Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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:

Day of lift-off of Charles Bolden's DISCOVERY.

Beloved, hear the words recorded by the prophet Isaiah (43:1-2):

"But now this is what the Lord says...

He who created you, O Jacob,

He who formed you, O Israel:

Fear not, for I have redeemed you;...

I will be with you;

And when you pass through the rivers,

They will not sweep over you."
Let us pray.

Eternal Father, we remember that in the olden days danger and insecurity were phrased in terms of over-flowing waters and the "swelling of Jordan".

In our modern days things like space travel and sophisticated chemistry and physics bring us a sense of danger and insecurity. We thank You for the same promises as of old.

We thank You for Your presence with Robert Polhill in his three years captivity without seeing the sun... and for delivery!

We pray that You will ride with our fellow South Carolinian Charles Bolden and his crew. Give them success in their mission and a safe return... because we believe the words,

"I will be with you;

And when you pass through the rivers,

They will not sweep over you."

Amen.

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

April 19, 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:

13th Judicial Circuit:

Mr. Noel Barton Tuck, Jr., 4 Brookside Way, Greenville, S.C. 29605 VICE Mr. Garnet Barnes

Referred to the Committee on Labor, Commerce and Industry.

Columbia, S.C., April 24, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4392 -- Rep. Wilder: A BILL TO AUTHORIZE BLACKVILLE SCHOOL DISTRICT 19 OF BARNWELL COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 24, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Gregory, Altman and Clyborne of the Committee of Conference on the part of the House on:
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

Received as information.

Senator STILWELL introduced Dr. Donald Gregg of Greenville, Doctor of the Day.

S. 1108 -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR TAXABLE YEAR 1989 IS EXTENDED UNTIL JULY 1, 1990.

The House returned the Joint Resolution with amendments.

Senator WADDELL explained the amendments.

On motion of Senator HAYES, 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. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.

The House returned the Bill with amendments.

On motion of Senator McLEOD, 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. 1202 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 102 SO AS TO PROVIDE FOR THE REGULATION OF AGENT CONTRACTS AND OTHER ACTIVITIES AND RELATIONS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES, TO PROVIDE FOR THE REGISTRATION OF ATHLETE AGENTS, TO REQUIRE STUDENT ATHLETES TO PROVIDE WRITTEN NOTIFICATION TO CERTAIN PERSONS UPON ENTERING INTO A CONTRACT WITH AN ATHLETE AGENT, TO REQUIRE AGENT CONTRACTS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES TO CONTAIN CERTAIN WARNING PROVISIONS, TO PROVIDE THAT FAILURE TO INCLUDE THE WARNING PROVISION RENDERS THE CONTRACT VOID, TO AUTHORIZE CIVIL DAMAGES FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 16-1-10, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE OFFENSES IN CHAPTER 102 ABOVE WHICH ARE FELONIES TO THIS LIST.

The House returned the Bill with amendments.

On motion of Senator SETZLER, 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. 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.

Returned with concurrence.

Received as information.

The following were introduced:

S. 1553 -- Senators Fielding, Passailaigue, Martschink, McConnell and McLeod: A CONCURRENT RESOLUTION THANKING MR. WILLIAM E. CRAVER OF CHARLESTON COUNTY FOR HIS DEDICATED SERVICE AS A MEMBER OF THE CHARLESTON COUNTY AVIATION AUTHORITY.

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

S. 1554 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE UNITED STATES DEPARTMENT OF ENERGY IN PLACING AND MAINTAINING TRAFFIC CONTROL DEVICES ON LAND IN AIKEN, ALLENDALE, AND BARNWELL COUNTIES ACQUIRED FOR THE USE OF THE DEPARTMENT OF ENERGY, BY ADDING SECTION 56-5-935 TO AUTHORIZE THE PLACEMENT OF TRAFFIC CONTROL DEVICES AND STOP SIGNS; TO AMEND SECTIONS 23-7-40 AND 23-7-50, RELATING TO THE JURISDICTION, POWERS, AND DUTIES OF SPECIAL STATE CONSTABLES, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE A FELONY IF THE CONSTABLE REASONABLY BELIEVES THAT THE PERSON HAS COMMITTED THE FELONY AND FOR THE POWERS TO INCLUDE THOSE PRESCRIBED FOR DEPUTY SHERIFFS; AND TO AMEND SECTION 56-5-40, RELATING TO THE APPLICATION OF TRAFFIC REGULATION PROVISIONS TO THE LAND IN THE THREE COUNTIES ACQUIRED FOR THE USE OF THE DEPARTMENT OF ENERGY SO AS TO FURTHER PROVIDE FOR THE APPLICATION OF TITLE 56, CHAPTER 5.

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

S. 1555 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1242, 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. 1556 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ENDANGERED SPECIES LIST, DESIGNATED AS REGULATION DOCUMENT NUMBER 1256, 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. 1557 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO BIRDS, FISH, REPTILES, AND MAMMALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1255, 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. 1558 -- Senators Waddell and Williams: A CONCURRENT RESOLUTION EXTENDING HEARTIEST CONGRATULATIONS TO THE BEAUFORT MARINE CORPS AIR STATION UPON BEING NAMED THE NATION'S TOP UNITED STATES MARINE CORPS INSTALLATION.

Senator WADDELL spoke on the Concurrent Resolution.

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

S. 1559 -- Senators Wilson, Pope, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Williams: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE EUGENE C. GRIFFITH OF NEWBERRY IN NEWBERRY COUNTY.

Senator POPE spoke on the Senate Resolution.

