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, we read about Moses in the Book of Deuteronomy (34:10):
"And there has not arisen a prophet
since in Israel like Moses,
Whom the Lord knew face to face."
Let us pray.
Almighty God, Father of Mercies; we pray for the family of Mrs. Mary Bonnette, Senator LEE's mother-in-law, in their bereavement. Lift up their hearts with the promises of the Gospel.
We note that Moses never SAW God face to face, but God KNEW him "face to face"... and SPOKE to him at Horeb in the burning bush that was not consumed.
We, who have been chosen by our people to lead in these days of decision and destiny look to Thee for guidance and wisdom... even though it may be in strange ways.
We cannot rightly lead unless You lead us... as the hymn-writer said,
"Guide us, O Thou great Jehovah,
Pilgrims through this barren land
We are weak, but Thou art mighty,
Hold us with Thy powerful hand."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 2, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
It is my pleasure to invite the members of the South Carolina Senate and their staffs to a celebration of the contributions and accomplishments of the nine University of South Carolina campuses. The reception will be held on April 24, 1990 from 6:00 P.M. until 8:00 P.M. at the Carolina Coliseum and will feature exhibits, food, as well as musical entertainment. All guests should enter from the Park Street side of the Coliseum.
My colleagues and I look forward to this celebration and to the informal fellowship which it will provide during our time together.
Sincerely,
James B. Holderman
Referred to Committee on Invitations.
The following was received and referred to the appropriate committee for consideration.
Document No. 1234
Promulgated By Board of Dentistry
Guidelines for Anesthesia
Received by Lt. Governor March 21, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date July 19, 1990
The following was received.
Document No. 1205
Promulgated By Department of Social Services
Child Support Guidelines
Received by Lt. Governor January 23, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 23, 1990
Withdrawn and resubmitted February 27, 1990
Resolution to approve H. 4765 March 1, 1990
Withdrawn and resubmitted March 21, 1990
Senator O'DELL introduced Dr. William Kay of Belton, Doctor of the Day.
Columbia, S.C., March 21, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3106 -- Rep. D. Martin: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE EXTERIOR DOOR DESIGNATED BY THE CHAIRMAN OF THE POLL MANAGERS INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 21, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3441 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO FIFTEEN DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 21, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 21, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROHIBIT THE REQUIREMENT TO LABEL A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN IS NOT REQUIRED TO OBTAIN A FEDERAL OR STATE-CONTROLLED SUBSTANCE LICENSE, UNDER CERTAIN CONDITIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 21, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 4461 by a vote of 0 to 109 on:
(R418) H. 4461 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL; AND TO AMEND SECTION 23-23-50, AS AMENDED, RELATING TO CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND QUALIFICATION OF TRAINING LAW ENFORCEMENT OFFICERS UNDER THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 23 (TRAINING AND CERTIFICATION OF LAW ENFORCEMENT OFFICERS), SO AS TO PROVIDE THAT EVIDENCE OF A CANDIDATE FOR CERTIFICATION STATING THAT HE HAS NOT BEEN CONVICTED OF ANY CRIMINAL OFFENSE AND SENTENCED TO IMPRISONMENT FOR ONE YEAR OR MORE INSTEAD OF AN OFFENSE THAT CARRIES A SENTENCE OF ONE YEAR OR MORE BE SUBMITTED TO THE COUNCIL AND DELETE REQUIREMENTS THAT THE OFFENSE INVOLVES MORAL TURPITUDE AND PROVISIONS RELATING TO FORFEITURE OF BOND, A GUILTY PLEA, OR A PLEA OF NOLO CONTENDRE CONSIDERED TO BE THE EQUIVALENT OF A CONVICTION, TO ADD A PROVISION THAT THE COUNCIL MAY CERTIFY A CANDIDATE IF THE CONVICTION IS REMOTE IN TIME, AND THAT, IN THE OPINION OF THE COUNCIL, THE CANDIDATE IS OF GOOD CHARACTER AS REQUIRED BY OTHER PROVISIONS OF THIS SECTION.
Very respectfully,
Speaker of the House
Received as information.
H. 4258 -- Rep. R. Brown: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO DELETE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FROM THE LIST OF AGENCIES WITH SPECIFIED TERMINATION DATES; AND TO AMEND SECTION 41-45-10, RELATING TO THE COORDINATING COUNCIL, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE COUNCIL MUST BE APPOINTED BY THE GOVERNOR RATHER THAN BEING THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD.
