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, hear the Word of the Lord through the Prophet Jeremiah (8:7) (NEB):
"The stork in the sky
knows the time to migrate,
The dove and the crane and the swallow
know the season of return;
But my people do not know the
ordinances of the Lord."
Let us pray.
Lord of the Universe, Our Father, from the dawn of time, and through the processes of all history, You began and are creating, from the formless void, the orbs and spheres in the unbounded immensity of space.
In Your wisdom You placed man on this planet as Your highest creation to have dominion over all Your works.
We thank You that it is given to us to live in these times when earthbound man, unfettered and restrained, soars to lunar lands and spaces.
But, Lord, we find that with so much knowledge and skill it is difficult to live together on this planet without tension and misery.
It is still the human will that is still our problem.
Help us to mean it when we sing the old hymn:
"Trust and obey
There's no other way
To be happy in Jesus
But to trust and obey".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 18, 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, Commission on Mental Retardation, with term to expire June 30, 1993:
4th Congressional District:
Mr. John S. Poole, 220 Bruton Place, Spartanburg, S.C. 29302 VICE Mr. Bern Mebane
Referred to the Committee on Medical Affairs.
April 18, 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.
Reappointment, South Carolina Commission on Archives and History, South Carolina Historical Association, with term to expire June 30, 1995:
Archie Vernon Huff, Jr., Ph.D., 30 Glenrose Avenue, Greenville, S.C. 29609
Referred to the General Committee.
April 18, 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, South Carolina Commission on Alcohol and Drug Abuse Commission, with term to expire July 2, 1991:
4th Congressional District:
Mr. Robert Thomas Thompson, Jr., 300 Crescent Avenue, Greenville, S.C. 29605 VICE Ms. Jan Johnson
Referred to the Committee on Judiciary.
April 17, 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.
Reappointment, Commission on Women, At-Large, with term to expire October 18, 1993:
Carolyn B. Matalene, Ph.D., 326 Harden Street, Columbia, S.C. 29205
Referred to the General Committee.
April 18, 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 2, 1994:
Sumter & Calhoun Counties:
Ms. Jeannie Ariail Lowder, 2800 North Main Street, Sumter, S.C. 29150 VICE Mr. Robert C. Wannamaker
Referred to the Committee on Labor, Commerce and Industry.
April 18, 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, Children's Trust Fund of South Carolina, with term to expire July 1, 1994:
4th Congressional District:
Ms. Francis DeLoache Ellison, 70 Round Pond Road, Greenville, S.C. 29607 VICE Ms. Jane Earle Pressly
Referred to the Committee on Medical Affairs.
April 18, 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, Mining Association, with term to expire June 30, 1994:
Mr. Jack Erik Danel, 7 Hiawatha Drive, Greenville, S.C. 29615 VICE Mr. Jerry B. Dickey
Referred to the Committee on Agriculture and Natural Resources.
April 18, 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, South Carolina Commission on Aging, with term to expire June 30, 1993:
4th Congressional District:
Mr. Charles Dexter LeGrand, 108 Aberdeen Drive, Greenville, S.C. 29605 VICE Mr. Tom Stilwell (resigned)
Referred to the Committee on Medical Affairs.
April 17, 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.
Reappointment, South Carolina Commission on Alcohol and Drug Abuse Commission, At-Large, with term to expire June 30, 1994:
Ms. Aileen A. Weiss, 4431 Ivy Hall Drive, Columbia, S.C. 29206
Referred to the Committee on Medical Affairs.
April 17, 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, State Development Board, with term to expire May 22, 1995:
11th Judicial Circuit:
Mr. John W. Pettigrew, P.O. Box 338, Edgefield, S.C. 29824 VICE Mr. John Wheeler
Referred to the Committee on Labor, Commerce and Industry.
April 17, 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, State Athletic Commission, with term to expire June 30, 1994:
5th Congressional District:
Mr. Craig Drennon, 1008 College Drive, Gaffney, S.C. 29340 VICE Mr. Edward Newton
Referred to the General Committee.
April 17, 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 2, 1994:
Chesterfield & Lancaster Counties:
Mr. Charlie Robert Bailey, Jr., Route 3, Box 348, Lancaster, S.C. 29720 VICE Mr. H.F. Bell
Referred to the Committee on Labor, Commerce and Industry.
April 17, 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, State Board for Technical and Comprehensive Education, At-Large, with term to expire July 1, 1992:
Mr. James S. Konduros, 1110 Barnwell Street, Columbia, S.C. 29201 VICE Ms. Nancy Garden-Ellison
Referred to the Committee on Education.
April 17, 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:
Clarendon & Williamsburg Counties:
Mr. Joseph O. Rogers, Jr., 302 North Meadow Drive, Manning, S.C. 29102 VICE Mr. Harold Leselbuam
Referred to the Committee on Labor, Commerce and Industry.
April 17, 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, State Agency of Vocational Rehabilitation, with term to expire March 15, 1993:
1st Congressional District:
Mrs. Alease G. Samuels, P.O. Box 502, Walterboro, S.C. 29488 VICE Mr. Floyd Biceland
Referred to the Committee on Education.
April 17, 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.
Reappointment, South Carolina Commission on Archives and History, South Carolina Historical Society, with term to expire June 30, 1995:
George C. Rogers, Jr., Ph.D., 1819 Seneca Avenue, Columbia, S.C. 29205
Referred to the General Committee.
April 17, 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.
Reappointment, Jobs Economic Development Authority, with term to expire July 28, 1991:
5th Congressional District:
Mr. Terry Barnett Wiley, 1939 South Paraham, York, S.C. 29725
Referred to the Committee on Finance.
April 18, 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.
Reappointment, Jobs Economic Development Authority, with term to expire July 27, 1993:
4th Congressional District:
Mr. Donald F. Bolt, 7 Southbourne Court, Greenville, S.C. 29601
Referred to the Committee on Finance.
The following were received and referred to the appropriate committee for consideration.
Document No. 1257
Promulgated By Department of Insurance
South Carolina Merit Rating Plan
Received by Lt. Governor April 19, 1990
Referred to Senate Committee on Banking and Insurance
120 day expiration date August 17, 1990
Document No. 1259
Promulgated By Department of Insurance
Solicitation of Life Insurance
Received by Lt. Governor April 19, 1990
Referred to Senate Committee on Banking and Insurance
120 day expiration date August 17, 1990
Document No. 1260
Promulgated By Department of Insurance
Minimum Reserve Standards for Individual and Group Accident and Health Insurance Contracts
Received by Lt. Governor April 19, 1990
Referred to Senate Committee on Banking and Insurance
120 day expiration date August 17, 1990
The following was received and referred to the appropriate committee for consideration.
Document No. 1254
Promulgated By Workers' Compensation Commission
Workers' Compensation
Received by Lt. Governor April 12, 1990
Referred to Senate Committee on Judiciary
120 day expiration date August 10, 1990
Senate Committee requested withdrawal April 19, 1990
Withdrawn and Resubmitted April 19, 1990
Senator WILLIAMS introduced Dr. G. Preston Cone, Sr. of Orangeburg, Doctor of the Day.
Senator HINDS requested and was granted a leave of absence beginning at 12:00 Noon today.
Columbia, S.C., April 19, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Farr, Kirsh and Foster of the Committee of Free Conference on the part of the House on:
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
Very respectfully,
Speaker of the House
Received as information.
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
Senator LOURIE moved that the Committee of Conference be granted Free Conference Powers.
Senator LOURIE spoke on the motion.
Free Conference Powers were granted to the committee, whereupon the PRESIDENT appointed Senators LOURIE, NELL W. SMITH and ROSE of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 925 -- Senator Pope: A BILL TO AMEND CHAPTER 15, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-15-615 SO AS TO PROVIDE THAT INDIVIDUALS, CORPORATIONS, PARTNERSHIPS, OR OTHER BUSINESS ENTITIES SHALL NOT BE REQUIRED TO BE REPRESENTED BY AN ATTORNEY IN A PROCEEDING BEFORE THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
The House returned the Bill with amendments.
On motion of Senator POPE, 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.
S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
The House returned the Bill with amendments.
Senators LINDSAY and SALEEBY proposed the following amendment (Doc. No. 0424I, G1), which was adopted:
Amend the bill, as and if amended, by striking Section 3 of the bill in its entirety and inserting in lieu thereof:
Section 3. Section 38-75-330 of the 1976 Code is amended to read:
"Section 38-75-330. There is created the South Carolina Windstorm Wind and Hail Underwriting Association, an unincorporated association whose responsibilities, liability, and regulations are governed and defined by this article, consisting of all private insurers authorized to write and engage in writing property insurance within this State on a direct and statewide basis, but excluding insurers whose writings are limited to property wholly owned by parent, subsidiary, or allied organizations, or insurers whose writings are limited to property wholly owned by religious organizations, provided, however, as a condition of exemption from membership such insurers providing property insurance for insurable property in the coastal area as defined by this article shall also provide essential property insurance for such risks. Every such insurer must be a member of the Association and must remain a member of the Association so long as the Association is in existence as a condition of its authority to continue to transact the business of insurance in this State."
Amend title to conform.
Renumber sections to conform.
Senator SALEEBY explained the amendment.
On motion of Senator SALEEBY, the amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.
The PRESIDENT appointed Senators DRUMMOND, STILWELL and ROSE of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., April 11, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House
On motion of Senator LEATHERMAN, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators LEATHERMAN, LEE and HOLLAND of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
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 House returned the Bill with amendments.
Senator WILLIAMS asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator SHEALY objected.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:
(R481) S. 1155 -- Banking and Insurance Committee: AN ACT 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.
(R482) S. 1172 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-71-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH INSURANCE COVERAGE FOR NEWLY BORN CHILDREN, SO AS TO PROVIDE THE REQUIREMENTS FOR THE SECTION TO APPLY TO AN ADOPTED CHILD.
