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, the prayer of St. Francis of Assisi, who lived forty-four years from 1182 A.D., has come down to us a classic of devotion. The deep spiritual motivations of all the faithful with a social conscience are expressed in this prayer.
Let us pray the "Prayer of St. Francis":
"Lord, make me an instrument of Thy peace;
Where there is hatred, let me sow love;
Where there is injury, pardon;
Where there is doubt, faith;
Where there is despair, hope;
Where there is darkness, light; and
Where there is sadness, joy.
O Divine Master, grant that I may not
So much seek to be consoled as to console;
To be understood, as to understand;
To be loved, as to love;
For it is in giving that we receive,
It is in pardoning that we are pardoned, and
It is in dying that we are born to eternal
life."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 4, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1992:
Dillon/Marlboro:
James Phillip Wallace, M.D., 116 Doctor Handy Circle, Dillon, S.C. 29536 VICE Frank McLaurin
Referred to the Committee on Labor, Commerce and Industry.
April 4, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Mining Council, Non-Governmental Conservationist, with term to expire June 30, 1994:
Mr. Dean P. Hudson, 1108 Lakeside Drive, Conway, S.C. 29526 VICE Herbert Woods
Referred to the Committee on Agriculture and Natural Resources.
April 4, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, S.C. Public Railways Commission, with term to expire November 1, 1995:
Ms. Charlene Hartenstine Winkler, 1351-C Turkey Ridge Road, Surfside Beach, S.C. 29575 VICE James F. McLeod
Referred to the Committee on Transportation.
April 4, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Finance and Development Authority, S.C. State Housing, at-large, with term to expire August 15, 1994:
Mr. Eugene Collins Spivey, P.O. Box 570, Conway, S.C. 29526 VICE Harold I. Sherman
Referred to the Committee on Banking and Insurance.
Senator HAYES introduced Dr. Terry L. Dodge of Rock Hill, Doctor of the Day.
On motion of Senator DRUMMOND, Senator GIESE was granted a leave of absence for today.
Senator MITCHELL requested and was granted a leave of absence from 12:00 P.M. today until 12:00 P.M. Tuesday.
On motion of Senator MULLINAX, Senator O'DELL was granted a leave of absence for today.
Columbia, S.C., April 5, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R-456, H. 4647 by a vote of 0 to 64:
(R456) H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Very respectfully,
Speaker of the House
Received as information.
S. 1155 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.
The House returned the Bill with amendments.
On motion of Senator SALEEBY, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 4262 -- Reps. Wilkins, Nettles and Burch: A BILL TO AMEND SECTION 24-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE REFERENCE TO THE DATE CERTAIN BY WHICH THE COMMISSION IS REQUIRED TO PRESCRIBE ADVISORY SENTENCING GUIDELINES FOR THE GENERAL SESSIONS COURT FOR ALL OFFENSES FOR WHICH A TERM OF IMPRISONMENT OF GREATER THAN ONE YEAR IS ALLOWED; AND TO AMEND ACT 152 OF 1989, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO PROVIDE THAT THE ADVISORY SENTENCING GUIDELINES MUST BE PRESCRIBED ON OR BEFORE JANUARY 31, 1991, AND TO PROVIDE THAT THE CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES WHICH THE COMMISSION IS REQUIRED TO RECOMMEND TO THE GENERAL ASSEMBLY MUST BE RECOMMENDED ON OR BEFORE JANUARY 31, 1991, RATHER THAN BY DECEMBER 1, 1990.
On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the Committee on Corrections and Penology.
On motion of Senator HOLLAND, the Bill was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1490 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION COMMENDING THE COLUMBIA JEWISH FEDERATION AND ITS PRESIDENT, MR. SAMUEL J. TENENBAUM, FOR OUTSTANDING HUMANITARIAN EFFORTS TO SAVE A MILLION LIVES AT STAKE IN THE SOVIET UNION.
On immediate consideration, the Concurrent Resolution was adopted and ordered sent to the House.
S. 1491 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1845 SO AS TO ALLOW A CURRENT CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO HAS PRIOR SERVICE AS A MAGISTRATE OR AN EMPLOYEE OF A MAGISTRATE WHOSE ONLY COMPENSATION WAS FROM FEES TO ESTABLISH CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE YEARS OF SERVICE IN WHICH HIS COMPENSATION WAS ONLY FROM FEES UPON PAYMENT OF A LUMP SUM TO THE SYSTEM EQUAL TO THE ACTUARIAL COST OF THE CREDIT ESTABLISHED.
Read the first time and referred to the Committee on Finance.
S. 1492 -- Senator Rose: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES DUE ON DELINQUENT AD VALOREM TAXES, SO AS TO IMPOSE INTEREST ON UNPAID AD VALOREM TAXES; AND TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO TAX EXECUTIONS, SO AS TO ADD INTEREST TO AMOUNTS DUE WHICH MUST BE PAID TO MAKE THE TAXES CURRENT.
Read the first time and referred to the Committee on Finance.
S. 1493 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1257 SO AS TO ALLOW A STATE INCOME TAX CREDIT FOR A LICENSED PHYSICIAN WHO PROVIDES PROFESSIONAL SERVICES TO AN INDIGENT PATIENT IN AN AMOUNT EQUAL TO FIVE PERCENT OF THE AMOUNT THAT WOULD BE PAID BY THE STATE HEALTH PLAN FOR THE SERVICES PROVIDED.