On motion of Senator WADDELL, with unanimous consent, the Bill was recommitted to the Committee on Finance.
S. 1227 -- Senators Shealy, Martschink, Setzler, Bryan, Wilson and Rose: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 SO AS TO PROVIDE SPECIAL MOTOR VEHICLE LICENSE PLATES FOR MEMBERS OF THE UNITED STATES NAVAL RESERVE.
On motion of Senator SHEALY, with unanimous consent, the Bill was recalled from the Committee on Transportation.
On motion of Senator SHEALY, the Bill was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1420 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. TOM EVATT OF VULCAN MATERIALS IN GREENVILLE AND A NATIVE OF PICKENS COUNTY WHO WAS SELECTED THE 1989-90 MINER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1421 -- Senator Passailaigue: A CONCURRENT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR SUBMISSION TO THE STATES TO LIMIT THE NUMBER OF TERMS A PERSON MAY SERVE IN THE UNITED STATES HOUSE OF REPRESENTATIVES TO NO GREATER THAN SIX AND TO LIMIT THE NUMBER OF TERMS A PERSON MAY SERVE IN THE UNITED STATES SENATE TO NO GREATER THAN TWO, OR IN THE ALTERNATIVE, TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING SUCH AN AMENDMENT FOR SUBMISSION TO THE STATES FOR RATIFICATION.
Referred to the Committee on Judiciary.
S. 1422 -- Senators Shealy, Wilson, Giese, Setzler and Rose: A BILL TO AMEND SECTION 12-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD TO TAX A MANUFACTURER, WHOLESALER, DISTRIBUTOR, OR RETAILER RECEIVING UNTAXED BOTTLED SOFT DRINKS AND OTHER RELATED ITEMS, SO AS TO AUTHORIZE A WHOLESALER OR DISTRIBUTOR MAKING SHIPMENTS OF SOFT DRINKS TO RETAIL LOCATIONS IN AND OUT OF THIS STATE TO APPLY TO THE TAX COMMISSION FOR A LICENSE WHICH WILL ENABLE THEM TO PURCHASE SOFT DRINKS TAX FREE, AND REPORT AND PAY THE TAX AS PROVIDED IN THIS SECTION ON SALES OF SOFT DRINKS SOLD TO LOCATIONS IN THIS STATE.
Read the first time and referred to the Committee on Finance.
S. 1423 -- Senators Martschink, Drummond, Wilson, Hinson, Russell, O'Dell, Helmly, Peeler and Rose: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO PROVIDE AN ADDITIONAL AGGRAVATING CIRCUMSTANCE.
Read the first time and referred to the Committee on Judiciary.
Senator MARTSCHINK spoke on the Bill.
S. 1424 -- Senators Martschink, O'Dell and Rose: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE FOR ADDITIONAL AGGRAVATING CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.
S. 1425 -- Senator Passailaigue: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 1992, MEMBERS OF THE HOUSE OF REPRESENTATIVES SHALL BE CHOSEN EVERY FOURTH YEAR, TO PROVIDE THAT SUCH MEMBERS SHALL NOT SERVE MORE THAN THREE CONSECUTIVE TERMS, TO PROVIDE EXEMPTIONS FOR MEMBERS PRESENTLY SERVING; AND, PROPOSING AN AMENDMENT TO SECTION 6, ARTICLE III, OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT BEGINNING IN 1992, MEMBERS OF THE SENATE SHALL BE ELECTED FOR THE TERM OF SIX YEARS, TO PROVIDE THAT SUCH MEMBERS SHALL NOT SERVE MORE THAN TWO CONSECUTIVE TERMS, AND TO PROVIDE EXEMPTION FOR MEMBERS PRESENTLY SERVING; AND PROPOSING AN AMENDMENT TO SECTIONS 3 AND 4 OF ARTICLE IV OF THE CONSTITUTION, RELATING TO THE ELECTION OF GOVERNOR AND THE TERM OF GOVERNOR, SO AS TO PROVIDE THAT NO PERSON ELECTED GOVERNOR MAY SUCCEED HIMSELF IN THE OFFICE BUT SHALL BE RE-ELIGIBLE, AND TO PROVIDE THAT THE TERM OF OFFICE OF GOVERNOR SHALL BE SIX YEARS, BEGINNING IN 1994.