(R483) S. 1351 -- Senator Waddell: AN ACT TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
(R484) S. 1242 -- Senator Williams: AN ACT TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
(R485) S. 936 -- Senators Bryan, Hayes, Peeler and Fielding: AN ACT TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE CAPACITY OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES TO BE FOLLOWED IN MAKING THIS DETERMINATION.
(R486) S. 1352 -- Senator Waddell: AN ACT TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM THIRTY TO FORTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
(R487) S. 1169 -- Senator Lourie: AN ACT TO AMEND SECTION 58-17-1450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RAILROAD CROSSING SAFETY REQUIREMENTS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS TO BE MADE WITHIN SIXTY INSTEAD OF THIRTY DAYS OF NOTIFICATION, TO PROVIDE FOR MEASURES TO BE TAKEN TO ASSURE THAT CROSSBUCKS ARE PLACED PROPERLY AND MAINTAINED WITHIN THIRTY INSTEAD OF TEN DAYS OF NOTIFICATION, AND TO PROVIDE EXCEPTIONS.
(R488) S. 632 -- Senators Drummond, Rose and McLeod: AN ACT TO AMEND SECTIONS 27-9-20 AND 27-9-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION, THE LOW COUNTRY OPEN LAND TRUST, AND THE NATION FORD LAND TRUST TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.
(R489) S. 1328 -- Senator Stilwell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MACHO NACHO, INC., IN GREENVILLE COUNTY.
(R490) S. 1248 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: AN ACT TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.
(R491) S. 1157 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, TO PROVIDE EXCEPTIONS, TO PROVIDE FOR JUDICIAL REVIEW, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.
(R492) S. 1216 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DECERTIFICATION, AND ACCREDITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1220, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R493) S. 1229 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R494) S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68 - WATER CLASSIFICATIONS AND STANDARDS AND 61-69 - CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R495) S. 1065 -- Senators Passailaigue, McConnell, Martschink and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 IN CHAPTER 9 OF TITLE 12 SO AS TO PROVIDE FOR STATE INCOME TAX WITHHOLDING ON THE AMOUNT REALIZED FROM THE SALE OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY BY NONRESIDENTS, TO PROVIDE THAT THE BUYER SHALL WITHHOLD AND PAY OVER THE TAX, TO PROVIDE THE METHOD FOR COMPUTING AND PAYING OVER THE AMOUNTS WITHHELD, TO LIMIT THE AMOUNT REQUIRED TO BE WITHHELD TO THE TOTAL OF THE NET PROCEEDS DUE THE SELLER, TO ALLOW WITHHOLDING ON GAIN FROM THE SALE IF THE SELLER PROVIDES THE PURCHASER AN AFFIDAVIT STATING THE AMOUNT OF THE GAIN AND TO PROVIDE THAT THE SELLER MAY APPLY TO THE SOUTH CAROLINA TAX COMMISSION FOR REFUND OF EXCESS WITHHOLDING, TO PROVIDE THE TIME FOR PAYMENT, TO ALLOW THE SOUTH CAROLINA TAX COMMISSION TO EXEMPT CLASSES OF TRANSACTIONS AND EXTEND TIME FOR PAYMENT, TO PROVIDE DEFINITIONS, AND TO PROVIDE THAT THE LENDING INSTITUTION, REAL ESTATE AGENT, AND CLOSING ATTORNEY ARE NOT LIABLE FOR COLLECTING THE AMOUNT TO BE WITHHELD; AND TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE WITHHOLDING REQUIREMENT ON SALES OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY BY NONRESIDENTS.
(R496) S. 1112 -- Senators Rose and Wilson: AN ACT TO AMEND SUBARTICLE 17, ARTICLE 11, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2203 SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.
(R497) S. 233 -- Senators Leventis and Leatherman: AN ACT TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS, TO PROVIDE FOR INTEREST ON LATE PAYMENTS, AND TO PROVIDE EXCEPTIONS.
(R498) S. 1095 -- Senators Shealy, Setzler, Martschink, Peeler, Hinson, Holland, Long, Bryan, O'Dell, Horace C. Smith, Lee and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-7-845 AND 22-2-85 SO AS TO PROVIDE THAT JURY SERVICE FOR STUDENTS IS, UPON REQUEST, POSTPONED UNTIL A DATE THAT DOES NOT CONFLICT WITH THE SCHOOL TERM.
(R499) S. 1331 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE OR THE OFFERING OF A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT, AND TO PROVIDE FOR THE MANNER IN WHICH THIS FISCAL IMPACT STATEMENT MUST BE PREPARED.
(R500) S. 908 -- Senator Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-175 SO AS TO PROVIDE PROCEDURES FOR STATE AGENCIES TO ARRANGE VOLUNTEER BLOOD DRIVES AND FOR STATE EMPLOYEES TO DONATE BLOOD.
(R501) S. 1254 -- Finance Committee: AN ACT TO AMEND SECTION 8-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFERRED COMPENSATION COMMISSION, SO AS TO REQUIRE THAT ONE MEMBER MUST BE A RETIRED PUBLIC EMPLOYEE AND DELETE ARCHAIC PROVISIONS.
(R502) S. 518 -- Senator McConnell: AN ACT TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AS TO A PERSON'S FITNESS TO STAND TRIAL, SO AS TO INCLUDE CIVIL CONTEMPT IN THE CHARGES AGAINST HIM AND DELETE THE REFERENCE TO THE COUNTY COURT.
(R503) S. 1363 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO SUPERVISORS' LICENSES, SO AS TO CHANGE THE NUMBER OF HOURS REQUIRED FOR RENEWAL AND THE LENGTH OF THE LICENSURE PERIOD, TO ADD LICENSED SUPERVISORS TO THE LIST OF LICENSEES AFFECTED BY THE CODE OF ETHICS, AND TO DELETE REFERENCES TO APPLICATION FORMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1208, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R504) S. 1449 -- Senator Leventis: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE MIDLAND RETIRED MILITARY ASSOCIATION OF SOUTH CAROLINA.
(R505) S. 1249 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.
(R506) H. 4653 -- Rep. J. Rogers: AN ACT TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.
(R507) 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.
(R508) H. 4262 -- Reps. Wilkins, Nettles and Burch: AN ACT 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.
(R509) H. 4916 -- Rep. Gentry: AN ACT 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.
(R510) H. 4181 -- Rep. Farr: AN ACT TO AUTHORIZE THE UNION COUNTY BOARD OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES.
(R511) 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.
(R512) H. 4833 -- Reps. Sturkie, Klapman, Koon, Wright, Sharpe, Derrick and Felder: AN ACT 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.
(R513) H. 4745 -- Reps. L. Martin, Hendricks and Simpson: AN ACT TO AMEND SECTION 7-7-450, 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.
(R514) H. 4675 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Klapman and McLellan: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY CORPORATIONS AND PARTNERSHIPS.
(R515) H. 4730 -- Rep. J. Bailey: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTOWNE NEIGHBORHOOD ASSOCIATION.
(R516) H. 4895 -- Reps. Townsend, Kay, P. Harris, Chamblee and Cooper: AN ACT 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.
(R517) 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.
(R518) H. 4591 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; BY ADDING SECTION 39-22-35 SO AS TO EXEMPT GRIST MILLS AND THEIR PRODUCTS FROM REGULATION OF THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.
(R519) H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ITS DEPARTMENTS, AGENCIES, OR INSTITUTIONS TO USE CERTAIN ACCRUED LEAVE FOR THE PURPOSE OF CARING FOR THE CHILD AFTER PLACEMENT.
(R520) H. 3702 -- Rep. Felder: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-375 SO AS TO PROVIDE THAT A LICENSED REAL ESTATE SALES PERSON WHO SIGNS AN INDEPENDENT CONTRACTOR AGREEMENT WITH HIS BROKER IS EXEMPT FROM WORKERS' COMPENSATION LAWS.
(R521) H. 4205 -- Rep. Wilkins: AN ACT 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.
(R522) H. 4873 -- Rep. Moss: 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.
(R523) H. 4478 -- Reps. Moss, Baker and Davenport: AN ACT 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 AND TO REQUIRE THAT THE REGULATIONS IMPLEMENTING THIS SECTION BE PROMULGATED BY JANUARY 1, 1991.
(R524) H. 4463 -- Reps. Snow, G. Brown, Barfield and Bruce: AN ACT TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NUISANCE SUITS IN AGRICULTURAL OPERATIONS, SO AS TO FURTHER DEFINE "OPERATIONS" AND MAKE THE PROVISIONS APPLICABLE TO ALL AGRICULTURAL FACILITIES AS DEFINED.
(R525) H. 3053 -- Reps. Kirsh and Mappus: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.
(R526) H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS AND BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS.
(R527) H. 4889 -- Reps. Boan and Hodges: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANCASTER COUNTY FAIR ASSOCIATION.
The following were introduced:
S. 1539 -- Senators Lourie, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: 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 motion of Senator MOORE with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1540 -- Senators Martschink and Passailaigue: A BILL TO AMEND SECTION 59-1-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND INVESTIGATIONS REGARDING VIOLATIONS OF MANDATORY TEST SECURITY, SO AS TO PROVIDE THAT THE PENALTY PROVISIONS DO NOT APPLY TO A TEACHER OR STUDENT WHO HAS VIOLATED THE SECURITY PROCEDURES PROVIDED IN THIS SECTION OR UNDER REGULATIONS PROMULGATED BY THE STATE BOARD OF EDUCATION WHO SHARES THAT INFORMATION AS A RESULT OF AN OFFICIAL INVESTIGATION OR INQUIRY INTO ALLEGATIONS OF VIOLATIONS OF THIS SECTION OR REGULATIONS.
Read the first time and referred to the Committee on Education.
S. 1541 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAD CHECKS, SO AS TO SPECIFICALLY MAKE IT UNLAWFUL TO DRAW, MAKE, UTTER, ISSUE, OR DELIVER A BAD CHECK FOR PAYMENT ON A LEASE AGREEMENT OR TO PAY RENT.