Read the first time and referred to the Committee on Finance.
S. 1494 -- Senator Passailaigue: A BILL TO ADOPT THE SOUTH CAROLINA COLLEGIATE ATHLETIC ASSOCIATION PROCEDURES ACT.
Senator PASSAILAIGUE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1495 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 60, SO AS TO ENACT THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, WHICH PROVIDES PROCEDURES FOR THE DRUG TESTING OF A NEWBORN CHILD UNDER CERTAIN CONDITIONS, AND PROVIDES THAT A NEWBORN CHILD TESTING POSITIVE FOR THESE SUBSTANCES UNDER THESE CONDITIONS IS CONSIDERED NEGLECTED FOR PURPOSES OF FAMILY COURT JURISDICTION.
Read the first time and referred to the Committee on Medical Affairs.
S. 1496 -- General Committee: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.
Read the first time and ordered placed on the Calendar without reference.
S. 1497 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.
Read the first time and ordered placed on the Calendar without reference.
S. 1498 -- Finance Committee: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE THE FIRST PENALTY DATE ON PROPERTY TAXES FOR THAT TAX YEAR.
Read the first time and ordered placed on the Calendar without reference.
S. 1499 -- Finance Committee: A BILL TO AMEND SECTION 59-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REVENUE BOND DEBT LIMITATION OF THE STATE EDUCATION ASSISTANCE AUTHORITY, SO AS TO INCREASE THE LIMIT FROM ONE HUNDRED SEVENTY-FIVE TO THREE HUNDRED MILLION DOLLARS.
Read the first time and ordered placed on the Calendar without reference.
S. 1500 -- Senator Long: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
Read the first time and on motion of Senator LONG, with unanimous consent, was ordered placed on the Calendar without reference.
H. 4947 -- Reps. Koon, Sturkie, Sharpe, Klapman, M.D. Burriss, Harrison, Wright, Quinn, T.M. Burriss, Felder, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Kohn, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES B. MCFARLAND, JR., OF LEXINGTON UPON ASSUMING THE PRESIDENCY OF THE HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA FOR THE YEAR 1990.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4948 -- Reps. McLellan and Barber: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S APPROXIMATELY THIRTY-FIVE THOUSAND TEACHERS FOR THEIR PROFESSIONALISM, INTEGRITY, AND THE CONSISTENTLY OUTSTANDING JOB THEY DO, AND TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE RECENT 60 MINUTES TELEVISION PROGRAM ON THE CBS NETWORK WAS WRONG AND UNFAIR TO OUR STATE'S TEACHERS WHEN IT ALLEGED THAT THERE IS WIDESPREAD CHEATING ON STANDARDIZED TESTS IN THE PUBLIC SCHOOLS OF THIS STATE INVOLVING TEACHERS, STUDENTS, AND SCHOOL ADMINISTRATORS.
Referred to the Committee on Education.
H. 4951 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND WWKT-FM RADIO AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4952 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND WDKD-AM RADIO AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4953 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO COMMEND THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER IN WILLIAMSBURG COUNTY.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4954 -- Rep. Gordon: A CONCURRENT RESOLUTION TO COMMEND THE TOWN OF GREELYVILLE AND ITS EMPLOYEES FOR THEIR OUTSTANDING WORK AND EFFORTS IN REGARD TO THE HURRICANE HUGO DISASTER.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4962 -- Reps. J. Harris and Burch: A CONCURRENT RESOLUTION TO CONGRATULATE MR. J. D. JONES OF CHESTERFIELD COUNTY ON HIS LONG AND DISTINGUISHED LEADERSHIP WHILE SERVING AS THE CHAIRMAN OF THE CHESTERFIELD COUNTY DEMOCRATIC PARTY FOR TWENTY-EIGHT YEARS.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4619 -- Reps. Beasley, Hayes and Fair: 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.
Read the first time and referred to the Committee on Judiciary.
H. 4716 -- Reps. Whipper, Winstead, Wilkes, White, Holt, Washington, D. Martin, Barber, Kohn, Keyserling, G. Bailey, Waites and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.
Read the first time and referred to the Committee on Judiciary.
Senator HOLLAND, from the General Committee, submitted a favorable with amendments report on:
S. 397 -- Senators Lee, Williams, Mullinax, Wilson and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 76 TO TITLE 44 SO AS TO PROVIDE FOR THE LICENSED DIETITIAN/LICENSED NUTRITIONIST ACT BY DETAILING DEFINITIONS, PROVIDING FOR THE ADVISORY BOARD OF DIETETICS AND NUTRITION, ESTABLISHING THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDING FOR THE PRACTICE OF DIETETICS AND NUTRITION AND THE USE OF THE TITLE 'LICENSED DIETITIAN' AND 'LICENSED NUTRITIONIST', CLARIFYING THEIR EMPLOYMENT AND REIMBURSEMENT, PROVIDING FOR THE LICENSURE AND EXAMINATION REQUIREMENTS, PROVIDING THE CIRCUMSTANCES UNDER WHICH A PERSON MAY PRACTICE WITHOUT EXAMINATION, AND ESTABLISHING THE PUNISHMENT AND PENALTIES FOR VIOLATIONS; AND TO PROVIDE FOR THE LICENSURE REQUIREMENTS AFTER JANUARY 1, 1990, AND THE INITIAL TERM OF A BOARD MEMBER.