On motion of Senator POPE, with unanimous consent, the Senate Resolution was adopted.

S. 1560 -- Senator Holland: A BILL TO AMEND SECTION 37-2-202, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES ADDITIONAL TO THE CREDIT SERVICE CHARGE THAT A CREDITOR MAY CONTRACT FOR, SO AS TO PROVIDE THAT CHARGES MAY INCLUDE CHARGES FOR ACCIDENT AND HEALTH INSURANCE RATHER THAN ACCIDENT OR HEALTH INSURANCE, AND TO PROVIDE THAT A CHARGE MAY BE MADE FOR UNEMPLOYMENT INSURANCE COVERAGE.

Read the first time and on motion of Senator HOLLAND, with unanimous consent, was ordered placed on the Calendar without reference.

Senator HOLLAND spoke on the Bill.

On motion of Senator GIESE, with unanimous consent, S. 1560 was ordered to receive a second reading with notice of general amendments on Wednesday, April 25, 1990.

S. 1561 -- Senators Martschink, McConnell, Fielding, Passailaigue, Bryan, Courson, Drummond, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, 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 EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HARRY ROBERT HALLMAN, THE SON OF OUR COLLEAGUE AND GOOD FRIEND, REPRESENTATIVE HARRY M. HALLMAN, JR., AND EXTENDING SYMPATHY TO REPRESENTATIVE AND MRS. HALLMAN AND ALL THE OTHER MEMBERS OF THE HALLMAN FAMILY.

On motion of Senator MARTSCHINK, the Concurrent Resolution was adopted and ordered sent to the House.

H. 5046 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. MACKEY SCOTT OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 5048 -- Reps. Koon, Derrick, Sharpe and Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE THE BOARD OF TRUSTEES OF LEXINGTON SCHOOL DISTRICT 1, THE SUPERINTENDENT OF THE DISTRICT, THE SCHOOL PRINCIPAL, AND THE STUDENTS, TEACHERS, STAFF, AND FRIENDS OF THE NEW WHITE KNOLL ELEMENTARY SCHOOL UPON ITS DEDICATION ON APRIL 1, 1990.

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

H. 5049 -- Aiken Delegation: A CONCURRENT RESOLUTION CONGRATULATING MISS OLA HITT OF AIKEN ON BEING HONORED AS A RECIPIENT OF THE ORDER OF THE PALMETTO.

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

H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.

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

H. 4728 -- Rep. Kirsh: A BILL TO AMEND ACT 148 OF 1989, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, SO AS TO DECREASE THE PER DIEM FINE FROM FIVE DOLLARS TO ONE DOLLAR AND THE TOTAL FINE FROM A MAXIMUM OF TWO HUNDRED TO THIRTY DOLLARS FOR A FIRST OFFENSE FOR A LAPSE IN AUTOMOBILE LIABILITY INSURANCE COVERAGE, AND PROVIDE THAT THIS FINE BE REMITTED TO THE REINSURANCE FACILITY INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND MUST BE INCLUDED IN THE DETERMINATION OF THE RECOUPMENT FEE.

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

H. 4781 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.

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

H. 4872 -- Reps. Kirsh, McLellan, McCain and Winstead: 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.

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

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

S. 1077 -- Senators Rose and Wilson: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TREATMENT OF JUVENILE OFFENDERS, SO AS TO PROVIDE THAT NO CHILD MAY BE HELD IN AN ADULT FACILITY FOR MORE THAN SIX HOURS AND TO REDUCE FROM FORTY-EIGHT TO TWENTY-FOUR HOURS THE TIME DURING WHICH A DETENTION HEARING MUST BE HELD IF A CHILD IS NOT RELEASED.

Ordered for consideration tomorrow.

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

S. 1446 -- Senators O'Dell, Mullinax, Hayes, Saleeby, McLeod, Giese and Rose: A BILL TO AMEND SECTION 28-2-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND ABANDONMENT OF CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT A CONDEMNOR MAY NOT ABANDON THE ACTION AFTER TAKING POSSESSION IF MATERIAL ALTERATIONS HAVE BEEN MADE IN THE PROPERTY, EXCEPT WITH THE LANDOWNER'S CONSENT; AND TO AMEND SECTION 28-2-510, RELATING TO THE AWARD OF COSTS AND LITIGATION EXPENSES IN CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT IF THE CONDEMNOR ABANDONS OR WITHDRAWS THE ACTION, THE CONDEMNEE IS ENTITLED TO REASONABLE ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS AS DETERMINED BY THE COURT.

Ordered for consideration tomorrow.

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

S. 1410 -- Senator Long: A BILL TO AMEND SECTION 22-8-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSIGNMENT OF MAGISTRATES BY COUNTY GOVERNING BOARDS, SO AS TO DEFINE CRITERIA FOR THEIR CLASSIFICATION AND ASSIGNMENT; TO AMEND SECTION 22-8-30, RELATING TO FACILITIES AND PERSONNEL IN MAGISTRATES' COURTS, SO AS TO REQUIRE COUNTY GOVERNING BOARD ADHERENCE TO CLASSIFICATION AND ASSIGNMENT CRITERIA; TO AMEND SECTION 22-8-40, RELATING TO DESIGNATION AND COMPENSATION OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BOARD ADHERENCE TO CLASSIFICATION AND ASSIGNMENT CRITERIA; AND TO AMEND SECTION 28-8-50, RELATING TO MAGISTRATES' GRIEVANCES AGAINST RULINGS OR ACTIONS TAKEN BY A COUNTY GOVERNING BOARD, SO AS TO INCLUDE GRIEVANCES CONCERNING A COUNTY GOVERNING BOARD'S NON-ADHERENCE TO CLASSIFICATION AND ASSIGNMENT CRITERIA; AND TO FURTHER PROVIDE FOR CERTAIN JUDICIAL OFFICERS OR COUNTY RESIDENTS TO PETITION A COUNTY GOVERNING BODY FOR REDRESS OF THE COUNTY GOVERNING BOARD'S NON-ADHERENCE TO CLASSIFICATION OR ASSIGNMENT CRITERIA.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable with amendments report on:

S. 1482 -- Senators Gilbert, Hinds, Shealy, McConnell, Moore and Stilwell: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PARDONS, SO AS TO PROVIDE THAT THE GRANTING OF A PARDON OPERATES AS AN ORDER OF EXPUNGEMENT OF ALL OFFICIAL RECORDS RELATING TO THE CONVICTION FOR WHICH THE PARDON IS GRANTED AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL INSURE THAT THE EXPUNGEMENT IS IMPLEMENTED.

Ordered for consideration tomorrow.

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

S. 1511 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY PROTECTIVE CUSTODY OF A CHILD, SO AS TO REVISE THE DESIGNATION OF THE PROVISIONS OF THE SECTION AND TO PROVIDE FOR CUSTODY WHEN THE CHILD'S PARENT OR PARENTS HAVE BEEN ARRESTED.

Ordered for consideration tomorrow.

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

H. 4263 -- Reps. Wilkins and Nettles: A BILL TO REPEAL SECTION 14-7-1595, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF CERTAIN COUNTY GRAND JURY MATTERS.

Ordered for consideration tomorrow.

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

H. 4267 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1825, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF ADULT PERSONS, SO AS TO PROVIDE THAT THE PETITION FOR ADOPTION MUST BE FILED WITH THE FAMILY COURT, RATHER THAN THE COURT OF COMMON PLEAS OR "COURT HAVING CONCURRENT JURISDICTION"; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO GRANT THE COURT EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS FOR, AND RELATED TO, THE ADOPTION OF ADULTS.

Ordered for consideration tomorrow.

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

H. 4403 -- Rep. Smith: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO CHANGE THE AGE LIMIT FOR "MISSING CHILD" AND "MISSING PERSON" FROM EIGHTEEN TO SEVENTEEN YEARS.

Ordered for consideration tomorrow.

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

H. 4553 -- Reps. Rudnick and Smith: A BILL TO AMEND SECTION 2-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO PROVIDE THAT COPIES OF ACTS MUST BE PROVIDED TO COUNTY ATTORNEYS.

Ordered for consideration tomorrow.

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

H. 4831 -- Reps. Wilkins, Baxley, Harwell, Hodges, Huff and Hayes: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF CRIME VICTIM AWARDS, SO AS TO AUTHORIZE THE PAYMENT FOR MENTAL HEALTH COUNSELING SESSIONS FOR THE NUMBER OF SESSIONS WITHIN THE NINETY-DAY-PERIOD OR FIFTEEN SESSIONS, WHICHEVER IS GREATER.

Ordered for consideration tomorrow.

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

H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

H. 4965 -- Reps. Carnell, McAbee, McLellan, Blanding and Boan: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE OFFICE OF THE ADJUTANT GENERAL AUTHORIZATIONS FOR CAPITAL IMPROVEMENT BONDS FOR THE 251ST EVACUATION HOSPITAL ARMORY AND THE 51ST AVIATION GROUP ARMORY PROJECT.

On motion of Senator WADDELL, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.

Senator WADDELL spoke on the Resolution.

On motion of Senator WADDELL, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

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

An invitation from S.C. Department of Parks, Recreation and Tourism to attend a reception at the Radisson Hotel on Wednesday, April 25, 1990, beginning at 8:00 P.M.

On motion of Senator MOORE, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to the Eau Claire Basketball Team on April 25, 1990, at 11:45 A.M.

On motion of Senator McCONNELL, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to Dr. Jerry Hunter, President of Baptist College, and other visitors from Baptist College in celebration of "Baptist College Week".

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

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.

Senator ROSE explained the Bill.

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.

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.

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.

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.

H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.

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

Senator BRYAN proposed the following amendment (Doc. No. 1625X), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1.   The 1976 Code is amended by adding:

"Section 40-57-270. (A) The fact or suspicion that a property may be or is psychologically impacted, as a result of facts or suspicions that the death of an occupant of the real property has occurred or may have occurred upon the real property, or the manner of death where death has occurred, or that an occupant was inflicted with or died from Human Immuno-deficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place is not a material fact that must be disclosed in a real estate transaction.

(B)   No cause of action may arise against an owner of real estate or his agent for the failure to disclose to the transferee that the transferred property was psychologically impacted as described in subsection (A) of this section.

(C)   This section does not relieve an owner or agent of an obligation to disclose the physical condition of the premises.

(D)   Nothing in this section immunizes an owner or his agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning psychological impacts or stigmas associated with real property."

SECTION 2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with 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 take the Bill up for immediate consideration.

Senator ROSE explained the Bill.

Senator McCONNELL objected to further consideration of the Bill.

H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.

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

The question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator HOLLAND, the amendment was laid on the table.