Read the first time and referred to the Committee on Judiciary.
S. 1542 -- Senator Drummond: A BILL TO AMEND SECTION 16-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A THIRD CONVICTION OF DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PRIOR CONVICTIONS FOR VIOLENT ACTS AGAINST A PERSON WHOSE RELATIONSHIP FALLS WITHIN THE CRIMINAL DOMESTIC VIOLENCE ACT ARE INCLUDED FOR SENTENCING PURPOSES.
Read the first time and referred to the Committee on Judiciary.
S. 1543 -- Senators Rose, Giese, Passailaigue, McConnell and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-47-447 AND 12-47-550 SO AS TO PROVIDE THAT WHEN A TAXPAYER PREVAILS IN A LAWSUIT FOR A TAX REFUND OR ABATEMENT, THE TAX COMMISSION SHALL ISSUE REFUNDS TO ALL SIMILARLY SITUATED TAXPAYERS WHO MAKE PROPER APPLICATION AND TO PROVIDE FOR REASONABLE ATTORNEY'S FEES.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1544 -- Senator J. Verne Smith: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1545 -- Senators McLeod, Lourie and Nell W. Smith: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 36 SO AS TO ESTABLISH A STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY.
Read the first time and referred to the Committee on Medical Affairs.
S. 1546 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO DATA REPORTING REQUIREMENTS FOR SOUTH CAROLINA GENERAL HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1547 -- Senator Drummond: A BILL TO AMEND SECTION 11-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OR COMMISSIONS REQUIRED TO REMIT REVENUES TO THE STATE TREASURER TO EQUAL OR EXCEED APPROPRIATIONS, SO AS TO ELIMINATE THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION FROM THE PROVISIONS OF THE SECTION.
Senator DRUMMOND spoke on the Bill.
Read the first time and on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Calendar without reference.
S. 1548 -- Senator Waddell: A BILL TO AMEND SECTION 34-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACQUISITIONS UNDER THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT WHICH REQUIRE CERTAIN PRIOR APPROVALS, SO AS TO AUTHORIZE AN ADDITIONAL TYPE OF ACQUISITION; AND TO REVISE CERTAIN TERMS USED IN THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT.
Senator WADDELL spoke on the Bill.
Read the first time and on motion Senator WADDELL with, unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator WADDELL, with unanimous consent, S. 1548 was ordered to receive a second reading with notice of general amendments on Friday, April 20, 1990.
S. 1549 -- Senator Matthews: A BILL TO AUTHORIZE SCHOOL DISTRICTS 3 AND 8 OF ORANGEBURG COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1550 -- Senator Stilwell: A BILL TO AMEND ACT 916 OF 1970, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO AUTHORIZE THE EMPLOYMENT OF FIREMEN AND OTHER EMPLOYEES IN ADDITION TO SELECTING VOLUNTEER FIREMEN.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1551 -- Senator Martin: A BILL TO AMEND SECTION 27-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIME SHARING PLANS SO AS TO PROVIDE THAT THE BUYER MUST ACKNOWLEDGE AND SIGN A STATEMENT EXPLAINING THE BUYER'S RIGHT TO CANCEL.
Read the first time and referred to the Committee on Judiciary.
S. 1552 -- Senators Lee, Horace C. Smith and Russell: A CONCURRENT RESOLUTION COMMENDING THE 2800 COMMITTEE OF THE SPARTANBURG DEVELOPMENT ASSOCIATION AND VOLUNTEER BUSINESS AND INDUSTRY SPONSORS FOR THEIR OUTSTANDING WORK AND EFFORTS IN ORGANIZING THE SPARTANBURG COUNTY HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY ON APRIL 7, 1990.
Senator LEE spoke on the Concurrent Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 5043 -- Rep. Baxley: A CONCURRENT RESOLUTION CONGRATULATING THE LADY FOXES OF HARTSVILLE HIGH SCHOOL OF DARLINGTON COUNTY ON WINNING THE CLASS AAAA GIRLS' BASKETBALL STATE CHAMPIONSHIP FOR 1989-90.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5045 -- Rep. Cole: A CONCURRENT RESOLUTION COMMENDING THE 2800 COMMITTEE OF THE SPARTANBURG DEVELOPMENT ASSOCIATION AND VOLUNTEER BUSINESS AND INDUSTRY SPONSORS FOR THEIR OUTSTANDING WORK AND EFFORTS IN ORGANIZING THE SPARTANBURG COUNTY HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY ON APRIL 7, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3873 -- Reps. Wilkins and Clyborne: A BILL TO REQUIRE MEMBERS OF STATE BOARDS, COMMITTEES, COUNCILS, AND COMMISSIONS TO ATTEND A MINIMUM NUMBER OF MEETINGS ANNUALLY, TO PROVIDE THAT FAILURE TO ATTEND THE REQUISITE NUMBER OF MEETINGS CONSTITUTES PERSISTENT NEGLECT OF DUTY FOR PURPOSES OF SECTION 1-3-240 OF THE 1976 CODE OF LAWS, AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
Read the first time and referred to the Committee on Judiciary.
H. 5021 -- Rep. Gordon: A BILL TO AMEND SECTION 7-7-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator HAYES, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 398 -- Senators Lee, Thomas and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S POWER TO OBTAIN INJUNCTIVE RELIEF IN THE COURT OF COMMON PLEAS TO ABATE NUISANCES, SO AS TO PROVIDE THAT COUNTIES MAY ENACT ORDINANCES AND OBTAIN INJUNCTIVE RELIEF IN THE COURT OF COMMON PLEAS TO ABATE ALL NUISANCES THAT DISTURB THE PEACE AND GOOD ORDER IN THE COMMUNITY WHERE THE NUISANCES ARE LOCATED.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a majority favorable with amendments and Senator BRYAN a minority unfavorable report on:
S. 460 -- Senator McConnell: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE AUTHORIZATION FOR AND SCOPE OF BUILDING CODES, REGULATIONS, AND REGIONAL AGREEMENTS, PROVIDE FOR THE APPOINTMENT OF A BUILDING OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF CODES AND STANDARDS, REVISE THE MEMBERSHIP AND OFFICERS OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, DELETE THE REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1, 1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON THE AUTHORITY OF LOCAL BUILDING OFFICIALS AND THE STATE FIRE MARSHAL.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 966 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-240, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT A PILOT PROGRAM FOR DENTAL HEALTH EDUCATION, SCREENING, AND TREATMENT REFERRAL IN THE PUBLIC SCHOOLS FOR CHILDREN IN KINDERGARTEN THROUGH SEVENTH GRADE.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 1374 -- Senator Drummond: A BILL TO AMEND SECTION 48-28-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
S. 1447 -- Senator Macaulay: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable with amendments report on:
S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendments report on:
S. 1463 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 50-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE FROM THE DEFINITION OF A MARINE DEALER THE REQUIREMENT OF SELLING A MINIMUM OF TWENTY WATERCRAFT OR OUTBOARD MOTORS A YEAR.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 1471 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DEFINE INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR PERSONS WITH RELATED CONDITIONS; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF THE FACILITIES, SO AS TO PROVIDE FOR THE REQUIREMENTS TO APPLY TO THE INTERMEDIATE CARE FACILITIES DEFINED IN THIS ACT.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
S. 1533 -- Senator Peeler: 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 REGARDING APPROVED CHILD SUPPORT PLANS, SO AS TO PROVIDE THAT WHEN A FAMILY CEASES RECEIVING PUBLIC ASSISTANCE WHEN AN ASSIGNMENT HAS BEEN MADE IT CONVERTS TO A NONPUBLIC ASSISTANCE ASSIGNMENT AND THE RECIPIENT MAY SUBMIT A WRITTEN REQUEST TO HAVE THE ASSIGNMENT TERMINATED.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report, with amendments on:
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 3791 -- Reps. J. Rogers and Huff: A BILL TO AMEND SECTION 40-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF THE REGULATION OF SPEECH/LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO DEFINE THE TERM "SPEECH/LANGUAGE PATHOLOGY" AND TO REVISE THE TERMS "SPEECH/LANGUAGE PATHOLOGIST", "THE PRACTICE OF SPEECH/LANGUAGE PATHOLOGY", AND "THE PRACTICE OF AUDIOLOGY".
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendments report on:
H. 3983 -- Reps. Harvin, McLeod, Snow and Felder: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF CERTAIN FISH INCLUDING GRASS CARP, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE GRASS CARP WHICH HAVE BEEN STOCKED AS PERMITTED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
H. 4727 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, SO AS TO PROVIDE THAT WHITE OR HICKORY SHAD MAY BE TAKEN ALL YEAR WITH HOOK AND LINE FOR NONCOMMERCIAL PURPOSES.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4914 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICALLY INDIGENT ASSISTANCE FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 1189, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 4941 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 15, 1990, FOR ITS ANNUAL STATE HOUSE MEETING.
Ordered for consideration tomorrow.
H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
The House returned the Bill with amendments.
Senator WILLIAMS moved to concur with the House amendments.
Senator SHEALY argued contra to the motion.
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.
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. 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.
H. 4783 -- Rep. McTeer: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANDY RUN CEMETERY ASSOCIATION IN HAMPTON COUNTY.
H. 4871 -- Reps. R. Brown, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Blanding, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Hallman, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Keyserling, Kinon, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Short, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Washington, Wells, White, Wilkes, Wilkins, J. Williams, Winstead, Wofford and Wright: A BILL TO AMEND SECTIONS 38-43-200 AND 38-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO PERMIT THE PAYMENT OF A FEE TO A TRADE OR PROFESSIONAL ASSOCIATION EXEMPT FROM INCOME TAX UNDER THE INTERNAL REVENUE CODE.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
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.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1538 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.