Ordered for consideration tomorrow.
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable with amendments report on:
S. 907 -- Senator Moore: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR AUTOMOBILE INSURERS TO WRITE COVERAGE FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE AND SMALL COMMERCIAL RISKS, SO AS TO REQUIRE NOTICES OF CANCELLATION TO STATE IN BOLD TYPE THE COMPULSORY AUTOMOBILE LIABILITY AND UNINSURED MOTORIST INSURANCE REQUIREMENT OF THE LAWS OF THIS STATE AND THE PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE NOTICE LANGUAGE TO BE PROMULGATED OR APPROVED BY THE CHIEF INSURANCE COMMISSION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable with amendments report on:
S. 1237 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA CEMETERY BOARD FOR SIX YEARS AND TO AMEND SECTIONS 39-55-55, 39-55-95, 39-55-125, AND 39-55-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO DELETE THE PROVISION THAT TWO MEMBERS OF THE SOUTH CAROLINA CEMETERY BOARD MUST BE NOMINATED BY THE SOUTH CAROLINA CEMETERY ASSOCIATION AND TO PROVIDE THAT NOMINATIONS MAY BE RECEIVED FROM ANY INDIVIDUAL, GROUP, OR ASSOCIATION, TO REQUIRE A CEMETERY GENERAL MANAGER TO HAVE ONE YEAR'S EXPERIENCE INSTEAD OF TWO YEARS' EXPERIENCE, TO PROVIDE FOR REGULATIONS TO REGULATE MERCHANDISE OR MONUMENTS INSTALLED IN A CEMETERY, TO REGULATE THE PLACEMENT OF MONUMENTS OR MARKERS, TO REGULATE FEES, TO REQUIRE INSURANCE ON INSTALLERS OF MONUMENTS OR MARKERS, AND TO REQUIRE FINANCIAL REPORTS TO BE SIGNED BY A LICENSED ACCOUNTANT.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable with amendments report on:
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
S. 1341 -- Senator Setzler: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF A LICENSE PERTAINING TO COSMETOLOGISTS, SO AS TO CHANGE THE REFERENCE TO AN INDIVIDUAL LICENSE TO AN ACTIVE LICENSE.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
S. 1400 -- Senator Drummond: A BILL TO AMEND SECTIONS 40-7-230 AND 40-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS, SO AS TO PROVIDE THAT EACH REGISTERED BARBER AND APPRENTICE SHALL RENEW HIS CERTIFICATE ANNUALLY AND TO EXEMPT COSMETOLOGISTS FROM LICENSURE REQUIREMENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-7-125 SO AS TO ALLOW A LICENSED COSMETOLOGIST TO OBTAIN A CERTIFICATE OF REGISTRATION AS A MASTER HAIR CARE SPECIALIST.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
S. 1401 -- Senator Drummond: A BILL TO AMEND SECTION 40-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGISTS, SO AS TO PROVIDE THAT A REGISTERED MASTER HAIR CARE SPECIALIST MAY QUALIFY AS A COSMETOLOGIST.
Ordered for consideration tomorrow.
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:
S. 1443 -- Senator Waddell: A BILL TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE UNIFORM SECURITIES ACT, SO AS TO PROVIDE THAT THE DEFINITION OF "BROKER-DEALER" DOES NOT INCLUDE A PERSON ACTING AS A BUSINESS BROKER WITH RESPECT TO THE SALE TO ONE PERSON OF ALL THE STOCK OF A CLOSELY-HELD CORPORATION.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
S. 1465 -- Senators Peeler, Hinds and McGill: A BILL TO AMEND SECTIONS 46-13-60 AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES, SO AS TO PROVIDE REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, ADD THREE MEMBERS TO THE PESTICIDE ADVISORY COMMITTEE, AND CHANGE THE RECOMMENDING AUTHORITIES FOR THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
S. 1477 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION TO INFORM THE SOUTH CAROLINA CONGRESSIONAL DELEGATION OF SOUTH CAROLINA'S CONCERN REGARDING THE URGENCY TO INTRODUCE AND SUPPORT LEGISLATION IMPLEMENTING THE NECESSARY FEDERAL PROGRAMS TO SAVE AND RESTORE FOLLY ISLAND AND FOLLY BEACH AND REPAIR THE DAMAGE CAUSED BY JETTIES.
Ordered for consideration tomorrow.
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4244 -- Reps. Wilder, Baxley and Corning: A BILL TO CREATE A JOINT COMMITTEE TO STUDY PROBLEMS OF PERSONS WITH DISABILITIES.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
H. 4427 -- Reps. J. Bailey, Rama, T. Rogers, Barber, McBride, Wright, Altman, Snow, Holt, Keegan, Quinn, Bruce, D. Martin, J. Harris, Washington, Whipper, T.M. Burriss, Moss, R. Brown, Burch, Waites, Glover, J. Brown, Fant, Wilkes, Rudnick, Wofford, Haskins, McCain, Wilkins, Manly, Lanford, McGinnis, Simpson, Vaughn, Wells, Davenport, Littlejohn, Farr, Cole, Chamblee, Huff, Keesley, Clyborne, Kohn, Mappus, Smith, Cooper, Sturkie, G. Bailey, M.D. Burriss, Corbett, Sharpe and L. Martin: 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 HOLLAND, from the General Committee, submitted a favorable with amendments report on:
H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
H. 4480 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
H. 4659 -- Rep. Farr: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4733 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LAY MIDWIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:15 A.M. and the following Acts and Joint Resolutions were ratified:
(R463) S. 1250 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.