Senator HOLLAND proposed the following amendment (Doc. No. 3394J), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 7-15-320 of the 1976 Code, as last amended by Act 193 of 1989, is further amended to read:

"Section 7-15-320(A). A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person except that physically disabled persons, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board may vote by absentee ballot whether or not absent from their county of residence:

(1)   students, their spouses, and dependents residing with them;

(2)   members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3)   persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4) persons in employment;

(5) physically disabled persons;

(6)   governmental employees, their spouses, and dependents residing with them;

(7)   electors with a death or funeral in the family within a three-day period before the election;

(8)   persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);

(9)   poll managers, county voter registration board members and staff, county election commission members and staff working on election day;
(10) overseas citizens;
(11)   persons attending sick or physically disabled persons;
(12)   persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;
(13)   persons who will serving as jurors in a state or federal court on election day.:

(1) students, their spouses, and dependents residing with them (The term 'students' means all persons residing outside of the counties of their respective residences, enrolled in an institution of learning);

(2)   members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3)   persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4)   governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open;

(5)   electors with a death or funeral in the family within a three-day period before the election;

(6)   persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day); and

(7) overseas citizens.

(B) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections whether or not absent from his county of residence:

(1) physically disabled persons (The term 'physically disabled person' means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically inside or outside his county of residence);

(2) poll managers, county voter registration board members and staff, and county election commission members and staff working on election day;

(3) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before an election;

(4) persons whose employment obligations require that they be at their place of employment during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board;

(5) persons attending sick or physically disabled persons;

(6) persons who will be serving as jurors in a state or federal court on election day; and

(7) persons sixty-five years of age or older."

SECTION 2. Section 7-15-340 of the 1976 Code, as last amended by R. 392, Act ___ of 1990, is further amended to read:

"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such election officials must be in the following a form prescribed by the State Election Commission in conformity with this article and signed by the applicant under penalty of law; except that persons listed in Section 7-15-320(A)(2), (3), (6) (4), and (10) (7) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered.

TO THE BOARD OF VOTER REGISTRATION: -------COUNTY

I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ---- day of-------- 19--. (If you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to be sent to your absentee address, check here: [ ])

(If a ballot is requested for a primary election, print your political party preference in this space --------.)

I am a qualified elector and am registered to vote in the -------- precinct and -------- State House of Representatives District (if known). My registration certificate number is --------. My full name is ----------------. Please Print

I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as a poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:

(CHECK APPROPRIATE BOX)

[ ] 1. Students, their spouses, and dependents residing with them.(The term "students" shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).

[ ] 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.

[ ] 3. Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.

[ ] 4. Employment. (The term "employment" means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).

[ ] 5. Physically disabled person. (The term "physically disabled person" means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).

[ ] 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.

[ ] 7. Death in family, or attending funeral within a three-day period of election.

[ ] 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).

[ ] 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day.

(Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).

[ ] 10. Overseas citizens.

[ ] 11. Persons attending sick or physically disabled persons.

[ ] 12. Persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election.

My home address in South Carolina as shown on my registration certificate is: My absentee mailing address (address to which absentee ballot should be mailed) is: Signature Social Security or Identification Number."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator McLEOD proposed the following amendment (Doc. No. 0611I), which was adopted:

Amend the amendment offered by Senator Holland, as and if amended, in Section 7-15-320(B)(7), as contained in SECTION 1, page 4, by striking /sixty-five/ and inserting /seventy-two/.

Amend title to conform.

Senator HOLLAND proposed the following amendment (Doc. No. 3255J), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to the bill to read:
/SECTION ___. Section 7-9-100 of the 1976 Code, as last amended by Act 136 of 1989, is further amended to read:

"Section 7-9-100. The state convention shall meet at a location in this State determined by the state committee to have adequate facilities during a thirteen-month period ending May fifteenth of every general election year on a day and at a time fixed by the state committee and announced publicly at least ten days before the meeting. The state committee shall must notify the delegates to the state convention of the accommodations that are available for the delegates during the convention. This listing must be as complete as practicable and must include the accommodations in close proximity to the convention site as well as any other accommodations that are chosen by the state committee. This notice must include the name and location of the accommodations, the cost per day, and any discounts or surcharges that are applicable during the period of the convention. Should the state committee fix the date for the state convention in a nongeneral election year, it must be held for the purpose of reorganization only. The convention to be held for the purpose of nominating candidates for public office to be filled in the general election must be held in the general election year. At the time that the state committee sets the date for the state convention it shall set what month during the twelve-month period ending March thirty-first of every general election year that the county convention must be held. If it sets a month in a nongeneral election year for the county conventions to be held for the purpose of reorganization, it must set a month during the general election year for the county convention to be reconvened for the purpose of nominating candidates for public office to be filled in the general election. Sufficient advance notice of the month set for county conventions must be given to county executive committees so that the public notices required by law may be met. The convention must be composed of delegates elected by the county conventions. Each county is entitled to one delegate for each six thousand residents of the county, according to the latest official United States Census, plus two additional members. If a county has a fractional portion of population of at least three thousand residents above its last six thousand resident figure it is entitled to an additional delegate. In addition to the delegates described above, each member of the General Assembly shall be a delegate to the appropriate state convention. Members of the General Assembly serving as delegates shall have the same rights, privileges, and duties as other delegates. When the state convention assembles, it must be called to order by the chairman of the state committee. A temporary president must be nominated and elected by the convention, and after its organization the convention shall proceed immediately to the election of permanent officers and to the transaction of business. When the business has concluded, it shall adjourn sine die, or may recess. The state chairman may recall the state convention into special session at any time he determines appropriate.