S. 1244 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.
S. 1523 -- Finance Committee: A BILL TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.
S. 1522 -- Finance Committee: A BILL TO AMEND CHAPTER 119 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY, BY ADDING ARTICLE 7 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE AUXILIARY FACILITIES REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM THE FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS, AND TO PROVIDE THAT NO TIME LIMIT IS SET FOR THE ISSUANCE OF BONDS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WADDELL proposed the following amendment (Doc. No. 1607X), which was adopted:
Amend the Bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The Board of Trustees for the College of Charleston, as the governing body of the College of Charleston, may borrow, at public or private sale, not exceeding one million two hundred thousand dollars, upon terms and conditions as the board, with the approval of the State Budget and Control Board, determines to issue its bonds or notes evidencing the borrowing. The board may use the proceeds to defray the cost of issuing the bonds or notes and the cost of the renovation and expansion of the College of Charleston's cafeteria facilities, including the retirement of indebtedness issued for that purpose. For the payment of the loan and the interest on the loan, there must be pledged certain revenues derived by the board from the sale of meals at the cafeteria facilities at the College of Charleston, and no other funds may be used. In the proceedings providing for the issuance of the bonds or notes the board shall impose, or require the imposition of, charges for meals at the College of Charleston's cafeteria facilities adequate to defray the cost of the meals and to meet the payment of principal and interest on the bonds or notes as they become due. The borrowing must be evidenced by one or more bonds or notes of the board payable as to principal and interest solely from the revenues to be pledged for the authorized bonds or notes. The bonds or notes and the interest to become due on them have the tax-exempt status prescribed in Section 12-1-60 of the 1976 Code and may be issued on a parity with, or junior to, any other bonds or notes secured by a pledge of the revenues./
Renumber sections to conform.
Amend title to conform.
Senator WADDELL explained the amendment.
Senators WADDELL and MOORE proposed the following amendment (Doc. No. 1611X), which was adopted:
Amend the Bill, as and if amended, by adding two appropriately numbered sections to read:
/SECTION ___. Sections 59-117-10 through 59-117-100 of the 1976 Code are designated as Article 1, Chapter 117, Title 59 and entitled "General Provisions".
SECTION ___. Chapter 117 of Title 59 of the 1976 Code is amended by adding:
Section 59-117-210. (A) The General Assembly finds that it is desirable to provide continuing and general statutory authority for the University of South Carolina to incur debt for, among other things, the purposes of providing funds to acquire, construct, renovate, and equip certain revenue-producing auxiliary facilities, which debt is secured by a pledge of the revenues derived from the operation of some or all of the facilities. The University of South Carolina has demonstrated need for additional funds to provide for acquisition, construction, renovation, and equipping of these facilities. These facilities are needed to replace or renovate aging facilities and to provide additional facilities all to the end that the educational environment at the University of South Carolina will be enhanced for the benefit of present and potential students at the University of South Carolina.
(B) Consideration has been given to this need and to the methods of funding it. It has been determined to be in the best interests of the people of this State to authorize the University to acquire, construct, renovate, and equip additional facilities and to incur indebtedness for these purposes which is payable from the revenues derived from the operation of these facilities to the extent and under the conditions provided for in this article.
Section 59-117-220. As used in this article:
(1) 'Bond' or 'bonds' means any note, bond, installment contract, or other evidence of indebtedness issued pursuant to this article.
(2) 'University' means the University of South Carolina.
(3) 'Facilities' means any or all of the following facilities operated to provide for the students, faculty, or staff at the University: dining or food service facilities; laundry facilities; canteen facilities; vending machines; convenience stores; any other facilities for the sale of sundry items; health services; book stores; parking lots and vehicle registration; and all furniture, furnishings and equipment in them, which are now owned by the University, or which may be acquired by the University for any of these purposes.
(4) 'Revenues' of any facilities means the entire receipts of the University from the operation of the facilities. 'Net revenues' means these receipts reduced by the necessary expenses for operation and maintenance of the facilities.
(5) 'Board' means the State Budget and Control Board.
(6) 'Trustees' means the Board of Trustees of the University or any successor body.
Section 59-117-230. The trustees are authorized to acquire additional facilities and to improve and renovate existing facilities to the extent they determine to be necessary; and the proceeds of bonds authorized by this article are made available for that purpose. The trustees also are authorized to refund bonds that may from time to time be outstanding pursuant to this article by exchange or otherwise.
Section 59-117-240. Upon receiving the approval of the board and upon review by the Joint Bond Review Committee, the trustees may from time to time borrow such sums as may be necessary to accomplish the purpose of this article and to evidence these borrowings by bonds issued pursuant to this article in such aggregate principal amount as they determine, except that other provisions of this article to the contrary notwithstanding, there may not be outstanding at any time bonds issued pursuant to this article in excess of twenty-five million dollars.
Section 59-117-250. Bonds issued pursuant to this article must be payable from the revenues or the net revenues derived by the University from these facilities as designated by the trustees with respect to the bonds. The trustees may abandon the use of any portion of the facilities or sell or dispose of any portion of the facilities upon receipt of a written recommendation by the chief financial officer of the University to the effect that the action will not adversely affect the ability of the University to discharge its obligations to the holders of bonds issued pursuant to this article and upon the further conditions as prescribed in the resolution of the trustees providing for the issuance of bonds. The bonds issued pursuant to this article may be further secured by the additional pledges of other revenues or fees of the University as it may be authorized to grant pursuant to other laws of this State.
Section 59-117-260. The faith and credit of the State may not be pledged for the payment of the principal and interest of the bonds, and there must be on the face of each bond a statement plainly worded to that effect. Neither the trustees nor any other person signing the bonds is personally liable for them.
Section 59-117-270. In order to avail themselves of the authorizations set forth in this article, the trustees shall adopt resolutions providing for the issuance of bonds of the University, within the limitations mentioned in this article which must prescribe the tenor, terms, and conditions of the bonds. The bonds must be issued as serial or term bonds, maturing in equal or unequal amounts, at such times and on such occasions as the trustees determine. The last maturing bonds of any issue must be expressed to mature not later than fifty years from their date, and the first maturing bonds of any issue, issued pursuant to this article, falls due within five years from their date. They must bear such rates of interest, payable on such occasion, as the trustees prescribe, and the bonds must be in such denominations, payable in such medium of payment, and at such place as such resolutions prescribe. All bonds may be issued with a provision permitting their redemption on any interest payment date before their respective maturities. Bonds made subject to redemption before their stated maturities may contain a provision requiring the payment of a premium for the privilege of exercising the right of redemption, in such amount or amounts as the trustees prescribe in the resolutions authorizing their issuance. All bonds that are subject to redemption must contain a statement to that effect on the face of each bond. The resolutions authorizing their issuance must contain provisions specifying the manner of call and the notice of call that must be given.
Section 59-117-280. The bonds authorized by this article and all interest to become due on them have the tax exempt status prescribed by Section 12-1-60.
Section 59-117-290. It is lawful for all executors, administrators, guardians, and fiduciaries, all sinking fund commissions, the board, as trustee of the South Carolina Retirement System, and all other governmental entities within this State to invest any monies in their hands in the bonds.
Section 59-117-300. The bonds and coupons, if any, attached to the bonds, are executed manually or by facsimile in the name of the University in the manner and by persons as the trustees from time to time determine, and the seal of the University must be affixed to or impressed or reproduced on each bond. Any coupons attached to the bonds must be authenticated by the facsimile signature of one or more of the persons signing the bonds. The bonds, in the discretion of the trustees, may be registerable as to principal and interest on books kept for them by or on behalf of the University, including by a corporate registrar. The delivery of the executed bonds is valid notwithstanding changes in officers or in the seal occurring after the execution. Notwithstanding the foregoing, the bonds, in the discretion of the trustees, may be issued as fully registered noncertificated book-entry securities.
Section 59-117-310. The bonds must be disposed of in such manner as the trustees determine, except that no sale, privately negotiated without public advertisement, may be made unless the approval of the board is obtained. If the trustees elect to sell the bonds at public sale, at least one advertisement of them must appear in some newspaper of general circulation in this State not less than seven days before the date fixed for the opening of bids. The bonds may be sold at such discount or for such premium as may be determined by the trustees or their designee as being in the best interest of the University.
Section 59-117-320. To the end that the payment of the principal and interest of the bonds authorized by this article is secured adequately, the trustees of the University may:
( 1) issue bonds in such amount within the limitations provided for in this article, as the trustees consider necessary. It is lawful for the trustees to use a portion of the principal proceeds derived from any sale of bonds, except bonds issued to effect refunding of outstanding bonds, to meet the payment of interest on the bonds for a period equal to the period of construction of the facilities to be financed with the proceeds of such bonds, plus a period not exceeding six months. It is recognized by the General Assembly that until the facilities to be constructed with the proceeds of the loan are completed an undue burden may be imposed upon the existing revenues at that time;
( 2) pledge the revenues or the net revenues of the facilities as designated by the trustees in connection with the issuance of the bonds, whether then or after that time to be existing and to pledge any otherwise available gifts, grants, or donations to the University for the payment of the principal of and interest on the bonds as they respectively mature. However, any surplus of the revenues or net revenues available after the payment of costs of operation and maintenance of the facilities and of debt service on the bonds, and the establishment of any debt service reserve obligation under the proceedings providing for the issuance of the bonds, is placed in a contingency and improvement fund for the facilities in order to restore depreciated or obsolete items of the facilities, to make improvements to the facilities, to defray the cost of unforeseen contingencies with regard to the facilities, to prevent defaults under such bonds, or to redeem any of the bonds;
( 3) further secure the bonds with a pledge of any additional revenues or fees of the University as may be authorized under other laws of this State;
( 4) covenant that no facilities owned by the University may be used free of charge, or to specify and limit the facilities which may be used free of charge;
( 5) covenant to establish and maintain a system of rules as will insure the continuous use and occupancy of the facilities, whose revenues are pledged to secure any bonds;
( 6) covenant that an adequate schedule of charges be established and maintained for the facilities designated by the trustees, whose revenues or net revenues are pledged to secure the bonds, to the extent necessary to produce sufficient revenues to:
(a) pay the cost of operating and maintaining the facilities, whose revenues or net revenues are pledged for the payment of the bonds, including the cost of fire, extended coverage and use, and occupancy insurance;
(b) pay the principal and interest of the bonds as they respectively become due;
(c) create and at all times maintain an adequate debt service reserve fund to meet the payment of the principal and interest; and
(d) create and at all times maintain an adequate reserve for contingencies and for major repairs and replacement.