(R464) S. 1215 -- Finance Committee: AN ACT TO AMEND SECTION 12-35-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX ON TRANSIENT ACCOMMODATIONS, SO AS TO PROVIDE THAT THE TAX IS IMPOSED ONLY ON REVENUES DERIVED FROM THE RATE CHARGED FOR RENTAL OF SLEEPING ACCOMMODATIONS AND DOES NOT APPLY TO ANY ADDITIONAL GUEST CHARGES, AND TO DEFINE "ADDITIONAL GUEST CHARGE".
(R465) S. 1360 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 20 AND NEW VOLUME 20A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1990.
(R466) S. 1323 -- Senator Land: AN ACT TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND ITS BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE EX OFFICIO MEMBER OF THE BOARD WHO IS THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL SHALL HAVE VOTING PRIVILEGES.
(R467) S. 988 -- Senator Waddell: AN ACT TO AMEND SECTION 11-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REPORTING THE DEBT OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT THE STATE TREASURER ANNUALLY SHALL PUBLISH A STATEMENT OF THE OBLIGATIONS OF POLITICAL SUBDIVISIONS RATHER THAN FURNISH A STATEMENT TO THE COMPTROLLER GENERAL FOR INCLUSION IN THE ANNUAL REPORT OF THE COMPTROLLER GENERAL.
(R468) S. 1404 -- Senators Helmly and Rose: AN ACT 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, PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES, AND DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS.
(R469) S. 1253 -- Medical Affairs Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-425 SO AS TO PROVIDE FOR THE REGULATION OF A PHARMACY LOCATED OUTSIDE THIS STATE WHOSE PRIMARY BUSINESS IS MAIL ORDER PRESCRIPTION SERVICE.
(R470) 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.
(R471) H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: AN ACT 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 CHANGE THE PROVISIONS REGARDING THE FEE AND THE EXPENSES TO BE PAID TO THE PHYSICIAN OR SURGEON MAKING THE EXAMINATION.
(R472) H. 3748 -- Rep. J. Bailey: AN ACT TO AMEND SECTION 5-23-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A BOARD OF ADJUSTMENT, SO AS TO AUTHORIZE A MUNICIPALITY TO PROVIDE FOR A VARIANCE FOR A PROHIBITED USE OF LAND, A BUILDING, OR A STRUCTURE; TO AMEND SECTION 5-23-70, RELATING TO THE APPOINTMENT OF A BOARD, SO AS TO INCREASE ITS MEMBERSHIP; AND TO AMEND SECTION 5-23-140, RELATING TO THE ORDERS OF A BOARD ON APPEAL, SO AS TO PROVIDE FOR THE VOTE REQUIRED FOR A USE VARIANCE.
(R473) H. 4611 -- Reps. Boan, Kohn, McElveen, McLellan, Taylor and Harvin: AN ACT 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.
(R474) H. 4418 -- Rep. Beasley: AN ACT 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.
(R475) H. 4300 -- Rep. Limehouse: AN ACT TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO INCREASE THE SIZE OF THE LABEL REQUIRED TO BE INSTALLED ON THE DEVICES FROM ONE AND ONE-HALF SQUARE INCH TO TWO SQUARE INCHES AND TO REQUIRE THE LABEL TO INCLUDE THE INSTALLER'S NAME, ADDRESS, AND TELEPHONE NUMBER INSTEAD OF THE MANUFACTURER'S NAME.
(R476) H. 3132 -- Rep. Barfield: AN ACT TO AMEND SECTIONS 9-1-1620, 9-9-70, AND 9-11-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS AVAILABLE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR PAYMENTS TO MORE THAN ONE BENEFICIARY AND TO PROVIDE FOR A BENEFIT REDUCTION FACTOR, TO PROVIDE THAT COST-OF-LIVING AND OTHER SPECIAL BENEFIT INCREASES ARE NOT APPLIED TO BENEFITS ADVANCED UNDER THE OPTION ALLOWING ADVANCEMENT OF SOCIAL SECURITY BENEFITS, AND TO PROVIDE THAT MEMBERS WHO DESIGNATED A SPOUSE AS A BENEFICIARY MAY MAKE A NEW DESIGNATION AFTER THE DEATH OF THE SPOUSE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 9-1-100, 9-9-220, AND 9-11-15 SO AS TO PROVIDE THAT PAYMENTS TO BENEFICIARIES UNDER THESE RETIREMENT SYSTEMS MAY BE MADE TO MORE THAN ONE PERSON, TO TRUSTEES, AND TO ESTATES; TO AMEND SECTION 9-9-50, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR THE METHOD BY WHICH A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WITH PRIOR LEGISLATIVE SERVICE MAY ESTABLISH CREDIT FOR HIS YEARS OF LEGISLATIVE SERVICE; TO AMEND SECTIONS 9-1-1770, 9-8-110, 9-9-100, AND 9-11-120, RELATING TO PAYMENTS OF DEATH BENEFITS FOR PURPOSES OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO ALLOW DESIGNATION OF MORE THAN ONE BENEFICIARY.