Read the first time and referred to the Committee on Judiciary.
S. 1426 -- Senator Pope: A BILL TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; AND TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION.
Read the first time and referred to the Committee on Judiciary.
S. 1427 -- Senator Holland: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE TRAFFIC-CONTROL LIGHTS AT CERTAIN DESIGNATED HIGHWAYS AND INTERSECTIONS IN KERSHAW COUNTY.
Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.
S. 1428 -- Senator Drummond: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE 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 motion of Senator DRUMMOND, with unanimous consent, the Resolution was adopted.
S. 1429 -- Senator Leatherman: A SENATE RESOLUTION TO CONGRATULATE MR. CHARLES L. APPLEBY, JR., OF FLORENCE COUNTY UPON HIS RETIREMENT, TO COMMEND HIM FOR THE MANY YEARS OF DEDICATED SERVICE HE HAS GIVEN TO THE CITIZENS OF SOUTH CAROLINA, AND TO WISH HIM GOOD HEALTH AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was adopted.
S. 1430 -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE SUNDAY, APRIL 22, 1990, AS "EARTH DAY 1990" IN SUPPORT OF THE DECADE OF THE ENVIRONMENT AND TO ENCOURAGE PUBLIC AND INDIVIDUAL PARTICIPATION IN APPROPRIATE ACTIVITIES.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1431 -- Senators Fielding, Waddell, Matthews, Martschink, Lourie, Passailaigue, Gilbert, Patterson, McLeod, Land, Leventis, Macaulay, Hinds, Long, Mitchell, Pope, Setzler, Bryan, Shealy, Courson and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO TAKE WHATEVER ACTION MAY BE NECESSARY TO NAME THE VETERANS ADMINISTRATION HOSPITAL IN CHARLESTON IN HONOR OF THE LATE RALPH H. JOHNSON OF CHARLESTON COUNTY, A GREAT SOUTH CAROLINIAN AND AMERICAN AND RECIPIENT OF THE CONGRESSIONAL MEDAL OF HONOR WHO GAVE HIS LIFE IN THE CAUSE OF FREEDOM WHILE IN THE SERVICE OF HIS COUNTRY IN VIETNAM.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3603 -- Reps. Keegan, Farr, Barfield and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO PROHIBIT DWARF TOSSING.
Read the first time and referred to the Committee on Judiciary.
H. 4211 -- Reps. McTeer and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-310 SO AS TO PROVIDE THAT RECLASSIFICATION OF A STATE EMPLOYEE INSTITUTED PURSUANT TO THE UNIFORM CLASSIFICATION AND COMPENSATION PLAN MAY TAKE EFFECT ONLY AT THE BEGINNING OF THE FISCAL YEAR AND ONLY IF FUNDS ARE APPROPRIATED TO THE AGENCY SPECIFICALLY FOR RECLASSIFICATION.
Read the first time and referred to the Committee on Finance.
H. 4394 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS AND CONDITIONS APPLICABLE TO LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER CERTAIN NECESSARY CARE IN THE HOME OR COMMUNITY UNDER CERTAIN CONDITIONS, TO PROVIDE THAT THE INSURER MAY OFFER THIS COVERAGE FOR THE INSURED'S OPTION BY MEANS OF A RIDER TO THE POLICY ISSUED, AND TO PROVIDE AN EXCEPTION FOR OFFERING THE RIDER.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4452 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRIES OF AN INSURER BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE THAT THE PAPERS AND REPORTS AS WELL AS THE REPLIES BY THE INSURER ARE NOT SUBJECT TO DISCLOSURE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4661 -- Reps. Nettles, Keesley, Cole and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215 SO AS TO PROVIDE FOR CRIMES INVOLVING THE FURNISHING OF CONTRABAND TO AND POSSESSING OF CONTRABAND BY A JUVENILE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, DEFINE JUVENILE AND CONTRABAND, AND PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSE PROVIDED FOR IN THIS ACT.
Read the first time and referred to the Committee on Judiciary.
H. 4611 -- Reps. Boan, Kohn, McElveen, McLellan, Taylor and Harvin: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.
H. 4809 -- Rep. Rhoad: A BILL TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4833 -- Reps. Sturkie, Klapman, Koon, Wright, Sharpe, Derrick and Felder: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO INCREASE ITS MEMBERSHIP FROM ELEVEN TO TWELVE MEMBERS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.