( 7) covenant against the mortgaging or disposing of the facilities designated by the trustees, whose revenues or net revenues are pledged for the payment of the bonds, and against permitting or suffering any lien to be created on them, equal or superior to the lien created for the benefit of such bonds. The trustees are empowered to discontinue the use of or demolish obsolete facilities and to reserve the right, under the terms they prescribe, to issue additional bonds on a parity with the bonds authorized by this article, if at some later date they obtain legislative authorization for the issuance of additional bonds;
( 8) covenant as to the use of the proceeds derived from the sale of any bonds issued pursuant to this article;
( 9) provide for the terms, form, registration, exchange, execution and authentication of bonds, and for the replacement of lost, destroyed, or mutilated bonds;
(10) make covenants with respect to the use of the facilities, to be constructed with the proceeds of the bonds authorized by this article, and of the other facilities, whose revenues must be pledged for the payment of the bonds;
(11) covenant that all revenues or net revenues of the particular facilities pledged for the payment of the bonds must be segregated into special funds and that the funds must be used solely for the purposes for which they are intended and for no other purpose;
(12) covenant for the mandatory redemption of bonds on the terms and conditions as the resolutions authorizing the bonds prescribe;
(13) provide for early defeasance of bonds through the establishment of special escrow accounts maintained by a corporate trustee, which may be the State Treasurer, of cash or United States government obligations, or obligations of agencies of them, which escrows may be funded with proceeds of bonds issued under the provisions of this article or revenues or other funds available to the University;
(14) prescribe the procedure, if any, by which the terms of the contract with the bondholders may be amended, the number of bonds whose holders must consent to it, and the manner in which consent is given;
(15) covenant as to the maintenance of the facilities, whose revenues must be pledged for the payment of the bonds, the insurance to be carried on them, and the use and disposition of proceeds from any insurance policy;
(16) prescribe the events of default and the terms and conditions upon which all or any bonds become or may be declared due before maturity and the terms and conditions upon which the declaration and its consequences may be waived;
(17) impose a statutory lien upon the facilities designated by the trustees, the revenues or net revenues of which must be pledged to secure the bonds. The lien must extend to the facilities, to their appurtenances and extension, to their additions, improvements and enlargements to the extent specified in the resolutions and must inure to the benefit of the holders of the bonds secured by the lien. The facilities remain subject to the statutory lien until the payment in full of the principal and interest of the bonds. A holder of a bond, or any of the coupons representing interest on them, either at law or in equity, by suit, action, mandamus, or other proceedings, may protect and enforce the statutory lien, and by suit, action, mandamus, or other proceedings may enforce and compel performance of all duties of the trustees, including the fixing of sufficient rates, the proper segregation of the revenues, and the proper application of them. However, the statutory lien may not be construed to give the bond or coupon holder authority to compel the sale of any of the facilities or any part of them;
(18) covenant that if there is a default in the payment of the principal of or interest upon any of the bonds, a court having jurisdiction in any proper action may appoint a receiver to administer and operate the facilities designated by the trustees, whose revenues or net revenues are pledged for the payment of the bonds, with power to fix rates and charges for the facilities, sufficient to provide for the payment of the expense of operating and maintaining the facilities, and to apply the income and revenues of the facilities to the payment of the bonds, and the interest on them;
(19) establish on or before the delivery of any bonds issued pursuant to this article a debt service reserve fund and to cause it to be deposited with a corporate trustee, who may be the State Treasurer, and to that end, the trustees are empowered to utilize any monies available for that purpose, including revenues previously accumulated from the facilities before the issuance of bonds. In the discretion of the trustees, in lieu of cash, the debt service reserve fund may be funded with a surety bond, insurance policy, letter of credit, line of credit, or similar guarantee. At the discretion of the trustees, the University may purchase an insurance policy insuring payment of both principal and interest on any issuance of bonds under the provisions of this article;
(20) appoint a corporate trustee, who may be the State Treasurer, or paying agent to whom must be paid all or any portion of the revenues or net revenues pledged to the payment of the bonds or derived from the operation of the facilities, and to prescribe the manner in which these revenues or net revenues must be utilized and disposed of. The corporate trustee shall serve in a fiduciary capacity as trustee for the bondholders under the resolutions of the trustees authorizing the issuance of bonds.
Section 59-117-330. No time limit is set for the issuance of bonds pursuant to this article."/
Renumber sections to conform.
Amend title to conform.
Senator WADDELL explained the amendment.
On motion of Senator WADDELL, the amendments were adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 4338 -- Reps. Waites, Hayes, Keyserling, T. Rogers, Rudnick and Washington: A BILL TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE PROCESSING OF COMPLAINTS BY THE COMMISSION AGAINST PERSONS ALLEGED TO HAVE VIOLATED THE PROVISIONS OF ETHICS LEGISLATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY proposed the following amendment (Doc. No. 3510R), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof:
/SECTION 1. Section 8-13-120 of the 1976 Code is amended to read:
"Section 8-13-120. It shall be is the duty of the State Ethics Commission to:
(a) To prescribe forms for statements required to be filed by this chapter, and to furnish such forms to persons required to file such the statements;
(b) To prepare and publish a manual setting forth recommended uniform methods of reporting for use by persons required to file statements required by this chapter;
(c) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter;
(d) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
(e) To make investigations with respect to statements of complaints filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such statement and, upon complaint by any individual, with respect to alleged violations of any part of this chapter by any public official or public employee except members of the General Assembly. All such complaints by any individual with respect to alleged violations shall be investigated by the State Ethics Commission and a determination made thereon. Provided, however, that no complaint shall be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to any election in which he is a candidate and any complaint filed against such candidate which was received more than fifty days prior to such election shall be disposed of by the commission or by dismissal of such complaint not less than forty days prior to the election. The provisions of the above proviso shall not apply to complaints received concerning candidates who qualify within fifty days of an election. A copy of the complaint must be sent promptly to the person alleged to have committed the violation.
The commission shall determine whether there are facts sufficient to allege a violation. If the commission determines that there are facts sufficient to allege a violation, an investigation must be initiated utilizing the resources of other state agencies as may be requested. If after the preliminary investigation the commission finds that probable cause exists to support an alleged violation, it shall, as appropriate, (1) render an advisory opinion to the respondent and require the respondent's compliance with the opinion in a reasonable time, or (2) convene a formal hearing on the matter after notice of not less than thirty days after making the determination of probable cause or after a notice of not less than thirty days of the respondent's failure to comply with the advisory opinion, whichever comes later. Confidentiality of the existence of a complaint may be waived upon written authorization of the respondent. All commission investigations and records relating to the preliminary investigation are confidential.
If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings must be conducted in executive session.
Upon completion of its investigation and a hearing on it, the commission, where appropriate, shall recommend disciplinary or administrative action or in the case of an alleged criminal violation refer the matter to the Attorney General for appropriate action. The Attorney General may seek injunctive relief or may take other appropriate action. In the case of a public employee, the commission shall file a report with the administrative department executive responsible for the activities of the employee. If the complaint is filed against an administrative department executive, the commission shall refer the case to the governing body, board or commission of the department and notify the Governor. The investigation, commission deliberations, and hearings are confidential. The disposition of all complaints is a matter of public record.
If an alleged violation is found to be groundless by the commission, any files and all records relating to the entire matter shall be stricken from public record must be destroyed. If, in the opinion of the commission, the complaining party was motivated by malice or reason contrary to the spirit of this chapter, in filing the complaint without just cause, the finding shall must be reported to appropriate law enforcement authorities. The wilful filing of a complaint without just cause or with malice shall be punishable as is a misdemeanor. Any A person filing such a complaint under such circumstances shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not no more than two thousand dollars or be imprisoned for not no more than two years, or both.
No A complaint shall may not be accepted which is filed later more than three years after the alleged violation occurred. A complaint filed against a candidate for elective office may not be accepted within ninety days of any election in which the candidate participates. A complaint filed against a candidate more than ninety days before any election must be disposed of at least forty days before an election in which the candidate participates.
(f) The commission shall conduct its investigations in the following manner:
(1) When a complaint is filed with the commission, a copy shall promptly be sent to the person alleged to have committed the violation. If the commission determines the complaint does not allege facts sufficient to constitute a violation, the complaint shall be dismissed and the complainant and respondent notified. If the commission determines the complaint does allege facts sufficient to constitute a violation, it shall promptly investigate the alleged violation utilizing the resources of such other state agencies as may be requested. If after such preliminary investigation the commission finds that probable cause exists to support an alleged violation, it shall, as appropriate (a) render an advisory opinion to the respondent and require the respondent's compliance therewith within a reasonable time, or (b) convene a formal hearing on the matter after a notice of not less than thirty days after making such determination of probable cause or after a notice of not less than thirty days of the respondent's failure to comply with the advisory, whichever comes later. All commission investigations and records relating to the preliminary investigation shall be confidential.
(2) If a hearing is to be held, the respondent shall be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. At the hearing the charged party shall be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits and the right to cross-examine opposing witnesses. All hearings shall be conducted in executive session. Upon completion of its investigation and any hearing thereon, the commission shall, where appropriate, recommend disciplinary or administrative action or in the case of an alleged criminal violation refer the matter to the Attorney General for appropriate action. The Attorney General may seek injunctive relief or may take other appropriate action as necessary. In the case of a public employee, the commission shall file a report to the administrative department executive responsible for the activities of such employee. If the complaint is filed against an administrative department executive, the commission shall refer the case to the Governor. All actions taken by the commission on complaints, except on alleged violations which are found to be groundless by the commission, are a matter of public record.
