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, again in the Book of Proverbs, a wise man wrote long ago (Chapter 18:21):

"The tongue has power of life

and death;

Make friends with it, and enjoy

its fruits."
Let us pray.

God of all goodness... and power... and love: make us edifying instruments for the building up of our commonwealth.

We thank You for the faculties of our minds... and bodies... and for the talents which You have given us for the service of Your people... our people.

Help us in our deliberations, and in our relations with other branches of our government, the legislative, the executive, and the judicial arms, to adopt a style of operations whereby charity may rule, self respect may flourish without vanity, conviction may prevail without bigotry, humbleness may be exercised with dignity.

Give us zeal to spend our strength achieving the highest goals possible for our common life... in the Redeemer's Name.

Amen.

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

The following was received and referred to the appropriate committee for consideration.

Document No. 1221
Promulgated By Department of Social Services
Licensing of Child Placing Agencies
Received by Lt. Governor March 20, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date July 18, 1990

Senator O'DELL introduced Dr. Len Douglas of Belton, Doctor of the Day.

On motion of Senator J. VERNE SMITH, Senator MOORE was granted a leave of absence until 2:00 P.M. today.

Senator GIESE requested and was granted a leave of absence until 2:00 P.M. today.

Senator HELMLY requested and was granted a leave of absence until Tuesday, March 27, 1990.

Senator MARTSCHINK rose to a Point of Privilege.

Columbia, S.C., March 20, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

S. 1413 -- Senator Martschink: A CONCURRENT RESOLUTION DESIGNATING MAY 5-12, 1990, AS "MOTORCYCLE SAFETY AWARENESS WEEK" IN SOUTH CAROLINA AND PROMOTING "MOTORCYCLE AWARENESS AND YOU" DURING THAT WEEK.

On motion of Senator MARTSCHINK, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar without reference.

S. 1414 -- Senator Leatherman: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF APRIL 8-14, 1990, AS NATIONAL BUILDING SAFETY WEEK, EXPRESSING HIGHEST TRIBUTE TO THE NUMEROUS CITY, COUNTY, AND STATE CODES-ENFORCEMENT OFFICIALS, AND COMMENDING THEM FOR THEIR COMMITMENT, DEDICATION, AND UNTIRING EFFORTS TO ASSURE THE HEALTH, SAFETY, AND WELFARE OF EVERY CITIZEN OF THIS STATE.

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

S. 1415 -- Judiciary Committee: A CONCURRENT RESOLUTION TO APPROVE ARTICLES 12 AND 13 OF THE WORKERS' COMPENSATION COMMISSION REGULATIONS, AS PROPOSED IN VOLUME 14, ISSUE 3 OF THE STATE REGISTER, AND CONTAINED IN DOCUMENT NUMBER 1254.

Ordered placed on the Calendar without reference.

S. 1416 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO J. W. "BULL" FOOSHE OF MCCORMICK COUNTY FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AND EXTENDING HIM BEST WISHES UPON HIS RETIREMENT.

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

S. 1417 -- Senators Martschink, Thomas, Wilson and Rose: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE USE OF A COMPUTER FOR REAPPORTIONMENT AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.

Senator MARTSCHINK asked unanimous consent to make a motion that the Concurrent Resolution be placed on the Calendar without reference.

Senator WILLIAMS objected.

Senator WILLIAMS spoke on the Resolution.

Referred to the Committee on Judiciary.

S. 1418 -- Senators Rose and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT RELEASE MOTOR VEHICLE IDENTIFICATION INFORMATION TO ANY INDIVIDUAL OTHER THAN A LAW ENFORCEMENT OFFICER EXCEPT UPON WRITTEN REQUEST, AND TO PROVIDE PROCEDURES FOR RECORDKEEPING AND NOTIFICATION TO THE REGISTERED OWNER OF A MOTOR VEHICLE WHEN A REQUEST IS MADE BY NON-LAW ENFORCEMENT PERSONNEL.

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

S. 1419 -- Senators Holland, Hinson and Giese: A BILL TO AMEND SECTION 12-27-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX BASED ON THE NUMBER OF WATERCRAFT IN EACH COUNTY, SO AS TO ALLOW THESE FUNDS TO BE USED FOR PURCHASING WATER SAFETY AND RESCUE EQUIPMENT.