The officers of the state convention must be a president, vice president, two secretaries and a treasurer. Each county delegation to a state convention may fill any vacancies therein. Any county failing or refusing to organize under the provisions of this title may not have representation in the state convention. The state officers must be reported to the Secretary of State and to the State Election Commission within fifteen days of their election and the reports must be public record."/

Amend title to conform.

On motion of Senator HOLLAND, the Bill was carried over.

Senator MOORE assumed the Chair.

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

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.

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.

The amendment proposed by the Committee on Corrections and Penology (Doc. No. 1262o) was adopted as follows:

Amend the bill, as and if amended, in Section 24-13-1320 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /department/ on line 2 of the section the following /and the Executive Director of the Department of Probation, Parole, and Pardon Services/.

Amend title to conform.

Senator DRUMMOND explained the amendment.

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

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.

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

The amendment proposed by the Committee on Judiciary (Doc. No. 3365J) was adopted as follows:

Amend the bill, as and if amended, page 2, in Section 20-3-130(A), as contained in SECTION 1, by striking lines 4 through 11 and inserting therein the following:
/these two events: (1) the formal signing of a written property or marital settlement agreement or (2) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties./

Amend the bill further, as and if amended, beginning on page 4, in Section 20-3-130(C)(10), as contained in SECTION 1, by striking line 44 through line 6 on page 5, and inserting therein the following:
/to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;/

Amend the bill further, as and if amended, page 5, line 19, in Section 20-3-130(D), as contained in SECTION 1, by adding the following after the word /spouse/ :
/, with due consideration of the cost of premiums, insurance plans carried by the parties during marriage, insurability of the payor spouse, the probable economic condition of the supported spouse upon the death of the payor spouse, and any other factors the court may deem relevant,/

Amend title to conform.

Senator POPE explained the amendment.

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

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

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.

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.

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".

On motion of Senator GIESE, with unanimous consent, H. 3791 was ordered to receive a third reading on Wednesday, April 25, 1990.

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.

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.

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.

On motion of Senator DRUMMOND, with unanimous consent, S. 1547 was ordered to receive a third reading on Wednesday, April 25, 1990.

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.

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

The amendment proposed by the Committee on Judiciary (Doc. No. 1049J) was adopted as follows:

Amend the bill, as and if amended, page 1, line 17, item (16.2) of Section 4-9-30, as contained in SECTION 1, by inserting after the words /Title 15./ the following:
/Provided, however, this provision does not apply to agricultural operations as provided for by Chapter 45 of Title 46./

Amend title to conform.

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

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.

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. 3524R) was adopted as follows:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof:

/SECTION 1. Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-240. Subject to the funds appropriated, the department shall implement a model pilot program for dental health screenings of children enrolled in public schools in kindergarten, second, and seventh grades. The department may designate up to five counties representative of the rural and urban areas of the State to participate in this pilot program.

The pilot program must concentrate on providing dental education, preventive dental care, screening, and treatment referral for children who are eligible for the federal free and reduced price school lunch program.

The program must seek cooperation from local school districts, other governmental entities, and dentists to coordinate federal Medicaid assistance and any volunteer efforts to reduce costs to the State to the extent practicable.

The results or effectiveness of this pilot program must be reported to the Senate Committee on Medical Affairs and the House Committee on Medical, Military, Public and Municipal Affairs at intervals designated by the chairman of the committee."/

Amend title and renumber sections 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.

On motion of Senator GIESE, with unanimous consent, S. 966 was ordered to receive a third reading on Wednesday, April 25, 1990.

The PRESIDENT assumed the Chair.

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The amendment proposed by the Committee on Fish, Game and Forestry (Doc. No. 1612X) was adopted as follows:

Amend the bill, as and if amended, Section 50-23-10(i), as contained in SECTION 1, by striking the second sentence and inserting: /A marine dealer shall have a proper business license for each facility not under the same roof and shall sell a minimum of twenty ten watercraft or outboard motors each calendar year to renew his permit./

Amend title to conform.

Senator DRUMMOND explained the amendment.

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

On motion of Senator DRUMMOND, with unanimous consent, S. 1463 was ordered to receive a third reading on Wednesday, April 25, 1990.

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.

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. 1282o) was adopted as follows:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1.   Section 44-7-130 of the 1976 Code, as last amended by Act 670 of 1988, is further amended by adding an appropriately numbered item to read:

"( )   'Habilitation center for the mentally retarded or persons with related conditions' means a facility that serves four or more mentally retarded persons or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their mental retardation or related conditions."

SECTION 2.   Section 44-7-260(A) of the 1976 Code, as last amended by Act 670 of 1988, is further amended by adding an appropriately numbered item to read:

"( )   habilitation centers for the mentally retarded or persons with related conditions."

SECTION 3.   This act takes effect upon approval by the Governor./

Renumber items to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

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

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.

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

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

On motion of Senator DRUMMOND, the committee amendment was laid on the table.

On motion of Senator DRUMMOND, the Bill was read the second time, passed and ordered to a third reading.

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

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

The question being the adoption of the amendment proposed by the Committee on Judiciary.

The amendment proposed by the Committee on Judiciary (Doc. No. 5069P) was adopted as follows:

Amend the bill, as and if amended, page 3, Part II, beginning on line 30, by striking SECTION 2 in its entirety and inserting therein:
/SECTION 2. The 1976 Code is amended by adding:

"Section 14-1-215. A retired judge or justice from the Supreme Court, Court of Appeals or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.

In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 and found by the committee to be qualified to serve in these situations within four years of the date of his appointment to serve."/

Amend title to conform.

On motion of Senator WILLIAMS, the Bill was carried over.

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.

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

The following Bill was 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 MARTSCHINK)

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.

