proposed change must be reported by the executive director to the county legislative delegation of those counties with a written justification for the change."
SECTION 2. The initial study by an independent organization required by Section 50-3-425 of the 1976 Code must be completed by October 1, 1989.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator POPE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Pope
NAYS
Bryan Courson Drummond Fielding Giese Gilbert Hinds Leventis Lourie Macaulay Martschink Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Rose Russell Saleeby Setzler Shealy Smith, N.W. Stilwell Thomas Wilson
The Senate refused to table the amendment.
On motion of Senator GIESE, with unanimous consent, the amendment was amended as follows (Doc. No. 0522I, G2):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 3, Title 50 of the 1976 Code is amended by adding:
"Section 50-3-425. (A) The South Carolina Wildlife and Marine Resources Commission shall engage an independent organization to conduct a study every five years on the placement and distribution of conservation officers within the State. These studies must recommend redistribution of the conservation officers to achieve in each county, to the extent practicable, a number proportionate to the need of each county.
(B) The Executive Director of the South Carolina Wildlife and Marine Resources Commission shall redistribute the conservation officers according to the recommendations made in the studies. Before a change in the number of conservation officers in a county occurs, the proposed change must be reported by the executive director to the county legislative delegation of those counties with a written justification for the change."
SECTION 2. The initial study required by Section 50-3-425 of the 1976 Code must be completed by October 1, 1989.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN argued in favor of the amended amendment.
Senator BRYAN moved that the amendment, as amended, be adopted.
The amendment, as amended, was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator SALEEBY rose to a Point of Personal Privilege.
Senator WILLIAMS rose to a Point of Personal Privilege.
At 12:50 P.M., on motion of Senator GIESE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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