Senator HOLLAND spoke on the Bill.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4784 -- Reps. Harvin, H. Brown and Winstead: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, APRIL 24, 1990, AS "BAPTIST COLLEGE DAY" AT THE STATE HOUSE AND THROUGHOUT SOUTH CAROLINA.

Referred to the Committee on Invitations.

H. 4865 -- Reps. Harvin, J.C. Johnson, Neilson, M.D. Burriss, Holt, Nesbitt, G. Brown, Wilkes, Tucker, Smith, Klapman, McLellan, Barber, Sharpe, T. Rogers, Quinn, Corning, Blackwell, Rama, Waites, Harrison, Cork, Wofford, Fant, Keegan, Moss, Farr, Mattos, Gordon, Burch, McCain, Bennett, Keesley, Huff, Corbett, McGinnis, Jaskwhich, Kinon, Sturkie, Faber, J. Bailey, Koon, Wilder, Wells, Baker, D. Williams, Littlejohn, Cole, Ferguson, Glover, Whipper, Hallman, Phillips, T.C. Alexander, Kirsh, Haskins, Barfield, Lanford, Manly, McEachin, Kay, McAbee, McLeod, Blanding, McTeer, Snow, Altman, Rudnick, L. Martin, Vaughn and J. Rogers: A CONCURRENT RESOLUTION DESIGNATING OCTOBER 1990 AS "SOUTH CAROLINA LIBRARY ASSOCIATION MONTH" AND RECOGNIZING THE CONTRIBUTIONS OF LIBRARIES AND LIBRARIANS TO THE EDUCATIONAL, CULTURAL, ECONOMIC, AND RECREATIONAL RESOURCES OF THE STATE.

Referred to the Committee on Invitations.

H. 4866 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND THOMAS ARDIS OF SUMMERTON FOR HIS OUTSTANDING SERVICE AS MAYOR OF THE TOWN OF SUMMERTON.

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

H. 4867 -- Reps. D. Williams, H. Brown, J. Williams and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE THE MACEDONIA HIGH SCHOOL BOYS' BASKETBALL TEAM IN BERKELEY COUNTY UPON WINNING THE CLASS AA BOYS' STATE CHAMPIONSHIP ON SATURDAY, MARCH 10, 1990.

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

H. 4046 -- Rep. Wofford: A BILL TO AMEND SECTION 38-25-150(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38, ON UNAUTHORIZED INSURANCE TRANSACTIONS, DOES NOT APPLY TO THE LAWFUL TRANSACTION OF REINSURANCE BY INSURERS, SO AS TO DEFINE "REINSURANCE" FOR THE PURPOSES OF THIS ITEM AND TO SET FORTH WHAT THE TERM "REINSURANCE" DOES NOT INCLUDE; AND TO REPEAL ITEM (6) OF SECTION 38-25-150 RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38 DOES NOT APPLY TO TRANSACTIONS IN THIS STATE INVOLVING ANY POLICY OF INSURANCE OR ANNUITY CONTRACT ISSUED BEFORE APRIL 30, 1975.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4419 -- Reps. Clyborne, Farr, Keegan, Mattos, Baker, Gordon and Corbett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-405 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON, UPON CONVICTION, ENTRY OF A PLEA OF GUILTY OR OF NOLO CONTENDERE, OR FORFEITURE OF BAIL, FOR A SECOND OR SUBSEQUENT OFFENSE OF SELLING OR ATTEMPTING TO POSSESS CERTAIN DRUGS.

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

H. 4741 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1113, 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 Banking and Insurance.

H. 4783 -- Rep. McTeer: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANDY RUN CEMETERY ASSOCIATION IN HAMPTON COUNTY.