(g)(f) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; provided, that any. An opinion rendered by the commission, until amended or revoked, shall be is binding on the commission in any subsequent charges concerning the person who requested the opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion;
(h)(g) To promulgate and publish rules and regulations to carry out the provisions of this chapter. Provided, that with respect to complaints and investigations the The rights of due process as expressed in the Rule on Disciplinary Procedure for Attorneys of the Rules of the South Carolina Supreme Court shall must be followed with respect to complaints and investigations."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title and renumber sections to conform.
Senator PASSAILAIGUE proposed the following amendment (Doc. No. 3443R):
Amend the Committee Report, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 8-13-110 of the 1976 Code is amended to read:
"Section 8-13-110. There is hereby created the State Ethics Commission to be composed of six five members, one two of whom shall be appointed from each congressional district by the Governor, upon the advice and consent of the General Assembly, one of whom shall be appointed by the Speaker of the House of Representatives, one of whom shall be appointed by the President Pro Tempore of the Senate, and one member who is not a member of the Judiciary whom shall be appointed by the Chief Justice of the State Supreme Court. No member of the General Assembly or other public official shall be eligible to serve on the State Ethics Commission. Any person who has been a candidate for public office or any person who has been affiliated with a political party officially recognized pursuant to Title 7 of the 1976 Code within four years of the date of appointment shall be ineligible to serve as a member of the commission. The terms of the members shall be for four years, which expires on January fifteenth of the appropriate year. Commissioners first elected must serve and until their successors are appointed and qualify except of those first appointed, those members appointed from the first, third and sixth districts shall be appointed for terms of two years only. No member of the commission, including those first appointed, shall serve more than two consecutive four-year terms on the commission. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. The commission shall elect a chairman, a vice-chairman and such other officers as it deems necessary. Four Three members of the commission shall constitute a quorum. Members of the commission shall, while serving on business of the commission, receive such per diem, mileage and subsistence as is provided by law for members of boards, committees and commissions.
During their term of office, members of the commission are prohibited from engaging in partisan political activity which includes but is not limited to fund raising, consulting or advising, whether for compensation or not, any candidate for public office or anyone working on behalf of or consulting or advising a candidate for public office."/
Amend the committee report further, as and if amended, by adding an appropriately numbered SECTION to read as follows:
/SECTION ___. Notwithstanding the provisions of Section 8-13-110 of the 1976 Code governing the time when a person elected commissioner may perform the duties of his office, members of the State Ethics Commission serving on the effective date of this act shall continue to serve until January 15, 1991, until their successors have been appointed and qualified as provided in this act after which their terms of office end and their successors assume office./
Amend title and renumber sections to conform.
Senator LEATHERMAN objected to further consideration of the Bill.
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.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 1367X) was adopted as follows:
Amend the bill, as and if amended, by striking the first paragraph preceding item (1) of Section 44-107-30, as contained in SECTION 1, page 2, and inserting:
/No person, other than an individual, may receive a grant or be awarded a contract for the procurement of any property or services for a stated value of twenty-five thousand dollars or more from any state agency unless the person has certified to the granting or contracting agency, as appropriate, that he will provide a drug-free workplace by:/
Amend further, in SECTION 1, page 5, by inserting after Section 44-107-90:
/Section 44-107-100. Upon request, the South Carolina Commission on Alcohol and Drug Abuse shall provide technical assistance to any state agency to assist with the implementation of this chapter. Additionally, upon request, the names and addresses of contractors and grantees providing a drug-free workplace pursuant to this chapter must be provided to the commission./
Renumber to conform.
Amend title to conform.
Senator ROSE proposed the following amendment (Doc. No. 3520R), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
The Drug-Free Workplace Act
Section 44-107-10. This chapter may be cited as 'The Drug-Free Workplace Act'.
Section 44-107-20. As used in this chapter:
(1) 'Drug-free workplace' means a site for the performance of work done in connection with a specific grant or contract of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter.
(2) 'Employee' means the employee of a grantee or contractor directly engaged in the performance of work pursuant to the provisions of the grant or contract.
(3) 'Controlled substance' means a controlled substance in Article 3, Chapter 53, of this title.
(4) 'Conviction' means a finding of guilt, including a plea of nolo contendere or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
(5) 'Criminal drug statute' means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance.
(6) 'Grantee' means the department, division, or other unit of a person responsible for the performance under a grant.
(7) 'Contractor' means the department, division, or other unit of a person responsible for the performance under a contract with a state agency.
Section 44-107-30. No person, other than an individual, may receive a grant or be awarded a contract for the procurement of any goods, construction or services for a stated or estimated value of fifty thousand dollars or more from any state agency unless the person has certified to the using agency that it will provide a drug-free workplace by:
(1) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's workplace and specifying the actions that will be taken against employees for violations of the prohibition;
(2) establishing a drug-free awareness program to inform employees about:
(a) the dangers of drug abuse in the workplace;
(b) the person's policy of maintaining a drug-free workplace;
(c) any available drug counseling, rehabilitation, and employee assistance programs; and
(d) the penalties that may be imposed upon employees for drug violations;
(3) making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by item (1);
(4) notifying the employee in the statement required by item (1), that as a condition of employment on the contract or grant, the employee will:
(a) abide by the terms of the statement; and
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction;
(5) notifying the using agency within ten days after receiving notice under item (4)(b) from an employee or otherwise receiving actual notice of the conviction;
(6) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee convicted, as required by Section 44-107-50; and
(7) making a good faith effort to continue to maintain a drug-free workplace through implementation of items (1), (2), (3), (4), (5), and (6).
Section 44-107-40. No state agency may enter into a contract or make a grant with any individual for a stated or estimated value of fifty thousand dollars or more unless the contract or grant includes a certification by the individual that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract.
Section 44-107-50. A grantee or contractor shall, within thirty days after receiving notice from an employee of a conviction pursuant to Article 3, Chapter 53, of this title:
(1) take appropriate personnel action against the employee up to and including termination; or
(2) require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for the purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
Section 44-107-60. Each contract or grant awarded by a state agency is subject to suspension of payments or termination or both, and the contractor or grantee under the contract or grant or the individual who entered the contract with or received the grant from the state agency, as applicable, is subject to suspension or debarment in accordance with Section 11-35-4220 if the appropriate Chief Procurement Officer, as defined in Section 11-35-310(5), determines that:
(1) The contractor or grantee has made a false certification under Sections 44-107-30 or 44-107-40;
(2) The contractor or grantee violates the certification by failing to carry out the requirements of Section 44-107-30(1), (2), (3), (4), (5), and (6);
(3) The contractor or grantee does not take appropriate remedial action against employees convicted on drug offenses as specified in Section 44-107-50; or
(4) The number of employees of the contractor or grantee who have been convicted of violations of criminal drug statues for violations occurring in the workplace reasonably indicates that the contractor or grant recipient has failed to make a good faith effort to provide a drug-free workplace as required by this chapter.
Section 44-107-70. Upon issuance of any final decision under this chapter requiring debarment of a contractor, grantee, or individual, the contractor, grantee, or individual is ineligible for award of any contract or grant by any state agency, for a period specified in the decision, of at least one year but not to exceed five years.
Section 44-107-80. Upon request, the South Carolina Commission on Alcohol and Drug Abuse shall provide technical assistance to any state agency to assist with the implementation of this chapter. Additionally, upon request, the names and addresses of contractors and grantees providing a drug-free workplace pursuant to this chapter must be provided to the commission.
Section 44-107-90. Failure to comply with any provision of this chapter shall not be grounds for any protest under Section 11-35-4210."
SECTION 2. Upon approval by the Governor, Chapter 107 of Title 44 of the 1976 Code, as added by this act, applies to grants made or contracts executed after December 31, 1990./
Amend title and renumber sections to conform.
Senator ROSE explained the amendments.
On motion of Senator WADDELL, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (Doc. No. 1227o) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 9, Title 23 of the 1976 Code is amended by adding:
Section 23-9-510. The State Fire Marshal Appeals Board is created and composed of seven members, six members appointed by the Governor upon the advice and consent of the Senate and one member of the State Fire Commission appointed by its chairman. The six members appointed by the Governor must include one registered architect, one general contractor, one certified building inspector, one consumer, one registered electrical engineer, and one owner of a business licensed to do business with the general public. Not more than one type of profession or occupation may be represented on the board.
The terms of the members are four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointments for the unexpired portion of the term only. The Governor shall appoint the chairman. At the first meeting in each year the appeals board shall elect a vice-chairman and other officers the appeals board considers necessary and adopt appropriate rules of procedure.
Section 23-9-520. (A) The members of the State Fire Marshal Appeals Board shall receive mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions for attendance at board meetings or when engaged in business of the appeals board, payable from appropriations made from the general fund of the State upon the issuance of vouchers signed by the chairman of the appeals board.
(B) The appeals board shall meet within sixty days after notice of appeal has been received or at other times upon call of the chairman. Four members constitute a quorum for the conduct of business.
(C) The Division of State Fire Marshal of the State Budget and Control Board shall provide administrative support and other assistance as may be necessary to carry out the purposes of this article.
Section 23-9-530. (A) The State Fire Marshal Appeals Board may hear appeals from a municipality, county, or state agency or an owner or occupant of premises directly affected or aggrieved by a decision of the State Fire Marshal issued in accordance with Section 23-9-150 or any decision of the fire marshal issued enforcing or interpreting regulations promulgated by the fire commission. Notice of appeal must be in writing, must contain the specific grounds of appeal, and must be served by mail or otherwise on the fire marshal within thirty days after the decision appealed from is rendered.
(B) The hearing before the appeals board and the final decision or order of the appeals board must be in compliance with Chapter 23 of Title 1.