On motion of Senator WILLIAMS, with unanimous consent for Senator MOORE to retain the floor, the Senate receded from business until 3:15 P.M.

Debate was interrupted by recess, Senator MOORE retaining the floor.

Senator MARTSCHINK requested and was granted a leave of absence for the remainder of the day.

At 1:42 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 3:15 P.M.

At 3:20 P.M., the Senate resumed.

Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

On motion of Senator WILLIAMS, with unanimous consent, while the members of the Senate Finance Committee and Subcommittees are meeting on the General Appropriation Bill that they be counted in any quorum calls, allowing them five minutes to come to the Senate Chamber from the Gressette Building.

Senator J. VERNE SMITH requested and was granted a leave of absence from 5:30 P.M. until 6:00 P.M. today.

On motion of Senator J. VERNE SMITH, Senator SALEEBY was granted a leave of absence from 5:30 P.M. until 6:00 P.M. today.

Senator WILSON requested and was granted a leave of absence from 5:45 P.M. until 6:45 P.M. today.

Senator PASSAILAIGUE requested and was granted a leave of absence from 5:45 P.M. until 6:45 P.M. today.

Senator SETZLER requested and was granted a leave of absence from 6:30 P.M. until 8:30 P.M. today.

Senator LEVENTIS requested and was granted a leave of absence from 5:45 P.M. until 8:00 P.M. today.

April 24, 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, Florence County Magistrate, with term to expire April 30, 1994:

Mr. Ulysses Frierson, 1525 Allegheny Ridge, Florence, S.C. 29501

April 24, 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, Florence County Magistrate, with term to expire April 30, 1994:

Mr. Roy Chives Roberts, P.O. Box 374, Johnsonville, S.C. 29555

April 24, 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, Florence County Magistrate, with term to expire April 30, 1994:

Mr. James M. Lynch, Route 4, Box 19, Timmonsville, S.C. 29161 VICE Dallas L. Pigate

April 24, 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, Florence County Magistrate, with term to expire April 30, 1994:

Mr. William Earl McLeod, 3308 Huntington Drive, Florence, S.C. 29501

April 24, 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, Florence County Magistrate, with term to expire April 30, 1994:

Mr. Eugene Cooper, Route 1, Box 139, Coward, S.C. 29530

April 24, 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, Florence County Magistrate, with term to expire April 30, 1994:

Mrs. Kimberly Baggett Knight, P.O. Box 263, Pamplico, S.C. 29583 VICE Delmas Moore

April 24, 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, Florence County Magistrate, with term to expire April 30, 1994:

Mr. Cecil M. Kirby, P.O. Box 277, Olanta, S.C. 29114

April 24, 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, Florence County Magistrate, with term to expire April 30, 1994:

Mr. Robert Leon McElveen, 440 Camelia Lane, Lake City, S.C. 29560 VICE Mr. David A. Brown

April 24, 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, Jasper County Magistrate, with term to expire April 30, 1994:

Mr. Jonathan Garvin, P.O. Box 1281, Ridgeland, S.C. 29936

April 24, 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, Jasper County Magistrate, with term to expire April 30, 1994:

Mr. Russell Edward Grayson, P.O. Box 155, Hardeeville, S.C. 29927

April 24, 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, Jasper County Magistrate, with term to expire April 30, 1994:

Ms. Marie Coburn Rawl, P.O. Box 1522, Ridgeland, S.C. 29936

April 24, 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, Jasper County Magistrate, with term to expire April 30, 1994:

Mr. Bobby O. Smith, Route 2, Box 529, Ridgeland, S.C. 29936

April 24, 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, Beaufort County Magistrate, with term to expire April 30, 1994:

Mr. George Bowman Brown, 137 Stuart Town Road, Beaufort, S.C. 29902

April 24, 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, Member, Beaufort County Magistrate, with term to expire April 30, 1994:

Rita Ann Simmons, Route 1, Box 31, Bluffton, S.C. 29910

April 24, 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, Member, Beaufort County Magistrate, with term to expire April 30, 1994:

Mr. Charles Louis Smith, Post Office Box 451, Bluffton, S.C. 29910

April 24, 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, Member, Beaufort County Magistrate, with term to expire April 30, 1994:

Mr. Joseph McDomick, Jr., Post Office Box 126, Saint Helena Island, S.C. 29920

The following was introduced:

S. 1562 -- Senators Long, Drummond, Land and Leatherman: A JOINT RESOLUTION TO EXTEND THE PERIOD WHEN WHITE PERCH MAY BE SOLD FROM MAY 1 THROUGH MAY 31 FOR THE YEAR 1990 ONLY.

Read the first time and on motion of Senator LAND, with unanimous consent ordered placed on the Calendar without reference.

On motion of Senator LAND, with unanimous consent, S. 1562 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

Reappointment, Member, JEDA Board, with term to expire July 28, 1991:

5th Congressional District:

Mr. Terry Barnett Wiley, 1939 South Paraham, York, S.C. 29725

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

Reappointment, Member, JEDA Board, with term to expire July 27, 1993:

4th Congressional District:

Mr. Donald F. Bolt, 7 Southbourne Court, Greenville, S.C.