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

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF ONE-HALF OF ONE PERCENT OF THE GASOLINE TAX REVENUES TO THE CREDIT OF THE WATER RECREATIONAL RESOURCES FUND OF THE STATE TREASURY, SO AS TO PROVIDE THAT DISTRIBUTIONS TO COUNTIES FROM THE FUND MAY BE USED FOR CAPITAL IMPROVEMENTS FOR RECREATIONAL PURPOSES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR PURPOSES OF STATE INCOME TAX WITHHOLDING; TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSE FEES FOR COIN-OPERATED DEVICES OR MACHINES OF THE NONPAYMENT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH FREE PLAY FEATURE FROM SIX HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS; TO AMEND CHAPTER 21, TITLE 12 OF THE 1976 CODE, RELATING TO STAMP AND BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO IMPOSE A SEVERANCE TAX ON PRECIOUS METALS; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-165 SO AS TO IMPOSE AN ENVIRONMENTAL IMPACT FEE ON THE COMMERCIAL TREATMENT OF INFECTIOUS WASTE, TO PROVIDE THE PROCEDURE FOR THE COLLECTION AND DISTRIBUTION OF THE FEE, AND TO AMEND SECTION 44-93-170, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE FOR THE DEPOSIT OF THE ENVIRONMENTAL IMPACT FEE AND TO PROVIDE THAT THE FUND AMOUNT AFTER WHICH TWO-THIRDS OF THE INFECTIOUS WASTE TREATMENT FEE MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND IS RAISED FROM ONE TO TEN MILLION DOLLARS; TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE FROM THREE AND ONE-HALF MILLS TO SIX MILLS THE TAX ON EACH CIGARETTE; TO AMEND SECTION 8-17-320 OF THE 1976 CODE, RELATING TO THE DEFINITIONS USED IN THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO CHANGE THE DEFINITION OF "TEMPORARY EMPLOYEE"; TO REPEAL SECTION 59-101-190 OF THE 1976 CODE, RELATING TO THE DEAN'S COMMITTEE ON MEDICAL DOCTOR EDUCATION; TO AMEND SECTION 59-31-530 OF THE 1976 CODE, RELATING TO THE DURATION OF THE ORIGINAL CONTRACTS WITH PUBLISHERS FOR SCHOOL TEXTBOOKS, SO AS TO REVISE AND EXTEND THE DURATION OF THESE CONTRACTS; TO AMEND SECTION 59-26-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO ESTABLISH THE GOVERNOR'S TEACHING SCHOLARSHIP LOAN PROGRAM FOR THE HIGHER EDUCATION OF TALENTED AND QUALIFIED RESIDENTS OF THIS STATE WHO AGREE TO TEACH IN THE PUBLIC SCHOOLS OF THIS STATE, TO PROVIDE FOR THE CANCELLATION OF TWENTY PERCENT OF THE DEBT FOR EACH COMPLETED YEAR OF TEACHING, AND TO DEFINE TALENTED AND QUALIFIED RESIDENTS AS STUDENTS GRADUATING IN THE TOP TEN PERCENTILE OF THEIR HIGH SCHOOL CLASS, OR WHO RECEIVE A COMBINED SCHOLASTIC APTITUDE TEST SCORE OF AT LEAST ELEVEN HUNDRED, AND TO REQUIRE LOAN RECIPIENTS TO MAINTAIN AT LEAST A 2.75 GRADE POINT AVERAGE ON A 4.0 SCALE TO REMAIN ELIGIBLE FOR THE LOAN; TO AMEND SECTION 1-1-1020 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PURCHASE EQUIPMENT FOR RENT, LEASE, OR RESALE TO STATE AGENCIES, SO AS TO INCREASE THE AMOUNT THE DIVISION MAY BORROW FOR THESE PURPOSES FROM THE STATE INSURANCE RESERVE FUND FROM TWENTY-FIVE TO THIRTY-FIVE MILLION DOLLARS, AND TO PROVIDE THAT THESE LOANS MAY NOT BE IN AN AMOUNT THAT JEOPARDIZES THE ACTUARIAL SOUNDNESS OF THE FUND; TO AMEND CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 11, SO AS TO ESTABLISH THE STATE EMPLOYEE PAY PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-26 SO AS TO REQUIRE GRANT FUNDS RECEIVED BY A COUNTY OR MUNICIPALITY FROM THE LOCAL GOVERNMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED IN A SEPARATE FUND, TO PROVIDE THAT DISBURSEMENTS MAY BE MADE ONLY ON THE WRITTEN AUTHORIZATION OF THE PERSON WHO SIGNED THE GRANT APPLICATION OR HIS SUCCESSOR AND ONLY FOR THE PURPOSES SPECIFIED IN THE GRANT APPLICATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE DIVISION TO FURNISH A COPY OF THIS SECTION TO GRANTEES; TO AMEND SECTION 42-7-67 OF THE 1976 CODE, RELATING TO DISABILITY AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKERS' COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL GUARD; BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA.