(R477) H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: AN ACT 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 THREE HUNDRED YARDS OF A POULTRY LAYER OR BROILER HOUSE CONTAINING LIVE POULTRY WITHOUT THE PERMISSION OF THE OWNER, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R478) H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT 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.
(R479) H. 3774 -- Rep. Kirsh: AN ACT TO AMEND SECTIONS 15-74-10 THROUGH 15-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY FOR DONORS OF FOOD, SO AS TO DEFINE "FOOD BANK" AND INCLUDE IT IN THE EXEMPTION FROM CRIMINAL PENALTY OR CIVIL DAMAGES FOR THE DONATION OF DISTRESSED FOOD TO A BONA FIDE CHARITABLE OR NONPROFIT ORGANIZATION FOR FREE DISTRIBUTION.
(R480) H. 4685 -- Rep. Wilder: AN ACT TO AMEND ACT 501 OF 1971, AS AMENDED, RELATING TO VOCATIONAL EDUCATION IN BARNWELL COUNTY, SO AS TO CHANGE THE MEMBERSHIP OF THE VOCATIONAL EDUCATION SCHOOL BOARD.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 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.
H. 4675 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Klapman and McLellan: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
The following House Bills were read the third time, passed and ordered returned to the House with amendments:
H. 4478 -- Reps. Moss, Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS.
H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.
The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
S. 1247 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.
S. 1472 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1205, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1473 -- Senators Wilson, Setzler and Shealy: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
S. 1475 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 31-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE STATE HUMAN AFFAIRS COMMISSION TO ADMINISTER THE PROVISIONS OF THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT AN AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MAY INCLUDE PROVISIONS UNDER WHICH THE DEPARTMENT SHALL REFRAIN FROM PROCESSING A CHARGE IN ANY CLASS SPECIFIED IN THE AGREEMENT; TO AMEND SECTION 31-21-120, RELATING TO THE PROCESSING AND HANDLING OF COMPLAINTS UNDER THE FAIR HOUSING LAW, SO AS TO PROVIDE THAT COMPLAINANTS REFERRED TO THE COMMISSION BY THE DEPARTMENT MAY NOT BE REFERRED BY THE COMMISSION TO A LOCAL AGENCY AND DELETE A PROVISION CONCERNING WHEN THE COMMISSION IS UNABLE TO OBTAIN VOLUNTARY COMPLIANCE WITH THE FAIR HOUSING LAW; AND TO AMEND SECTION 31-21-130, RELATING TO THE INVESTIGATOR'S REPORT AND RECOMMENDATION UPON COMPLETION OF HIS INVESTIGATION AND THE PROCEDURE FOLLOWING THE SUBMISSION OF THIS REPORT, SO AS TO CHANGE THE TIME PERIOD IN WHICH AN ACTION MAY BE BROUGHT AGAINST THE RESPONDENT IF THE ORDER IS FOR DISMISSAL, PROVIDE THAT IF AN ELECTION IS MADE FOR A CIVIL ACTION THE COMMISSIONER OF THE STATE HUMAN AFFAIRS COMMISSION SHALL, WITHIN THIRTY DAYS FROM THE DATE OF ELECTION, COMMENCE A CIVIL ACTION ON BEHALF OF THE AGGRIEVED PERSON, AND REQUIRE THAT IF THE PANEL FINDS THAT THE RESPONDENT HAS ENGAGED IN AN UNLAWFUL DISCRIMINATORY PRACTICE IT SHALL STATE ITS FINDINGS OF FACT AND SERVE THE COMPLAINANT IN ADDITION TO THE RESPONDENT AN OPINION AND ORDER FOR APPROPRIATE RELIEF; AND TO AMEND SECTION 31-21-140, RELATING TO THE TIME WITHIN WHICH A CIVIL ACTION MUST BE COMMENCED UNDER THE PROVISIONS OF THE FAIR HOUSING LAW, SO AS TO DELETE THE REQUIREMENT THAT THE COURT SHALL CONTINUE A CIVIL CASE BROUGHT PURSUANT TO THE PROVISIONS OF SECTION 31-21-120 IF THE COURT BELIEVES THAT THE CONCILIATION EFFORTS ARE LIKELY TO RESULT IN A SATISFACTORY SETTLEMENT OF THE DISCRIMINATORY HOUSING PRACTICES COMPLAINED OF IN THE COMPLAINT AND PROVIDE THAT A CIVIL ACTION MAY BE COMMENCED BY AN AGGRIEVED PERSON WHETHER OR NOT A COMPLAINT HAS BEEN FILED WITH THE COMMISSION.
S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.
On motion of Senator ROSE, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the third reading of the Bill.
Senators ROSE and BRYAN proposed the following amendment (Doc. No. 3386R), which was adopted:
Amend the bill, as and if amended, Section 24-13-1590 as contained in SECTION 1, page 974-6, line 16 by inserting after the word /courts/ the following:
/, the Department of Youth Services/
Amend 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 Bill having been read the second time was passed and ordered to a third reading with notice of general amendments:
S. 1366 -- Senator Moore: A BILL TO AMEND SECTION 12-54-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST ON UNDERPAYMENTS OF ESTIMATED STATE INCOME TAXES, SO AS TO PROVIDE THAT NO INTEREST OR PENALTY IS DUE FOR UNDERPAYMENTS ATTRIBUTABLE TO PERSONAL SERVICE INCOME EARNED IN ANOTHER STATE ON WHICH WAS WITHHELD INCOME TAX DUE THAT STATE.