Ordered for consideration tomorrow.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 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.
The following House Bills were read the third time, passed and ordered returned to the House with amendments:
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.
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 following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
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.
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.
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.
S. 1162 -- Senator Macaulay: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAILY CREEL AND SIZE LIMITS FOR STRIPED BASS (ROCKFISH) AND BLACK BASS ON LAKE MURRAY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO LAKE HARTWELL, LAKE KEOWEE, AND LAKE JOCASSEE AND TO ALLOW THE LIMITS TO BE SET BY EMERGENCY REGULATIONS ON THOSE THREE LAKES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The amendment proposed by the Committee on Fish, Game and Forestry (Doc. No. 0969X) was adopted as follows:
Amend the bill, as and if amended, by striking SECTION 1, and inserting:
/SECTION 1. Section 50-13-236 of the 1976 Code, added by Act 192 of 1989, is amended to read:
"Section 50-13-236. The department may establish the daily creel limits and size limits on Lake Murray, Lake Hartwell, Lake Keowee, Lake Jocassee, Lake Monticello, Lake Greenwood, and Lake Wateree for striped bass (Rockfish) and Black Bass by regulations promulgated and adopted in accordance with Article 1, of Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285. No creel or size limits may be set by emergency regulations for Lake Murray."/
Renumber sections to conform.
Amend totals and title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
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.
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.
On motion of Senator McLEOD, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over the committee amendments to third reading.
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.
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. 1031o) was adopted as follows:
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. Section 43-1-150 of the 1976 Code is amended to read:
"Section 43-1-150. The State Department shall make and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the State and county departments promulgate regulations to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including medicaid.
Whenever, under the provisions of law, the names and addresses of recipients of assistance under Chapters 1, 3, 5, 7, 9, 19 and 23 are When information concerning applicants or recipients of public assistance, including medicaid, is furnished to or held by any other another agency or department of government, such that agency or department of government shall be is required to adopt regulations necessary to prevent the publication of lists thereof or their use for purposes not directly connected with the administration of public assistance to comply with federal requirements on the use or disclosure of information concerning applicants or recipients of public assistance, including medicaid."/
Amend further by deleting SECTION 2 and inserting:
/SECTION 2. Section 43-1-160 of the 1976 Code is amended to read:
"Section 43-1-160. The names of the recipients receiving public assistance payments from the State or county departments of social services, together with the amounts of such assistance payments, are hereby declared to be public records and open to public inspection. It shall be unlawful for any person, firm, association, corporation or agency to compile, publish or otherwise use a list of such names for commercial or political purposes of any nature No person shall use or disclose information concerning applicants or recipients of public assistance, including medicaid, except for purposes connected with the administration of the applicable program or as authorized by state or federal regulations.
Any A person, firm, association, corporation, or other agency violating any provision of this section shall, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both, in the discretion of the court."/
Amend title to conform.
Senator McLEOD explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
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.
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. 1180X) was adopted as follows:
Amend the bill, as and if amended, Section 44-20-20, as contained in SECTION 1, p. 2, by striking the first sentence and inserting:
/The State of South Carolina recognizes that a person with mental retardation or a related disability is a person who experiences the benefits of family, education, employment, and community as do all citizens./ and p. 3, by striking the second paragraph of the section and inserting:
/When persons with mental retardation or related disabilities cannot live in communities or with their families, the State shall provide quality care and treatment in the least restrictive environment practical./
Amend further, Section 44-20-340(B), as contained in SECTION 1, p. 10, by striking the second sentence and inserting:
/However, upon the written request of the client, the client's or applicant's parent with legal custody, legal guardian, or spouse with the written permission of the client or applicant or under subpoena by a court of law, the department may furnish pertinent records in its possession to appropriate parties./
Amend further by deleting Section 44-20-340(C), as contained in SECTION 1, p. 10, which reads:
/(C)The commissioner also may authorize disclosure of information for research projects of the department or other research approved by the commissioner or in cooperation with law enforcement agencies./
Amend further, Section 44-20-370(B), as contained in SECTION 1, p. 12, by striking the first sentence and inserting:
/The department shall seek to develop and utilize the most current and promising methods for the training of persons with mental retardation and related disabilities./
Amend further by inserting after Section 44-20-370, p. 12:
/Section 44-20-375. Every county or combination of counties establishing a county mental retardation services program, before it comes within the provisions of this article, shall establish a county mental retardation board of not less than five members. The members must be appointed by the Governor, upon the recommendation of the majority of the members of the county legislative delegations of the county or counties participating. The number of members representing each county must be proportional to that county's population in relation to the total population of the counties served by the county board. However, no county participating in a multi-county board may have less than two members. The terms of the members are for four years and until their successors are appointed and qualify. As near an equal number as possible must be appointed each year. Vacancies must be filled for unexpired terms in the same manner as original appointments. A member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard.