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

Senator LOURIE, from the Committee on Judiciary, submitted a favorable report on:

S. 954 -- Senators Land, Lourie and Mullinax: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO CHANGE THE WORDING RELATING TO THE IMPAIRMENT OF PSYCHONEUROTIC DISABILITY.

Ordered for consideration tomorrow.

Senator LONG, from the Committee on Judiciary, submitted a favorable report on:

S. 1110 -- Senators Long and Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO AUTHORIZE THE ISSUANCE OF A TEMPORARY PERMIT FOR A BUSINESS ESTABLISHMENT TO SELL ALCOHOLIC LIQUOR IN SEALED CONTAINERS OF TWO OUNCES OR LESS AND OTHER ALCOHOLIC BEVERAGES FOR THE SOLE PURPOSE OF ALLOWING THE ESTABLISHMENT TO SERVE GUESTS AND THEIR INVITEES WHO ARE ATTENDING A MEETING OR CONVENTION AT THE ESTABLISHMENT OR AT A HOTEL OR MOTEL ASSOCIATED WITH IT.

Ordered for consideration tomorrow.

Senator WILSON, from the Committee on Judiciary, submitted a favorable report on:

S. 1127 -- Senators Wilson, Thomas and Rose: A JOINT RESOLUTION TO RATIFY A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO DELAY THE EFFECTIVE DATE OF ANY LAW VARYING THE COMPENSATION OF MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES UNTIL AFTER AN INTERVENING ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE PRIOR RATIFICATION OF THE GENERAL ASSEMBLY OF THIS AMENDMENT ON JANUARY 19, 1790, IS INVALID FOR PURPOSES OF PROMULGATING THE AMENDMENT.

Ordered for consideration tomorrow.

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:

S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.

Ordered for consideration tomorrow.

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:

S. 1166 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND SECTION 43-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES GOVERNING CUSTODY AND USE OF RECORDS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROMULGATE REGULATIONS TO COMPLY WITH FEDERAL REQUIREMENTS ON THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS; TO AMEND SECTION 43-1-160, RELATING TO THE DISCLOSURE OF NAMES OF PERSONS RECEIVING PUBLIC ASSISTANCE TO BE PUBLIC RECORDS, SO AS TO PROHIBIT RELEASE OF THIS INFORMATION; TO AMEND SECTION 44-6-190, RELATING TO THE APPLICABILITY OF THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS COMPLYING WITH FEDERAL REQUIREMENTS TO LIMIT THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS TO PURPOSES DIRECTLY CONNECTED WITH THE ADMINISTRATION OF MEDICAID.

Ordered for consideration tomorrow.

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:

S. 1167 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 44 SO AS TO PROVIDE FOR THE MENTAL RETARDATION AND RELATED DISABILITIES ACT BY SETTING FORTH THE ORGANIZATION AND A SYSTEM FOR THE DELIVERY OF SERVICES, REQUIREMENTS FOR LICENSURE AND REGULATION OF FACILITIES AND PROGRAMS, AND CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION; TO REPEAL CHAPTER 19, TITLE 44 RELATING TO THE STATE MENTAL RETARDATION DEPARTMENT AND CHAPTER 21, TITLE 44 RELATING TO THE CARE AND COMMITMENT OF MENTALLY RETARDED PERSONS.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:

S. 1279 -- Senator Setzler: A BILL TO AMEND SECTION 23-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FEES FOR APPOINTMENT AS A STATE CONSTABLE, SO AS TO PROVIDE THAT NO FEES ARE REQUIRED OF PERSONS FORMERLY EMPLOYED AS LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED WITH TWENTY-FIVE OR MORE YEARS OF CREDITABLE SERVICE.