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

Reappointment, Member, Commission for the Blind, with term to expire May 19, 1994

6th Congressional District:

Hugh Gaskin, 530 Iris Drive, Florence, S.C.
29501

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

Appointment, Member, State Agency of Vocational Rehabilitation, with term to expire March 15, 1994:

2nd Congressional District:

Phillip J. Canders, 7 Foxwood Knoll, Blythewood, S.C. 29016 VICE John A. Montgomery (deceased)

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

Appointment, Member, Alcohol and Drug Abuse Commission, with term to expire June 30, 1992:

Dr. Walter P. (Buddy) Witherspoon, 250 Lancer Drive, Columbia, S.C. 29212 VICE Dr. Joe Henry King (deceased)

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

Reappointment, Member, Motor Vehicle Management Council, with term to expire October, 1993:

Mr. Charles J. Bruce, Siebels, Bruce & Company

Senator BRYAN, from the Committee on Corrections and Penology, submitted a favorable report on:

Appointment, Member, Juvenile Parole Board, with term to expire September 30, 1994:

James E. Scott, 150 Mountain Creek Road, Gray Court, S.C. 29645 VICE Faye Campbell (resigned)

Senator GIESE, from the Committee on Corrections and Penology, submitted a favorable report on:

Appointment, Member, South Carolina Advisory Board for Victim Assistance, Physician, with term to expire August 1, 1993:

Thomas Walker Messervy, M.D., 128 Holly Ridge Lane, West Columbia, S.C. 29169 VICE Dr. Daniel Paysinger

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

S. 831 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 56 SO AS TO REQUIRE THE LICENSING AND REGULATION OF MOTOR VEHICLE RENTAL AGENCIES AND TO PROVIDE FOR DEFINITIONS, TO PROVIDE THAT ALL RENTAL AGENCIES MUST BE LICENSED BY THE DEPARTMENT, TO REQUIRE RENTAL AGENCIES TO MAINTAIN CERTAIN RECORDS RELATING TO RENTAL MOTOR VEHICLES AND TO PROVIDE PENALTIES FOR VIOLATING THE PROVISIONS OF THIS CHAPTER.

Ordered for consideration tomorrow.

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 continued speaking on the Bill.

Senator LEVENTIS argued contra to second reading of the Bill.

On motion of Senator MOORE, with unanimous consent, staff was admitted to the Senate Chamber to the area behind the rail while debate was in progress on S. 1182.

Senator MOORE argued in favor of second reading of the Bill.

Senator WILLIAMS requested and was granted a leave of absence until 6:00 P.M. today.

Senator GIESE proposed the following Amendment No. 1 (Doc. No. 1645X), which was tabled:

Amend the bill, as and if amended, SECTION 1, by striking Section 44-95-390 in its entirety (i.e. p. 1182-87, lines 25 through 45, and p. 1182-88, lines 1 through 45, and p. 1182-89, lines 1 through 18).

Amend title to conform.

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

Senator COURSON moved under Rule 3b to send for the absentee members.

Senator SHEALY asked unanimous consent, with Senator GIESE retaining the floor, to make a motion that the Senate stand adjourned.

Senator MOORE objected.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan                     Courson                   Fielding
Gilbert                   Hayes                     Helmly
Hinds                     Land                      Long
Lourie                    Macaulay                  Matthews
McGill                    Moore                     Mullinax
O'Dell                    Passailaigue              Peeler
Rose                      Russell                   Saleeby
Smith, J.V.               Smith, N.W.               Stilwell

Giese                     Hinson                    Lee
Leventis                  McConnell                 Mitchell
Shealy                    Smith, H.C.               Thomas
Wilson                    

Rule 3b was invoked.

Senator GIESE continued arguing in favor of the adoption of the amendment and Senator MOORE argued contra.

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator SHEALY moved that the Senate do now adjourn.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Helmly                    Holland                   Leatherman
Lee                       Macaulay                  McConnell
Mitchell                  Peeler                    Rose
Shealy                    

Bryan                     Courson                   Fielding
Giese                     Gilbert                   Hayes
Land                      Long                      Lourie
Matthews                  McGill                    McLeod
Moore                     Mullinax                  O'Dell
Russell                   Setzler                   Smith, H.C.
Smith, N.W.               Stilwell                  Thomas
Waddell                   

The Senate refused to adjourn.

Senator MACAULAY proposed the following Amendment No. 2 (Doc. No. 1637X), which was carried over:

Amend the bill, as and if amended, Section 44-95-120(A), by deleting item (6) which begins on line 21 of page 34.

Renumber sections to conform.

Amend title to conform.

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

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

Senator SHEALY moved that the Senate do now adjourn.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Holland                   Leatherman                Lee
McConnell                 Mitchell                  Peeler
Rose                      Shealy                    Thomas

Bryan                     Courson                   Fielding
Giese                     Gilbert                   Hayes
Helmly                    Hinds                     Hinson
Land                      Long                      Lourie
Macaulay                  Matthews                  McGill
Moore                     Mullinax                  O'Dell
Patterson                 Russell                   Saleeby
Setzler                   Smith, J.V.               Smith, N.W.
Stilwell                  Waddell                   

The Senate refused to adjourn.

Senator McLEOD requested and was granted a leave of absence from 6:25 P.M. until 7:30 P.M. today.

Senator MITCHELL requested and was granted a leave of absence from 6:30 P.M. until 8:30 P.M. today.