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator BRYAN, the Bill was given a second reading with notice of general amendments, carrying over all amendments to third reading.
S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.
On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator BRYAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator HOLLAND, the Bill was given a second reading with notice of general amendments, carrying over all amendments to third reading.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 4181 -- Rep. Farr: A BILL TO AUTHORIZE THE UNION COUNTY BOARD OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES.
On motion of Senator POPE, H. 4181 was ordered to receive a third reading on Friday, April 6, 1990.
H. 4745 -- Reps. L. Martin, Hendricks and Simpson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF THE HOLLY SPRINGS PRECINCT AND THE PUMPKINTOWN PRECINCT AS SHOWN ON THE OFFICIAL MAP DATED FEBRUARY 27, 1990.
On motion of Senator NELL W. SMITH, H. 4745 was ordered to receive a third reading on Friday, April 6, 1990.
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.
On motion of Senator WILSON, H. 4833 was ordered to receive a third reading on Friday, April 6, 1990.
H. 4895 -- Reps. Townsend, Kay, P. Harris, Chamblee and Cooper: A BILL TO AMEND ACT 549 OF 1973, RELATING TO THE BROADWAY WATER AND SEWERAGE DISTRICT IN ANDERSON COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
On motion of Senator MULLINAX, H. 4895 was ordered to receive a third reading on Friday, April 6, 1990.
H. 4915 -- Rep. Wright: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.
On motion of Senator WILSON, H. 4915 was ordered to receive a third reading on Friday, April 6, 1990.
H. 4916 -- Rep. Gentry: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT 1, ITS GOVERNING BODY, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-THREE THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
On motion of Senator POPE, H. 4916 was ordered to receive a third reading on Friday, April 6, 1990.
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.
H. 4789 -- Reps. Blackwell, White and Moss: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT LEGISLATIVE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE SHALL REVIEW REGULATORY REQUIREMENTS ON SMALL AND RURAL HOSPITALS, PROVIDE FOR TEMPORARY IMPLEMENTATION AND EVALUATION OF ALTERNATIVE STANDARDS, DEVELOP A RURAL HEALTH CARE PLAN MEETING THE CRITERIA UNDER THE ESSENTIAL ACCESS COMMUNITY HOSPITAL PROGRAM, AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.
On motion of Senator LEATHERMAN, with unanimous consent, H. 4789 was ordered to receive a third reading on Friday, April 6, 1990.
S. 1486 -- Senators Shealy, Bryan and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-77-145 SO AS TO PROVIDE THAT NO PERSON MAY BE DENIED ADMISSION TO A LICENSED HEALTH CARE FACILITY OR LICENSED LONG-TERM CARE FACILITY BECAUSE HE HAS NOT EXECUTED A DECLARATION PURSUANT TO THE PROVISIONS OF CHAPTER 77 OF TITLE 44 OF THE 1976 CODE, THE DEATH WITH DIGNITY ACT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVOKE THE LICENSE OF A FACILITY FOUND TO BE IN VIOLATION OF THIS SECTION.
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
On motion of Senator MULLINAX, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
On motion of Senator MULLINAX, the committee amendment was laid on the table.
Senator LAND proposed the following amendment (Doc. No. 3385R), which was adopted:
Amend the bill, as and if amended, by striking all after the title and inserting in lieu thereof:
/WHEREAS, the General Assembly reaffirms its policy that landfilling is the least desirable method of disposing of hazardous waste; and
WHEREAS, the existing permitted commercial land disposal facility in South Carolina and available capacity in this State generally are limited resources; and
WHEREAS, it is essential that the limited waste treatment and disposal capacity of our existing commercial facility and the State in general be preserved, ready and available to ensure that the needs of South Carolina are met first; and
WHEREAS, the existing commercial landfill must give preference to South Carolina generators so as to decrease the capacity available to out-of-state waste; and
WHEREAS, the General Assembly and the Executive Branch have mandated restrictions on the importation of out-of-state wastes and on the capacity of existing hazardous waste landfills; and
WHEREAS, the final permit for the existing hazardous waste landfill facility does not contain a restriction on the importation of hazardous waste; and
WHEREAS, reducing the amount of hazardous waste shipped to South Carolina commercial facilities will send a message to all states that South Carolina intends to restrict access and will not continue to accept hazardous waste for purposes of disposal;
For these reasons, the State of South Carolina by amendment of Chapter 56 of Title 44 of the 1976 Code reduces the cap on the amount of hazardous waste disposed in South Carolina, restricts the transportation and disposal of out-of-state hazardous waste commercially landfilled in this State and promotes in-state
interests by giving preference to the disposal of hazardous waste generated within this State.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-56-60(a) of the 1976 Code is amended to read:
"(a) No person shall may construct, substantially alter, or operate any a hazardous waste treatment, storage, or disposal facility or site, nor shall any may a person transport, store, treat, or dispose of any hazardous waste without first obtaining a permit from the department for the facility, site, or activity. Beginning on July 1, 1985 1990, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred thirty-five one hundred twenty thousand tons of hazardous waste. On July 1, 1991, and for each twelve-month period after that date, permitted hazardous waste disposal sites are restricted to a rate of land disposal by burial not to exceed one hundred ten thousand tons of hazardous waste for each twelve-month period thereafter within the permitted area of the site. Provided, however, that the commissioner may allow burial of waste in excess of that year's limitation, upon certification that disposal, by land burial from a particular site, is necessary to protect the health and safety of the people of this State. During a twelve-month period, the commissioner may allow land disposal by burial in excess of the limitation, upon certification of the department that:
(1) disposal by land burial at a site is necessary to dispose of hazardous waste generated in South Carolina; or
(2) at least one hundred ten thousand tons of hazardous waste disposed of by land burial in this State during the twelve-month period was generated in South Carolina.