Section 44-20-378. County mental retardation boards created by actions of county councils have equal status with and shall accept and perform the duties assigned to those created pursuant to Section 44-20-375. The department may contract with them for a full range of mental retardation services./
Amend further, Section 44-20-390(B), as contained in SECTION 1, p. 14, by striking the third sentence and inserting:
/The department shall review service plans of its clients at least periodically according to standards prescribing the frequency to ensure that appropriate services are being provided in the least restrictive environment available./
Amend further, Section 44-20-400, as contained in SECTION 1, p. 15, by striking the first sentence and inserting:
/Upon the written request of the person, the person's parents, parent with legal custody, or lawful custodian or legal guardian and subject to the availability of suitable accommodations and services, a person with mental retardation or a related disability may be admitted to the services of the department for evaluation and diagnosis and shall remain in the residential services of the department for that period required to complete the diagnostic study./
Amend further, Section 44-20-450, as contained in SECTION 1, beginning on p. 16, by striking the second and third sentences and inserting:
/Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have mental retardation or a related disability and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have mental retardation or a related disability and the department must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition./
Amend further, Section 44-20-450(G), as contained in SECTION 1, p. 18, by striking the last sentence and inserting:
/No person with mental retardation or a related disability must be confined in jail unless there is a criminal charge pending against him./
Amend further, Section 44-20-500, as contained in SECTION 1, p. 21, by striking the first sentence and inserting:
/When a client is absent from a facility or program and there is probable cause the client may be in danger, the commissioner or his designee may issue an order of confinement for the client./
Amend further by striking Section 44-20-510, as contained in SECTION 1, p. 21, and inserting:
/Section 44-20-510. Placement of a person with mental retardation or a related disability in a program of the department does not preclude his attendance in community-based public school classes when the individual qualifies for the classes./
Amend further by striking Section 44-20-760, as contained in SECTION 1, p. 23, and inserting:
/Section 44-20-760. Information received by the department through licensing inspections or as otherwise authorized may be disclosed publicly upon written request to the department. The reports may not identify individuals receiving services from the department./
Amend further, Section 44-20-780(A), as contained in SECTION 1, p. 23, by striking the second sentence and inserting:
/If the department determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee by certified mail a notice setting forth the reason for the determination./
Amend further, Section 44-20-780(B), as contained in SECTION 1, p. 24, by striking the second sentence and inserting:
/Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions./
Amend further by striking SECTION 3, p. 27, and inserting:
/SECTION 3. The members of the South Carolina Mental Retardation Commission serving on the effective date of this act pursuant to Section 44-19-30 of the 1976 Code continue to serve pursuant to Section 44-20-210 as added in Section 1. The members of the county mental retardation boards serving on the effective date of this act pursuant to Section 44-21-830 continue to serve pursuant to Section 44-20-375 as added in SECTION 1./
Amend title to conform.
On motion of Senator BRYAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
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.
On motion of Senator GIESE, with unanimous consent, the Bill was taken up for immediate consideration.
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. 1150X) was adopted as follows:
Amend the bill, as and if amended, by striking Section 40-43-230(B) of the 1976 Code, as contained in SECTION 1, and inserting:
/(B) The board may, upon application and payment of the applicable renewal fee, issue an inactive status license to a licensed pharmacist who is not actively engaged in the practice of pharmacy in this State, pursuant to this chapter. The pharmacist's license renewal certificate must be prominently marked as an inactive license, and the holder may not practice pharmacy under any conditions in this State. If the pharmacist wishes to reactivate the license, he shall complete the required continuing education for license renewal, plus an additional fifteen hours which must have been obtained during the calendar year immediately preceding the reactivation./
Amend title to conform.
Senator GIESE spoke on the Bill.