Ordered for consideration tomorrow.

Senator McCONNELL, from the Committee on Judiciary, submitted a favorable with amendments report on:

S. 1280 -- Senators Fielding, Courson, Land, Patterson, Passailaigue, Gilbert, Lee, Hayes, Hinds, Matthews, Helmly, Waddell and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:

S. 1317 -- Senators Williams, Long and Hinds: A BILL TO AMEND SECTION 22-8-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS MAGISTRATES SPEND IN THE EXERCISE OF THEIR JUDICIAL FUNCTION, SO AS TO HAVE A SENATORIAL DELEGATION CONSIDER THE DUTIES INVOLVED IN THE EXERCISE OF A MAGISTRATE'S JUDICIAL FUNCTION WHEN CLASSIFYING OR RECLASSIFYING MAGISTRATES AS FULL TIME OR PART TIME; TO AMEND SECTION 22-8-40, RELATING TO DESIGNATION AND COMPENSATION OF MAGISTRATES, SO AS TO PROVIDE THAT THE SENATORIAL DELEGATION OF EACH COUNTY INSTEAD OF THE COUNTY GOVERNING BOARD DESIGNATE FULL-TIME AND PART-TIME MAGISTRATES SERVING WITHIN THE COUNTY, AND TO ALLOW THE SENATORIAL DELEGATION SOME DISCRETION IN FIXING MAGISTRATES' SALARIES; AND TO AMEND SECTION 22-8-50, RELATING TO MAGISTRATES' GRIEVANCES AGAINST RULINGS OR ACTIONS TAKEN BY A COUNTY OR COUNTY GOVERNING BOARD, SO AS TO EXCLUDE MATTERS CONCERNING CLASSIFICATION, RECLASSIFICATION, OR COMPENSATION OF MAGISTRATES; AND TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO ALLOW THE SENATORIAL DELEGATION TO INCREASE THE NUMBER OF MAGISTRATES IN COUNTIES WHICH GENERATE FOUR MILLION DOLLARS OR MORE IN ACCOMMODATIONS TAX REVENUE.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Judiciary, submitted a favorable with amendments report on:

S. 1318 -- Senator Williams: A BILL TO AMEND SECTION 33-2-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLES OF INCORPORATION, SO AS TO REVISE WHAT THE ARTICLES MUST SET FORTH; TO AMEND SECTION 33-4-101, RELATING TO CORPORATE NAMES, SO AS TO FURTHER PROVIDE FOR THOSE THINGS FROM WHICH A CORPORATE NAME MUST BE DISTINGUISHABLE AND FOR THE EXCEPTIONS TO THESE CORPORATE NAME REQUIREMENTS; TO AMEND SECTION 33-8-310, RELATING TO DIRECTOR OR OFFICER CONFLICTS OF INTEREST, SO AS TO FURTHER PROVIDE FOR THOSE SITUATIONS WHERE A CONFLICT OF INTEREST TRANSACTION IS NOT VOIDABLE BY THE CORPORATION; TO AMEND SECTION 33-15-103, RELATING TO AN APPLICATION BY A FOREIGN CORPORATION FOR A CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO REVISE WHAT THE APPLICATION MUST SET FORTH; TO AMEND ARTICLE 7, CHAPTER 19 OF TITLE 33, RELATING TO MISCELLANEOUS REGULATORY PROVISIONS, SO AS TO DELETE CERTAIN REQUIREMENTS FOR DOMESTIC AND FOREIGN PROFESSIONAL CORPORATIONS TO DO BUSINESS IN THIS STATE AND TO DELETE THE REQUIREMENT THAT ANNUAL QUALIFICATION STATEMENTS MUST BE FILED; TO AMEND SECTION 33-20-105, RELATING TO SAVINGS PROVISIONS IN THE CORPORATE CODE, SO AS TO FURTHER PROVIDE FOR THESE SAVINGS PROVISIONS; TO AMEND SECTION 35-2-104, RELATING TO THE DEFINITION OF AN "ISSUING PUBLIC CORPORATION" FOR PURPOSES OF CONTROL SHARE ACQUISITION PROVISIONS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 35-2-213, RELATING TO THE DEFINITION OF "RESIDENT DOMESTIC CORPORATION" FOR PURPOSES OF BUSINESS COMBINATION PROVISIONS, SO AS TO REVISE THIS DEFINITION; AND TO AMEND SECTION 35-2-224, RELATING TO THE APPLICABILITY OF BUSINESS COMBINATION PROVISIONS TO FOREIGN CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY.