During each twelve-month period, a person operating a hazardous waste disposal facility or site shall reserve at least the same capacity to dispose of hazardous waste generated in South Carolina that was disposed of by burial at that facility or site during the previous year.
Certification must be issued to the party seeking to use land disposal of the waste, and the certification must be presented to the operator of the facility at the time of disposal. The facility shall submit this certification with its regular report to the department of permitted activity at the disposal site."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MULLINAX, with unanimous consent, H. 3169 was ordered to receive a third reading on Friday, April 6, 1990.
H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: 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, the Bill was taken up for immediate consideration.
The question being the second reading of the Bill.
Senator DRUMMOND proposed the following amendment (Doc. No. 1139o), which was adopted:
Amend the bill, as and if amended, in Section 1-20-50, as contained in SECTION 1, by striking lines 41 and 42 of page 2 and inserting:
/(5) South Carolina Coordinating Council for Economic Development./
Renumber subitems to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator DRUMMOND, with unanimous consent, H. 4678 was ordered to receive a third reading on Friday, April 6, 1990.
S. 981 -- Senators Rose and Wilson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 107 SO AS TO ENACT THE DRUG-FREE WORKPLACE ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator ROSE explained the amendment.
Senator LEATHERMAN objected to further consideration of the Bill.
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
Senator McCONNELL objected.
S. 1437 -- Senators Hinson, McConnell, Mullinax, Mitchell, Giese, Setzler, Williams, Macaulay, Shealy, Martschink, Long, Holland, Wilson, Rose, J. Verne Smith, Pope, Passailaigue, Moore, O'Dell, McGill, Patterson, Fielding, Hinds, Russell, Matthews, Helmly, Leventis and McLeod: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE SAFETY BELTS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A VIOLATION TO BE CHARGED WHEN A PERSON IS STOPPED FOR A DRIVER'S LICENSE OR REGISTRATION CHECK AT A CHECKPOINT.
Senator HINSON asked unanimous consent to take the Bill up for immediate consideration.
Senator HAYES objected.
The following Bill and Concurrent Resolution were carried over:
S. 1039 -- Senators Mullinax and O'Dell: A BILL TO AMEND SECTION 40-79-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO DELETE THE PROVISIONS ALLOWING WORK EXPERIENCE TO SATISFY THE REQUIREMENTS.
(On motion of Senator MULLINAX)
H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.
(On motion of Senator POPE)
H. 4948 -- Reps. McLellan and Barber: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S APPROXIMATELY THIRTY-FIVE THOUSAND TEACHERS FOR THEIR PROFESSIONALISM, INTEGRITY, AND THE CONSISTENTLY OUTSTANDING JOB THEY DO, AND TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE RECENT 60 MINUTES TELEVISION PROGRAM ON THE CBS NETWORK WAS WRONG AND UNFAIR TO OUR STATE'S TEACHERS WHEN IT ALLEGED THAT THERE IS WIDESPREAD CHEATING ON STANDARDIZED TESTS IN THE PUBLIC SCHOOLS OF THIS STATE INVOLVING TEACHERS, STUDENTS, AND SCHOOL ADMINISTRATORS.
On motion of Senator SETZLER, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Education.
On motion of Senator SETZLER, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
On motion of Senator SETZLER, the Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator POPE moved to the make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Gilbert Hayes Holland Lourie Macaulay Martschink Matthews McGill Moore Mullinax Passailaigue Patterson Pope Rose Setzler Shealy Smith, N.W. Waddell Williams Wilson
NAYS
Courson Drummond Fielding Hinds Hinson Land Leatherman Long McLeod Peeler Stilwell Thomas
PAIRED
McConnell (Present) Nay
Saleeby (Absent) Aye
Having failed to receive the necessary vote, the motion to make S. 592 a Special Order failed.
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.
Senator LONG moved to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fielding Gilbert Hinds Land Long Lourie Martschink McConnell Mullinax Passailaigue Patterson Shealy Waddell Williams
NAYS
Bryan Drummond Hayes Hinson Holland Leatherman Macaulay McGill Moore Peeler Pope Rose Setzler Smith, J.V. Smith, N.W. Stilwell Thomas Wilson
Having failed to receive the necessary vote, the motion to make S. 1110 a Special Order failed.
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macaulay, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
Senator MOORE moved to make the Bill a Special Order.
Senator McCONNELL raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator SETZLER moved that the Bill be made a Special Order.
Senator LEATHERMAN raised a Point of Order that the motion was out of order inasmuch as the only motion in order would be the motion to reconsider the vote whereby the motion to make the Bill a Special Order failed.
Senator SETZLER spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator POPE spoke on the Point of Order and stated that under Rule 34, the motion to set a Bill for Special Order was not qualified.
Senator ROSE spoke on the Point of Order.
Senator HAYES spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
The question was the motion by Senator SETZLER to make S. 592 a Special Order.