On motion of Senator LEATHERMAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senator GIESE asked unanimous consent to make a motion that the Bill be given third reading tomorrow.
Senator LEATHERMAN objected.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WILLIAMS proposed the following amendment (Doc. No. 3129J), which was adopted:
Amend the bill, as and if amended, page 5, beginning on line 11 of Section 22-8-50, as contained in SECTION 3, by striking /in connection/ and inserting /in connection/ .
Amend the bill further, as and if amended, page 5, line 15 of Section 22-8-50, as contained in SECTION 3, by striking /its/ and inserting /its the/ .
Amend title to conform.
On motion of Senator McLEOD, the Bill was carried over.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 0982o) was adopted as follows:
Amend the bill, as and if amended, by adding new sections to be appropriately numbered which shall read:
/SECTION ____. Section 33-7-280 of the 1976 Code, as added by Act 444 of 1988, is amended by adding a new subsection (d) to read:
"(d) The articles of a corporation may not be amended to remove cumulative voting if the votes cast against the amendment would be sufficient to elect a director to the board of directors if cumulatively voted at an election of the entire board of directors, or, if there are classes of directors, at an election of a director of any class of directors."
SECTION ____. Section 33-15-101(b) of the 1976 Code, as added by Act 444 of 1988, is amended to read:
"(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a):
(1) maintaining, defending, or settling any proceeding;
(2) holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs;
(3) maintaining bank accounts;
(4) maintaining offices or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositories with respect to those securities;
(5) selling through independent contractors;
(6) soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;
(7) creating or acquiring any indebtedness, mortgages, and security interests in real or personal property;
(8) securing or collecting any debts or enforcing mortgages, security interests, or any other rights in property securing debts;
(9) owning, without more, real or personal property;
(10) conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature;
(11) transacting business in interstate commerce; or
(12) owning and controlling a subsidiary corporation incorporated in or transacting business within this State."
SECTION ____. Item (4) of the South Carolina Reporters' Comments to Section 33-15-101 of the 1976 Code, as added by Act 444 of 1988, is amended to read:
"(4) Non-model Act Provisions
Since 1962, a foreign parent has not been required to qualify merely because it owned a South Carolina subsidiary. The Official Comments to the Model Act suggest that this activity should be exempt. Therefore, for clarification, the prior South Carolina provision has been retained as new subsection (b)(12). This provision was originally derived from the provisions of Cal. Corporate Code Section 6301. See LaVarre v. International Paper Company 37 F. 2d 141 (E.D.S.C. 1929).
Likewise, the mere leasing of South Carolina real property from a nonqualified corporation to its South Carolina subsidiary does not require the parent to qualify to do business in South Carolina since the general rule is that the mere holding and leasing of property by a foreign corporation is an isolated incident and not the conduct of business, unless the corporation is in the business generally of buying and leasing real property. Further, the parent and subsidiary are treated as separate entities unless it would appear proper to 'pierce the corporate veil'. 1977 Op. S.C. Att'y Gen., 233, (#77-305).
Subsection (8) of the Official Text of Model Act Section 15.01 dealing with enforcing mortgages and loans has been slightly broadened in keeping with prior South Carolina law (Section 35-23-10(b)(6) of the 1981 South Carolina Business Corporation Act). Subsection (8) permits out-of-state lenders to enforce not only mortgages and security interests but also 'any rights' in the property.
The first sentence of Official Comment #6 to Section 33-15-101 does not reflect the interpretation intended to be given to Section 33-15-101(b)(7). South Carolina has for years employed Model Act language to designate that the creation of indebtedness, mortgages and security interests, without more, does not constitute transacting business. Different from the first sentence of Official Comment #6, the current language, and the predecessor phraseology (which essentially was identical wording) is not limited to only those foreign corporations which are not in the business of making loans. A foreign corporate lender which is in the business of making loans, but which only conducts those activities listed in Section 33-15-101(b)(7), e.g. does not also have an office in South Carolina or employees within the State, is not deemed to be doing business in South Carolina. See, 1966 Op. S.C. Att'y Gen. 27 (#1977).
However, the purchase of mortgage notes and mortgages by an out-of-state bank or mortgage pool has historically not been viewed as the transaction of business in South Carolina. This is true even though the out-of-state mortgage buyer might be required to pursue foreclosure actions and might be required to take possession of the properties and rent them pending their sale in foreclosure. See 1964 Op. S.C. Att'y Gen. 119 (#1674)."/
Renumber sections to conform.