Ordered for consideration tomorrow.

Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:

S. 1328 -- Senator Stilwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MACHO NACHO, INC., IN GREENVILLE COUNTY.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:

H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.

Ordered for consideration tomorrow.

Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:

H. 4205 -- Rep. Wilkins: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCLUSIVENESS OF AN AWARD UNDER THE WORKERS' COMPENSATION LAW, APPEAL, AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO REQUIRE THAT A NOTICE OF APPEAL MUST STATE THE GROUNDS OF THE APPEAL OR THE ALLEGED ERRORS OF LAW.

Ordered for consideration tomorrow.

Senator HAYES, from the Committee on Judiciary, submitted a favorable with amendments report on:

H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

Ordered for consideration tomorrow.

Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:

H. 4708 -- Rep. Corning: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOSE CREEK IZAAK WALTON LEAGUE OF AMERICA.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:

H. 4458 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1084, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:

H. 4615 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW FOUNDATION, INC.

Ordered for consideration tomorrow.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the S.C. Commission on Women to attend a luncheon at the Embassy Suites Hotel on Wednesday, March 28, 1990, beginning at 1:00 P.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the Bailey Company to attend an oyster roast at Cocks Corner on Tuesday, April 3, 1990, beginning at 8:00 P.M.

The invitation was accepted.

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 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.

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.

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.

Senator STILWELL explained the Joint Resolution.

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.

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.

Senator STILWELL explained the Joint Resolution.

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.

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

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. 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.

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.

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 third reading of the Bill.

Senator HINDS proposed the following amendment (Doc. No. 3199R, G2):

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

SECTION __. Section 56-5-3660 of the 1976 Code is amended to read:

"Section 56-5-3660. It shall be is unlawful for any person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the South Carolina Department of Highways and Public Transportation. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The department is hereby authorized to adopt and amend may promulgate regulations covering the types of helmets and the specifications therefor for them and to may establish and maintain a list of approved helmets which meet the specifications as established hereunder under the provisions of this section."

Amend further, by adding an appropriately numbered SECTION to read:

SECTION __. Section 56-5-3670 of the 1976 Code is amended to read:

"Section 56-5-3670. It shall be is unlawful for any person under the age of twenty-one to operate a two-wheeled motorized vehicle unless he wears goggles or a face shield of a type approved by the South Carolina Department of Highways and Public Transportation. The department is hereby authorized to adopt and amend may promulgate regulations covering types of goggles and face shields and the specifications therefor for them and to may establish and maintain a list of approved goggles and face shields which meet the specifications as established hereunder under the provisions of this section."

Amend title to conform.

Renumber sections to conform.

Senator HINDS explained the amendment.

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the matter under advisement.

Senator HINDS made a motion to adjourn debate on the Bill.

Senator SETZLER spoke on the motion.

Senator LAND moved to table the motion to adjourn debate.

Senator McCONNELL objected to further consideration of the Bill.

Senator BRYAN raised a Point of Order that the motion to table the motion to adjourn debate was the question before the body and should be disposed of prior to placing the matter on the contested Calendar.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT stated that the custom and practice of the Senate has been that when an objection is made during the consideration of a Bill on the uncontested Calendar, that objection ends further consideration of the Bill.

The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:

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.

Senator McLEOD explained the Bill.

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.

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

The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

Senator DRUMMOND explained the amendment.

The committee amendment was carried over.

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

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.

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

The amendment proposed by the Committee on Medical Affairs (Doc. No. 1008o) was adopted as follows:

Amend the bill, as and if amended, by deleting Section 44-6-440(C)(2), as contained in SECTION 4, on page 4, and inserting:

/(2)   allow the nursing home to remove or remedy the conditions in accordance with Section 44-6-460;/

Amend title to conform.