Senator SETZLER requested a roll call vote.
Senator LEATHERMAN moved that the Senate stand adjourned.
Senator SETZLER raised a Point of Order that the motion to adjourn was out of order inasmuch as a roll call vote had been ordered.
The PRESIDENT stated that although a roll call vote had been requested, it had not yet been ordered and, therefore, overruled the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Hinds Holland Leatherman Long McConnell McLeod Moore Mullinax Shealy Smith, J.V. Smith, N.W. Stilwell Thomas
NAYS
Bryan Gilbert Hayes Hinson Land Lee Lourie Macaulay Martschink McGill Passailaigue Patterson Peeler Pope Rose Setzler Waddell Williams Wilson
The Senate refused to adjourn.
Senator SETZLER renewed the request for a roll call vote.
Senator SETZLER asked unanimous consent to make a motion that he be permitted to speak briefly on the Bill.
Senator THOMAS objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Gilbert Hayes Hinson Holland Lourie Macaulay Martschink Matthews McGill Mullinax Passailaigue Patterson Pope Rose Setzler Shealy Smith, N.W. Waddell Williams Wilson
NAYS
Drummond Hinds Land Leatherman Long McLeod Moore Peeler Smith, J.V. Stilwell Thomas
PAIRED
McConnell (Present) Nay
Saleeby (Absent) Aye
Having failed to receive the necessary vote, the motion to make S. 592 a Special Order failed.
S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.
Senator LEATHERMAN moved that the Joint Resolution be made a Special Order.
Senator McCONNELL moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Hinds Lourie Macaulay Matthews McConnell McLeod Passailaigue Patterson Pope Shealy Stilwell Thomas
NAYS
Bryan Drummond Hayes Hinson Leatherman Long Martschink McGill Moore Mullinax Peeler Rose Setzler Smith, J.V. Smith, N.W. Waddell Williams Wilson
The Senate refused to adjourn.
The question then was the motion to make S. 1438 a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Gilbert Hayes Hinds Hinson Leatherman Long Lourie Macaulay Martschink Matthews McGill McLeod Moore Mullinax Patterson Peeler Pope Setzler Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
McConnell Passailaigue Rose Shealy
The Resolution, S. 1438, was made a Special Order.
On motion of Senator WILLIAMS, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
Senator THOMAS moved that the Senate stand adjourned.
Senator THOMAS withdrew the motion to adjourn.
H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
The Senate proceeded to a consideration of the Bill. The question being third reading of the Bill.
Senator LONG proposed the following amendment (Doc. No. 1260X), which was tabled:
Amend the bill, as and if amended, Section 9-8-120(3), as contained in SECTION 3, page 4, by striking lines 20 through 33 and inserting:
/undertake. Any A retired justice or judge serving as an acting associate justice or as a judge_[, special circuit judge or family court judge shall serve without receive the same pay except for his actual expenses while serving and benefits provided for the position for which he is serving based on the amount of time he serves. If any such retired justice or judge shall have performed for a period of three or more consecutive months full judicial duties as acting associate justice, special circuit judge, or special family court judge, his The retirement pay for each full month during such period shall an acting associate justice or judge must be increased by an amount equal to the difference between retirement payment and active pay for the time he serves. Upon/.
Amend title to conform.
Senator LONG argued in favor of the adoption of the amendment and Senator McLEOD argued contra.
Senator LONG moved that the amendment be adopted.
Senator McLEOD moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MARTIN proposed the following amendment (Doc. No. 5053P), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 9-8-120 of the 1976 Code is amended by adding a subsection (5) to read:
"(5) Notwithstanding any other provision of law, a retired justice or judge may draw retirement compensation while employed by a public institution of higher education; provided, however, that a justice or judge while so employed may not contribute to, or receive service credit in, the South Carolina Retirement System for teachers and employees of the State and political subdivisions or agencies or departments thereof. The amount of compensation which a judge may draw from such public institution of higher education may not exceed that amount which any retiree under the South Carolina Retirement System may draw from employment by the State."/
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of this act, the provisions of Section 9-8-120, as last amended by this act, shall take effect upon approval by the Governor./
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator WILLIAMS argued in favor of the adoption of the amendment.
Senator WILLIAMS moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY requested and, was granted a leave of absence for the remainder of the day.
Senators HOLLAND, MARTIN, LAND, LONG, MULLINAX, and HINDS proposed the following amendment (Doc. No. 5101P):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 9-8-120(4) of the 1976 Code is amended to read:
"(4) No justice, or judge while drawing retirement compensation shall engage in the practice of law if such practice shall involve appearing in the courts of this State before a jury, administrative tribunal or judge or shall involve appearing before the Supreme Court of this State. A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State."/
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator HOLLAND argued in favor of the adoption of the amendment and Senators ROSE and McCONNELL argued contra.
Senator HOLLAND moved that the amendment be adopted.
Senator McCONNELL moved to lay the amendment on the table.
Senator LONG moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Hayes Hinds Holland Land Leatherman Long Lourie Matthews McConnell McGill Moore Mullinax Passailaigue Patterson Peeler Pope Russell Setzler Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Gilbert Hinson Macaulay Martschink Rose
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, April 10, 1990, at 12:00 Noon.
At 1:24 P.M., on motion of Senator LONG, the Senate adjourned to meet tomorrow at 11:00 A.M.
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