Amend title to conform.
Senator POPE explained the amendment.
On motion of Senator LEATHERMAN, 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:
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, with unanimous consent, S. 1240 was ordered to receive a third reading on Friday, March 23, 1990.
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.
S. 1328 -- Senator Stilwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MACHO NACHO, INC., IN GREENVILLE COUNTY.
On motion of Senator STILWELL, with unanimous consent, S. 1328 was ordered to receive a third reading on Friday, March 23, 1990.
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.
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.
H. 4615 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
On motion of Senator LONG, with unanimous consent, H. 4615 was ordered to receive a third reading on Friday, March 23, 1990.
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.
On motion of Senator WADDELL, with unanimous consent, H. 4708 was ordered to receive a third reading on Friday, March 23, 1990.
The following Bills and Joint Resolution were carried over:
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.
S. 1314 -- Senator Williams: A BILL TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES ACT, SO AS TO DEFINE THE TERM "INVESTMENT ADVISER REPRESENTATIVE", TO AMEND SECTION 35-1-310, RELATING TO EXEMPT SECURITIES, SO AS TO FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE EXEMPT, TO AMEND SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520, 35-1-550, 35-1-560, 35-1-570, AND 35-1-580 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, AND TO AMEND SECTION 35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900, RELATING TO FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION 35-1-980, RELATING TO AMENDED REGISTRATION STATEMENTS AND THE FILING FEES FOR THE AMENDED STATEMENTS, SO AS TO REVISE THESE FEES.
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. 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.
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".
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.
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.
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.
The Concurrent Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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 LEVENTIS, having voted on the prevailing side, asked unanimous consent to make a motion to reconsider the vote whereby the amendment proposed by Senator HOLLAND (Doc. No. 2620J) was adopted on March 21, 1990.
Senator HOLLAND objected.
Senator LEVENTIS, having voted on the prevailing side, moved to reconsider the vote whereby the amendment proposed by Senator HOLLAND (Doc. No. 2620J) was adopted on March 21, 1990.
Senator HOLLAND argued contra to the motion to reconsider and Senator LEVENTIS argued in favor.
Senator HOLLAND moved to table the motion to reconsider.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert Hayes Hinds Hinson Holland Land Leatherman Lee Long Lourie McGill Mitchell Moore Mullinax Patterson Pope Russell Saleeby Shealy Smith, N.W. Waddell Williams Wilson
NAYS
Courson Drummond Giese Leventis Macaulay Martschink O'Dell Passailaigue Peeler Rose Setzler Smith, J.V. Stilwell
The motion to reconsider was tabled.
The amendment (Doc. No. 3039J) previously proposed by Senators LEATHERMAN, LOURIE and LEVENTIS and printed in the Journal of March 21, 1990, was taken up for immediate consideration.
Senator LEATHERMAN argued in favor of the adoption of the amendment and Senators LAND and MITCHELL argued contra.
Senator BRYAN spoke on the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
Senator LAND argued contra to the adoption of the amendment and Senator LOURIE argued in favor.
Senator HOLLAND argued contra to the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LEATHERMAN, LOURIE and ROSE proposed the following amendment (Doc. No. 5057P), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to the bill to read:
/SECTION ___. Any person convicted of a violation of Section 56-5-2930 which occurred while he was under the age of eighteen 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 LAND argued contra.
Senator LEATHERMAN moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Giese Gilbert Hayes Hinds Holland Land Martin Matthews Mitchell Saleeby Stilwell Waddell Williams
NAYS
Courson Hinson Leatherman Lee Long Macaulay Martschink McGill McLeod Moore O'Dell Passailaigue Peeler Pope Rose Russell Setzler Shealy Smith, J.V. Smith, N.W. Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senators BRYAN and LAND argued contra to the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Giese Hinson Leatherman Lee Leventis Long Lourie Macaulay Martschink McGill McLeod Moore O'Dell Passailaigue Peeler Pope Rose Russell Setzler Shealy Smith, J.V. Smith, N.W. Wilson
NAYS
Fielding Gilbert Hayes Hinds Holland Land Martin Mitchell Patterson Saleeby Stilwell Waddell Williams
The amendment was adopted.