(C) The appeals board upon hearing the appeal may modify or reverse any decision rendered by the fire marshal in a case when, in the appeals board's opinion, the decision is unjust and is contrary to the purpose of the regulations promulgated by the fire commission or is contrary to the public interest.
(D) All appeals from a decision of the appeals board must be in accordance with Chapter 23 of Title 1.
(E) Before a hearing is scheduled before the appeals board, the fire marshal or his designee shall contact the appellant to review and resolve the appeal informally, if possible, in a manner consistent with applicable regulations or law governing fire and life safety codes. This review must be scheduled within thirty days of the notice of appeal.
If a review is not resolved by mutual agreement, the fire marshal or his designee promptly shall issue a review decision within ten days stating the reason for the action taken. If the appellant does not accept the review decision by the fire marshal, he shall request a hearing before the appeals board within twenty days of receipt of the review decision or the review decision is final and conclusive.
(F) The fire marshal or his designee may resolve code violations as specified in the 1988 Southern Standard Building Code and as outlined in Section 102.6, Alternate Material and Methods, and Section 101.5, Existing Conditions. Attempts to resolve appeals must include code and section interpretations from the Southern Building Code Congress or the National Fire Protection Associations, or both of them, as appropriate, of the individual case for evidence. Independent, competent cost analysis must be supplied by the appellant in a signed statement that details the equipment, materials, and labor necessary to achieve compliance with stated violations."
SECTION 2. Section 23-9-150 of the 1976 Code is amended to read:
"Section 23-9-150. All buildings or structures referred to in Section 23-9-40, except single-family dwellings, duplexes, or one-story rooming houses, which are unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally in contemplation of this section, unsafe buildings. The use and occupancy of all such unsafe buildings is hereby declared illegal, and such the unsafe conditions shall must be corrected by repair, rehabilitation, or demolition in accordance with the following procedure:
(1) Whenever the State Fire Marshal shall find any finds a building, or structure, or portion thereof of a building or structure to be unsafe, as defined in this section, he shall give the owner, agent, or person in control of such the building or structure written notice, stating the defects found to exist. The notice shall must require the owner within a reasonable time as determined by the Marshal fire marshal to either complete specified repairs or improvements, or to demolish and remove the building, or structure, or unsafe portion thereof of the building or structure.
If necessary, such the notice shall also must require the building, structure, or portion thereof of the building or structure to be vacated forthwith immediately and not reoccupied until the specified repairs and improvements are completed, inspected, and approved by the State Fire Marshal fire marshal.
(2) The Marshal fire marshal shall cause to be posted at each entrance to such the building a notice as follows: 'THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE STATE FIRE MARSHAL.' Such The notice shall must remain posted until the required repairs are made or demolition is completed. It shall be is unlawful for any a person, firm, or corporation, or its agents, to remove such the notice without written permission of the State Fire Marshal fire marshal, or for any a person to enter the building except for the purpose of making the required repairs or demolishing such the building.
(3) The owner, agent, or person in control of any a building subject to repair shall have the right, except in cases of emergency, to may appeal, within thirty days, from the decision of the State fire marshal to any court of competent jurisdiction, stating in the notice of appeal the grounds therefor, and the court shall affirm, modify or revoke the decision of the Fire Marshal within thirty days of receipt of the notice of appeal as provided in Section 23-9-530. Emergency decisions of the fire marshal are not stayed pending appeal to the appeals board.
(4) If the owner, agent, or person in control of a property cannot be found within the stated time limit or, if such the owner, agent, or person in control shall, after notice fail, neglect or refuse, fails, neglects, or refuses to comply with notice to repair, rehabilitate, demolish, or remove the building or, structure, or portion thereof of the building or structure, the State Fire Marshal fire marshal shall cause such the building, structure, or portion thereof of the building or structure to be vacated and secured."
SECTION 3. The members of the State Fire Marshal Appeals Board must be appointed within ninety days after this act's effective date, and their terms are as follows:
(1) registered architect, certified building inspector, and consumer: one year;
(2) member of the South Carolina State Fire Commission and general contractor: two years;
(3) registered electrical engineer and owner of a business licensed to do business with the general public: three years.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator WADDELL explained the amendment.
On motion of Senator WADDELL, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 630 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
Senator ROSE asked unanimous consent to make a motion that the Bill be taken up for immediate consideration.
Senator MULLINAX objected.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 431 -- Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "AVERAGE WEEKLY WAGES" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND REDEFINE THE TERM.
Senator STILWELL asked unanimous consent to make a motion that the Bill be given a third reading on Friday, April 20, 1990.
Senator ROSE objected.
S. 1380 -- Senator Bryan: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING SO AS TO PROVIDE FOR THE CREATION OF A REBUTTABLE INFERENCE THAT A DRIVER INTENDED TO VIOLATE THE PROVISIONS OF THIS SECTION WHEN THE VIOLATION OCCURRED IN A MOTOR VEHICLE OR A BOAT.
On motion of Senator POPE, with unanimous consent, S. 1380 was ordered to receive a third reading on Friday, April 20, 1990.
S. 1251 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
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. 1160o) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subarticle 9, Article 11, Chapter 7, Title 20 of the 1976 Code is amended to read:
Section 20-7-1900. The purpose of this subarticle is to supplement the South Carolina adoption law by making possible through public supplemental benefits the most appropriate adoption of each child certified by the Department of Social Services as requiring a supplemental benefit to assure adoption.
Section 20-7-1910. This subarticle shall be known and may be cited as the 'South Carolina Adoption Supplemental Benefits Act'.
Section 20-7-1920. As used in this article, "child" means a minor as defined by South Carolina law who is:
(A) a dependent of a public or voluntary licensed child-placing agency,
(B) legally free for adoption, and
(C) in special circumstances whether:
(1) because he has established significant emotional ties with prospective adoptive parents while in their care as a foster child, and it is deemed in the best interest of the child by the agency to be adopted by the foster parents, or
(2) because he is not likely to be adopted because of one or more of the following handicaps:
(a) Physical or mental disability.
(b) Emotional disturbance.
(c) Recognized high risk of physical or mental disease.
(d) Age.
(e) Sibling relationship.
(f) Racial or ethnic factors.
(g) Any combination of these handicaps.
(1) 'Child' means an individual up to twenty-one years of age;
(2) 'Supplemental benefits' means payments made by the State Department of Social Services to provide services, including medical subsidies for payment for treatment pursuant to Section 20-7-1955, for children who without these services may not have been adopted;
(3) 'Department' means the Department of Social Services.
Section 20-7-1925. In order for a child to be eligible for supplemental benefits the department shall determine that the child legally is free for adoption, the child has been placed for adoption by the department, and one of the following provisions applies to the child:
(1) is a special needs child pursuant to Section 20-7-1650(j);
(2) is at high risk of developing a physical, mental, or emotional disability;
(3) is one for whom other factors, as determined by the department, interfere with the child's ability to be placed for adoption;
(4) has established significant emotional ties with prospective adoptive parents while in their care as a foster child, and it is considered by the agency to be in the best interest of the child to be adopted by the foster parents.
Section 20-7-1930. The department of Social Services shall establish and administer an ongoing program of supplemental benefits for adoption. Supplemental benefits and services for children under this program must be provided out of funds appropriated to the department of Social Services for the maintenance of children in foster care or made available to them from other sources these purposes.
Section 20-7-1940. Any A child meeting criteria specified in Section 20-7-1920 20-7-1925 for whom the department of Social Services believes supplemental benefits are necessary to improve opportunities for adoption is eligible for the program. The agency shall document that reasonable efforts have been made to place the child in adoption without supplemental benefits through the use of adoption resource exchanges, recruitment, and referral to appropriate specialized adoption agencies.
Section 20-7-1945. The Department of Social Services is directed to conduct a study of the adequacy of medical, shelter, and support services for birth parents and determine what improvements are needed.
Section 20-7-1950. (A) When parents are found and approved for adoption of the department determines that a child certified as is eligible for supplemental benefits, and before the final decree of adoption is issued, there must be executed a written agreement must be executed between the family parents entering the adoption and the department of Social Services.
(B) In individual cases supplemental benefits may commence begin with the adoptive placement or at the appropriate time after the adoption decree and will vary with the needs of the child as well as the availability of other resources to meet the child's needs.
(C) The supplemental benefits may be for special services only, or for money payments, and either for a limited period, for a long term, or for any a combination of the foregoing them. The amount of time-limited, long-term supplemental benefits may in no case not exceed that which currently would be currently allowable for the child under foster family care or, in the case of a special service, the reasonable fee for the service rendered.
(D) When supplemental benefits last for more than one year the adoptive parents shall present an annual written certification certify that the child remains under the parents' care and that the child's need for supplemental benefits continues. Based on the written certification and investigation by the agency and available funds, the agency may approve continued supplemental benefits. These benefits must may be extended so long as the continuing need of the child is certified verified and the child is the legal dependent of the adoptive parents.
(E) A child who is a resident of South Carolina when eligibility for supplemental benefits is certified as eligible for supplemental benefits shall remain remains eligible and shall receive supplemental benefits, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or thereafter after adoption.
All records regarding the adoption are confidential and may be disclosed only in accordance with existing state law.
Section 20-7-1955. Only certain children who have been certified as eligible for supplemental benefits may receive payments for medical, rehabilitative, or other treatment services under their supplemental benefits certification. To receive these payments, a child shall fall into one of the following categories:
(1) receiving payments for medical, rehabilitative, or other treatment services immediately before adoption for a physical, mental, or emotional condition;
(2) identified before adoption as being at a high risk for developing a physical, mental, or emotional condition in the future; or
(3) with a physical, mental, or emotional condition diagnosed after adoption if the condition existed before adoption but was not recognized or if substantial risk factors for the condition existed before adoption but were not recognized.