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

S. 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.

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. 1190X) was adopted as follows:

Amend the bill, as and if amended, Section 47-13-160(B), as contained in SECTION 1, by striking /six months/ on the last line of the subsection and inserting /thirty days/.

Amend title to conform.

Senator McCONNELL explained the Bill.

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

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

H. 4583 -- Rep. Koon: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS IN LAKE MURRAY, SO AS TO FURTHER PROVIDE FOR THE WATERS TO WHICH THIS PROVISION APPLIES.

Senator DRUMMOND explained the Bill.

S. 1404 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO REVISE THE NAMES OF THE PRECINCTS AND THE MANNER IN WHICH THE PRECINCT LINES ARE DEFINED, DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS, AND PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES.

On motion of Senator HELMLY, S. 1404 was ordered to receive a third reading on Thursday, March 22, 1990.

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.

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. 1149X) was adopted as follows:

Amend the bill, as and if amended, SECTION 1, by striking Section 50-11-356 and inserting:

/Section 50-11-356.   It is unlawful to discharge a gun or weapon within three hundred yards of a poultry layer or broiler house containing live poultry without permission of the owner. Anyone knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. The provisions of this section do not apply to a landowner discharging a gun or weapon on his own land./

Amend title to conform.

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

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.

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

The amendment proposed by the Committee on Medical Affairs (Doc. No. 1026o) was adopted as follows:

Amend the bill, as and if amended, in item (1) of Section 44-21-840 of the 1976 Code by striking /contract and grant revenues/ on line 38 of page 1 and on lines 44 and 45 of page 1 and inserting /contract, grant, or other revenues/.

Amend title to conform.

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

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.

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

The following Bills were carried over:

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.

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.

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

On motion of Senator McLEOD, 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.

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

Senator HOLLAND spoke on the Bill.

Senator HOLLAND proposed the following amendment (Doc. No. 2620J), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. Section 56-1-1030 of the 1976 Code is amended to read:

"Section 56-1-1030. When any person is convicted of one or more of the offenses listed in Section 56-1-1020 (a), (b) or (c), the department must review its records for that person. If the department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license. If after appropriate proceedings the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department The department shall certify the conviction record of any person whose record brings him within the definition of an habitual offender, as defined in this article, to the solicitor of the judicial circuit in which the person resides or to the Attorney General if the person is not a resident of this State. Such record may be admitted as evidence that the person was convicted by the court where the conviction was made for each offense shown by the record."

SECTION 2. Section 56-1-1090 of the 1976 Code is amended to read:

"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a) for a period of five years from the date of a final decision by the department that a person is an habitual offender and, if, upon appeal, the finding is sustained by a court the order of the court finding the person to be an habitual offender unless the period is reduced to two years as permitted in item (c);

(b) until the time financial responsibility requirements are met;

(c) until upon petition, and for good cause shown, the department court may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department court may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after a period of one year has expired from the date of the decision of the department order finding the person to be an habitual offender. At this time and after hearing, the department court in its discretion may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the department original order. If the two-year period is not granted, no petition may be again filed again until after a period of five years has have expired from the date of the decision of the department original order. However, a petition or court order is not required for the restoration of driving privileges and the issuance of a license after the five-year waiting period has expired and all financial responsibilities have been fulfilled."

SECTION 3. Section 56-1-1100 of the 1976 Code is amended to read:

"Section 56-1-1100. It is unlawful for any person to operate any motor vehicle in this State while the decision of the department judgment of the court prohibiting the operation remains in effect. Any person found to be an habitual offender under the provisions of this article, who is thereafter convicted of operating a motor vehicle in this State while the decision judgment of the department court prohibiting the operation is in effect, is guilty of a misdemeanor and must be imprisoned for not less than one year not more than five years.