Senator HOLLAND proposed the following amendment (Doc. No. 5075P), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. 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."/
Renumber remaining 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.
On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for the remainder of the day.
Senator POPE proposed the following amendment (Doc. No. 5079P), which was adopted:
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(2), 56-1-510(4) and 56-1-515 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 ___. 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 POPE argued in favor of the adoption of the amendment and Senator LAND argued contra.
Senator MOORE assumed the Chair.
Senator POPE moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fielding Gilbert Hayes Hinds Hinson Holland Land Martin McLeod Mitchell Patterson Saleeby Stilwell Waddell Williams
NAYS
Bryan Courson Giese Leatherman Lee Lourie Macaulay Martschink Moore O'Dell Passailaigue Peeler Pope Rose Russell Setzler Shealy Smith, J.V. Smith, N.W. Wilson
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
Senator LAND argued contra to the adoption of the amendment.
The PRESIDENT assumed the Chair.
Senator POPE argued in favor of the adoption of the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator LOURIE requested, and was granted, a leave of absence for the remainder of the day.
On motion of Senator McLEOD, Senator MOORE was granted a leave of absence for the remainder of the day.
On motion of Senator MACAULAY, Senator McCONNELL was granted a leave of absence for today.
Senator LEATHERMAN moved that the Senate do now adjourn.
The Senate refused to adjourn.
Senator BRYAN proposed the following amendment (Doc. No. 5078P), which was adopted:
Amend the bill, as and if amended, page 2, line 6, by inserting the following after the word /State./ in Section 56-1-1030, as contained in SECTION 1:
/The solicitor or attorney general, as appropriate, shall, within one hundred twenty days of the receipt of the certification, serve the person with a rule requiring him to show cause before the court of general sessions why he should not be declared an habitual offender./
Amend title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY proposed the following amendment (Doc. No. 0530I, G2), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION 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 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) (1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that he lives further than one mile from his place of employment, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.
(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."/
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
The amendment was adopted.
The amendment by Senators LEATHERMAN and LOURIE (Doc. No. 5072P), previously carried over and printed in the Journal of March 21, 1990, was taken up for immediate consideration.
Senator LEATHERMAN explained the amendment.
Senator POPE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Gilbert Hinds Holland Land McLeod Mitchell Pope Saleeby Stilwell Williams
NAYS
Courson Giese Hinson Leatherman Lee Long Lourie Macaulay Martschink McGill O'Dell Passailaigue Patterson Peeler Rose Russell Setzler Shealy Smith, J.V. Smith, N.W. Wilson
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
Senator POPE raised a Point of Order that the amendment before the Senate was identical to an amendment previously tabled by the Senate and was, therefore, out of order.
Senators LEATHERMAN and McLEOD spoke on the Point of Order.
The PRESIDENT overruled the Point Of Order.
Senator POPE argued contra to the adoption of the amendment.
Senator LEATHERMAN asked unanimous consent, with Senator POPE retaining the floor, to make a motion that the Senate do now adjourn.
Senator WILSON objected.
Senator POPE continued arguing contra to the adoption of the amendment.
Senator LEATHERMAN argued in favor of the adoption of the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
Senator POPE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Hayes Hinds Holland Land Mitchell Patterson Pope Shealy Stilwell Waddell Williams
NAYS
Courson Giese Hinson Leatherman Lee Long Macaulay Martschink McGill O'Dell Passailaigue Peeler Rose Russell Setzler Smith, N.W. Wilson
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
Senator STILWELL spoke on the amendment.
The adoption of the amendment failed.
I voted against or to table most of the amendments offered to H. 3028 not because I do not agree with the objective sought to be attained by the amendments; but because I believe that the Senate is in error in attempting to write important legislation on the floor of the Senate. I believe that it is the function and duty of committees and subcommittees thereof to carefully consider such proposals and write the language that is ultimately presented to the Senate. I believe that it is courting disaster to attempt to do so on the floor of the Senate when many of the amendments contain provisions which conflict with each other and we do not have the opportunity to calmly reflect on the broad scope of the application of the law which we are in the process of writing.
I do not want my votes to be interpreted as my being soft on drunk drivers or not wanting to impose severe penalties upon those who drive while under the influence.
My objection is to the conduct of the Senate itself, not to the objective sought to be attained.
We desire to have the Journal reflect that we concur in the remarks made by Senator STILWELL.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
At 1:50 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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