Section 20-7-1958. At the time of placement for adoption, the department shall inform in writing the prospective adoptive parents of the:
(1) availability of supplemental benefits;
(2) conditions for which the supplemental benefits are available;
(3) procedure for application for supplemental benefits.
Section 20-7-1960. Any A decision concerning supplemental benefits by the department of Social Services which the placement agency or the adoptive parents consider adverse to the child is reviewable according to the provisions of the agency's administrative procedure department regulations.
Section 20-7-1965. Supplemental benefits may not end solely because the death or disability of the adoptive parents requires placement of the adopted child with another caregiver. The caregiver of the adopted child has the rights and duties imposed on the adoptive parents in this subarticle.
Section 20-7-1970. The department of Social Services shall promulgate regulations to carry out the provisions of this subarticle. The regulations must provide for improvement of data and statistical information collection on placement of children in adoption, increased outreach to birth parents, increased recruitment of adoptive parents for minority and special needs children, incentives to encourage the adoption of minority and special needs children, and increased efforts to encourage foster parent adoption."
SECTION 2. Section 43-7-40 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
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.
H. 4392 -- Rep. Wilder: A BILL TO AUTHORIZE BLACKVILLE SCHOOL DISTRICT 19 OF BARNWELL COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MATTHEWS proposed the following amendment (Doc. No. 1557X), which was adopted:
Amend the bill, as and if amended, in SECTION 1, page 1, line 19, by inserting before /Blackville/ /(A)/ and by inserting after line 32:
/(B) The district may not deny a student the right to attend school or be promoted because of failure to pay the fees authorized under the provisions of this act.
(C) The board of trustees shall establish a procedure or guidelines for the waiver of the fees authorized by this act for those students who cannot afford to pay them./
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 MATTHEWS, H. 4392 was ordered to receive a third reading on Friday, April 20, 1990.
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.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 1785J) was adopted as follows:
Amend the resolution, as and if amended, page 1, by striking all after the resolving words and inserting therein the following:
/That there is created a committee to study the indigent defense system in this State and ways to make it more efficient and effective, in terms of costs, staffing, and delivery of services.
The committee shall consist of fourteen members. Three members must be appointed by the Chairman of the Judiciary Committee of the House of Representatives from the membership of the House, three members must be appointed by the Chairman of the Senate Judiciary Committee from the membership of the Senate, and three members must be appointed by the Governor. Two of the Governor's appointees must be attorneys licensed to practice law in this State, and the third must not be a lawyer, judge, or member of the General Assembly. Three members must be public defenders appointed by the South Carolina Public Defenders Association and one member must be the Chief Attorney of the Office of Appellate Defense or his designee. In addition to the members described above, the President of the South Carolina Bar Association or his designee shall serve as an ex officio member. The members shall meet as soon as practicable after appointment for the purpose of organizing and shall elect from among its membership a chairman and other officers it considers necessary. The members shall meet upon the call of the chairman or a majority of the membership. The members appointed by the Governor and the chairmen of the House and Senate Judiciary Committees shall receive the usual mileage, subsistence, and per diem paid to members of state boards, commissions, and committees. The mileage, subsistence, and per diem paid to House and Senate members must be paid out of their respective approved accounts and the mileage, subsistence, and per diem paid to the Governor's appointees must be paid out of the accounts of the Governor's office.
The staffs of the Judiciary Committees of both houses shall provide assistance to the committee as necessary in the performance of its duties. The committee shall make its report to the General Assembly at the beginning of the 1992 session at which time the committee is dissolved./
Amend title to conform.
Senator NELL W. SMITH proposed the following amendment (Doc. No. 1562X), which was carried over:
Amend the resolution, as and if amended, page 4068-1, by striking the sentence beginning on line 37 and inserting: /One of the Governor's appointees must be an attorney licensed to practice law in this State, one shall represent county government upon the recommendation of the South Carolina Association of Counties, and one must not be a lawyer, judge, or member of the General Assembly./
Amend title to conform.
On motion of Senator POPE, the Concurrent Resolution was carried over.
H. 4890 -- Reps. J. Rogers, McEachin, Gentry and D. Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 11, 1990, AT 12:30 P.M., AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE ERNEST A. FINNEY, JR., ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1990, A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JONATHAN Z. MCKOWN, RESIDENT CIRCUIT JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, WHO IS RETIRING EFFECTIVE MAY 7, 1990; AND SUCCESSORS TO THE HONORABLE JAMES A. SPRUILL, JR., FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERMS EXPIRE JUNE 30, 1990.
The effective date of the Concurrent Resolution having expired, the Resolution was removed from the Calendar.
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Senator WILLIAMS asked unanimous consent to make a motion that the Bill be taken up for immediate consideration.
Senator LEVENTIS objected.
H. 4791 -- Rep. Haskins: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER, HOUSE CHAMBER, AND THE BLATT AND GRESSETTE BUILDINGS NOVEMBER 8 THROUGH NOVEMBER 11, 1990, FOR ITS ANNUAL MEETING.
On motion of Senator MACAULAY, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4826 -- Reps. Waites, McBride, Faber, T. Rogers, J. Brown, Quinn, Harrison, Taylor, M.D. Burriss, Corning and T.M. Burriss: A CONCURRENT RESOLUTION RECOGNIZING THE LEAGUE OF WOMEN VOTERS OF THE COLUMBIA AREA FOR SPONSORING ON APRIL 21, 1990, A HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY AND THEREBY ENCOURAGING THE CITIZENS OF THE MIDLANDS REGION TO VOLUNTARILY DISPOSE SAFELY OF LEFTOVER AMOUNTS OF HOUSEHOLD SUBSTANCES WHICH IF NOT DISPOSED OF PROPERLY CAN BE HAZARDOUS TO HUMAN HEALTH OR TO THE NATURAL ENVIRONMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1219 -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE COMMITTEE HEARING ROOM(S) IN THE GRESSETTE BUILDING ON THURSDAY, NOVEMBER 29, 1990 AND FRIDAY, NOVEMBER 30, 1990 TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate Resolution was adopted.
The following Bills were carried over:
S. 1530 -- Judiciary Committee: A BILL TO ENACT "THE OMNIBUS DRUG OFFENSES ACT OF 1990" SO AS TO AMEND SECTION 44-53-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "ICE" OR "CRANK"; TO AMEND SECTION 44-53-370(a), RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE DELIVERY, PURCHASE, OR ATTEMPTED MANUFACTURE, DISTRIBUTION, DISPENSING, DELIVERY, OR PURCHASE AS PROHIBITED ACTS; TO AMEND ITEM (e) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE THE CULTIVATION OR PURCHASE AND ATTEMPTED POSSESSION AS PROHIBITED ACTS; TO AMEND SUBITEM (e)(1) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF ONE HUNDRED TO ONE THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWENTY-FIVE THOUSAND DOLLARS, THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF MORE THAN ONE THOUSAND MARIJUANA PLANTS, BUT LESS THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF FIFTY THOUSAND DOLLARS, AND THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF TEN THOUSAND MARIJUANA PLANTS OR MORE THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A TERM OF IMPRISONMENT OF TWENTY-FIVE TO THIRTY YEARS WITH A MANDATORY MINIMUM TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWO HUNDRED THOUSAND DOLLARS; TO AMEND SECTION 44-53-375, RELATING TO PENALTIES FOR POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE, SO AS TO INCLUDE REFERENCES TO "ICE" AND "CRANK", TO PROHIBIT ATTEMPTED POSSESSION OF THESE SUBSTANCES, AND TO ADD A NEW OFFENSE KNOWN AS "TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE"; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-392 SO AS TO PROVIDE THAT THE TOTAL WEIGHT OF THE SUBSTANCE IN ITS PURE FORM OR AS A MIXTURE IS THE APPROPRIATE WEIGHT TO BE CONSIDERED FOR PURPOSES OF THIS ARTICLE; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A RADIUS OF ONE-HALF MILE OF A SCHOOL, SO AS TO EXPAND THE TERRITORIAL AREA IN WHICH A VIOLATION IS POSSIBLE; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND ITEM (6) OF SECTION 44-53-520(a), AS AMENDED, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES AND THEIR COMPOUNDS, SO AS TO ALLOW FOR THE FORFEITURE OF SUCH CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) OR SECTION 44-53-370(e); TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND CHAPTER 1, TITLE 56, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-745 SO AS TO REQUIRE THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE UPON A CONTROLLED SUBSTANCE CONVICTION UNDER CHAPTER 53 OF TITLE 44 AND TO PERMIT ISSUANCE OF A RESTRICTED TO AND FROM WORK LICENSE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN DRUG-RELATED OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
(On motion of Senator McLEOD)
S. 1531 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
(On motion of Senator THOMAS)
On motion of Senator WADDELL, with unanimous consent, the members of the Senate Finance Committee were authorized to meet while the Senate is in session, provided, that the members of the Senate Finance Committee would be contacted and given an opportunity to be present for any quorum calls or roll call votes.
On motion of Senate WILLIAMS, 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 24, 1990, at 12:00 Noon.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MOORE spoke on the Bill.
Senator POPE asked unanimous consent, with Senator MOORE retaining the floor, to make a motion that the Bill be given second reading with notice of general amendments on third reading, carrying over all amendments to third reading.
Senator McCONNELL objected.
Senator MOORE continued speaking on the Bill.
Senator LEVENTIS raised a Point of Order that under Rule 27E that the Bill did not contain a fiscal impact statement.
Senator MOORE continued speaking on the Bill.
Senator LEVENTIS argued contra to the Bill and Senator MOORE argued in favor of the Bill.
On motion of Senator WILLIAMS, with unanimous consent for Senator MOORE to retain the floor, the Senate stood adjourned.
Debate was interrupted by adjournment, Senator MOORE retaining the floor.
On motion of Senator WILSON, with unanimous consent, the Senate adjourned out of respect to the memory of Lewis H. Shuler, former member of the House of Representatives, from Irmo, S.C.
At 1:42 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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