For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department court before hearing the charges shall require the solicitor or Attorney General to determine whether the person has been adjudged an habitual offender and by reason of such judgment is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender the department shall notify the solicitor or Attorney General determines that the accused has been found to be an habitual offender, and he shall cause the appropriate criminal charges to be lodged against the offender accused."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator HOLLAND argued in favor of the adoption of the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Senator HOLLAND proposed the following amendment (Doc. No. 727o), which was adopted:

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ____. Section 56-1-1320 of the 1976 Code is amended to read:

"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department, to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code must be made by the Director of the Motor Vehicle Division of the department or his designee."/

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND argued in favor of the adoption of the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Senators LEATHERMAN and LOURIE proposed the following amendment (Doc. No. 5072P), which was carried over:

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Chapter 1, Title 56 of the 1976 Code is amended by adding:

Section 56-1-1910. (A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510, 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:

(1) for a conviction for a first offense, for a period of six months;

(2) for a conviction for a second or subsequent offense, for a period of one year.

(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.

(C) Any person convicted under this section is not required to furnish proof of financial responsibility as provided for in Section 56-1-1350.

Section 56-1-1920. For purposes of this article, a conviction is defined as provided in Section 56-1-710."

SECTION ___. Article 3, Chapter 13, Title 61 of the 1976 Code is amended by adding:

"Section 61-13-837. Convictions of the offenses contained in Sections 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 must be reported to the South Carolina Department of Highways and Public Transportation."

SECTION ___. This act takes effect July 1, 1990, and applies to offenses occurring after June 30, 1990.

SECTION ___. Section 56-1-1320 of the 1976 Code is amended to read:

"Section 56-1-1320. A person with a South Carolina driver's license or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department, to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license.

The provisional driver's license is not valid for more than six months from the date of issue shown on the license.

The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code must be made by the Director of the Motor Vehicle Division of the department or his designee."/

Any person convicted of a violation of Section 56-5-2930 which occurred while he was under the age of twenty-one is not eligible for a provisional driver's license.

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN argued in favor of the adoption of the amendment and Senator HOLLAND argued contra.

On motion of Senator HOLLAND, with unanimous consent, the amendment was carried over.

Senators LOURIE, HOLLAND and LEATHERMAN proposed the following amendment (Doc. No. 2904J), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. The 1976 Code is amended by adding:

"Section 56-1-745. The driver's license of a person convicted of a controlled substance violation under Chapter 53 of Title 44 involving hashish or marijuana, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of six months. The driver's license of a person convicted of any other controlled substance violation, committed while the person was at least thirteen years of age and under eighteen years of age, must be suspended for a period of one year. If the person does not have a driver's license, the court shall order the department not to issue a driver's license for six months after the person legally is eligible for the issuance of a driver's license if the offense involves hashish or marijuana. If the offense involves any other controlled substance, the court shall order the department not to issue a driver's license for one year after the person legally is eligible for the issuance of a driver's license."/

Amend title to conform.

Senator HOLLAND argued in favor of the adoption of the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Senators LEATHERMAN, LOURIE and LEVENTIS proposed the following amendment (Doc. No. 3039J):

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION ___. Chapter 1, Title 56 of the 1976 Code is amended by adding:

Section 56-1-1910. (A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 56-1-510, 56-1-515, 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:

(1) for a conviction for a first offense, for a period of six months;

(2) for a conviction for a second or subsequent offense, for a period of one year.

(B) For the purposes of determining prior offenses, a conviction of any of the offenses enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.

(C) Any person convicted under this section is not required to furnish proof of financial responsibility as provided for in Section 56-1-1350.

Section 56-1-1920. For purposes of this article, a conviction is defined as provided in Section 56-1-710."

SECTION ___. Article 3, Chapter 13, Title 61 of the 1976 Code is amended by adding:

"Section 61-13-837. Convictions of the offenses contained in Sections 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 must be reported to the South Carolina Department of Highways and Public Transportation."

SECTION ___. This act takes effect July 1, 1990, and applies to offenses occurring after June 30, 1990.

SECTION ___. Section 56-1-1320 of the 1976 Code is amended to read:

"Section 56-1-1320. A person with a South Carolina driver's license or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department, to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license.

The provisional driver's license is not valid for more than six months from the date of issue shown on the license.

The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code must be made by the Director of the Motor Vehicle Division of the department or his designee."/

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN argued in favor of the adoption of the amendment.

Debate was interrupted by adjournment.

On motion of Senator WADDELL, with unanimous consent, 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 27, 1990, at 12:00 Noon.

At 12:50 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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