Senator NELL W. SMITH proposed the following Amendment No. 22 (Doc. No. 3457R, G2), which was adopted:

Amend the bill, as and if amended, page 1182-15, Section 44-95-50, line 29, by adding a new appropriately numbered subsection to read as follows:

/( ) It is the goal of this State to recycle, on a statewide basis, at least twenty-five percent, calculated by weight, of the total solid waste stream generated in this State not later than six years after the date of enactment of this chapter./

Amend the bill further, as and if amended, page 1182-15, Section 44-95-50(F), by striking line 40 and inserting the following in lieu thereof:

/recycling and reduction goals and that each county or region,/

Amend the bill further, as and if amended, page 1182-16, Section 44-95-60(A)(8), by striking lines 43 through 45 and inserting the following in lieu thereof:

/(8) a description of the means by which the State shall achieve its statewide solid waste recycling and reduction goals;/

Amend the bill further, as and if amended, page 1182-17, Section 44-95-60(A)(9), by striking lines 1 through 4 and inserting the following in lieu thereof:

/(9) procedures and requirements for meeting state goals for waste reduction and recycling (including composting) and objectives for waste-to-energy implementation and sanitary landfilling;/

Amend the bill further, as and if amended, page 1182-18, Section 44-95-60(B)(5), by striking line 34 and inserting the following in lieu thereof:

/the solid waste recycling and reduction goals established in/

Amend the bill further, as and if amended, page 1182-24, Section 44-95-80(A)(8), by striking line 37 and inserting the following in lieu thereof:

/the waste recycling and reduction goals established in Section/

Amend the bill further, page 1182-25, Section 44-95-80(C), by striking line 14 and inserting the following in lieu thereof:

/recycling and waste reduction goals established on a statewide/

Amend the bill further, page 1182-25, Section 44-95-80(C), by striking lines 17 through 19 and inserting in lieu thereof the following:

/a county or region from setting higher percentage goals for recycling and waste reduction in its solid waste management plan that the goals established/

Amend the bill further, page 1182-25, Section 44-95-80(C), line 21 by striking the word /goal/ and inserting in lieu thereof the word /goals/

Amend the bill further, as and if amended, page 1182-37, Section 44-95-130(C), by striking line 12 and inserting the following in lieu thereof:

/reduction and recycling goals set forth in their solid waste/

Amend title and renumber sections to conform.

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

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

On motion of Senator BRYAN, Senator HORACE C. SMITH was granted a leave of absence for the remainder of the day.

Senator MOORE proposed the following Amendment No. 21 (Doc. No. 3466R, G2), which was adopted:

Amend the bill, as and if amended, page 1182-9, Section 44-95-40(30), line 31, by adding the following after the word /processing/:

/, but does not include materials when recycled or transferred to a different site for recycling in an amount which does not equal at least seventy-five percent by weight of materials received during the previous calendar year/

Amend the bill further, as and if amended, page 1182-15, Section 44-95-50, line 31, by striking the words /five-year/ and inserting the words /six-year/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-17, Section 44-96-60(A)(16), line 42, by striking the word /training/ and inserting the word /certification/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-25, Section 44-95-80(C) by striking line 22 and inserting the following in lieu thereof:

/region to account for industrial growth or other good cause shown./

Amend the committee report further, as and if amended, page 1182-28, Section 44-95-80(M), line 11, by adding after the word /operator/ the following:
/; provided, however, such fees shall not be imposed on ash from the incineration of solid waste within the county/

Amend the bill further, as and if amended, page 1182-30, Section 44-95-90(A), lines 7 through 11, by deleting the following sentence:

/In developing these regulations, the department shall examine the feasibility of the use of an enterprise fund process by local governments in operating their solid waste management systems./

Amend the bill further, as and if amended, page 1182-33, Section 44-95-110(A), line 24, by adding the following after the word /entities/:

/under a contractual agreement with local governments or state supported institutions/

Amend the bill further, as and if amended, page 1182-35, Section 44-95-120(B), line 40, by deleting words /three-eighths of the/.

Amend the bill further, as and if amended, page 1182-36, Section 44-95-120(B), line 1, by deleting the words /three-eighths of the/.

Amend the bill further, as and if amended, page 1182-36, Section 44-95-120(B), line 5, by deleting words /three-eighths of the/.

Amend the bill further, as and if amended, page 1182-40, Section 44-95-150(B), line 20, by adding after the word /material/ the following:

/made from fully halogenated CFC's/

Amend the bill further, as and if amended, page 1182-52, Section 44-95-170(D), line 5, by striking the word /will/ and inserting /,/.

Amend the bill further, as and if amended, page 1182-54, Section 44-95-170(M), line 39, by adding the following after the word /entities/:

/under contractual agreement with local governments/

Amend the bill further, as and if amended, page 1182-67, Section 44-95-260(8), line 19, by striking the word /training/ and inserting the word /certification/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-71, Section 44-95-290(F), line 11, by striking the word /and/ and inserting the word /or/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-92, Section 44-95-450(B), line 7, by striking the word /and/ and inserting the words / and/or / in lieu thereof.

Amend the bill further, as and if amended, page 1182-92, Section 44-95-450(B), line 11, by striking the word /and/ and inserting the words / and/or / in lieu thereof.

Amend the bill further, as and if amended, page 1182-92, Section 44-95-460, line 23, by striking the word /training/ and inserting the word /certification/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-92, Section 44-95-460, line 33, by striking the word /trained/ and inserting the word /certified/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-92, Section 44-95-460, line 39, by striking the word /training/ and inserting the word /certification/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-92, Section 44-95-460, line 44, by striking the word /training/ and inserting the word /certification/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-93, Section 44-95-460, line 5, by striking the word /training/ and inserting the word /certification/ in lieu thereof.

Amend title and renumber sections to conform.

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

Senator MACAULAY moved that the amendment be adopted.

The amendment was adopted.

Senator McLEOD proposed the following Amendment No. 25 (Doc. No. 3511R, G2), which was adopted:

Amend the bill, as and if amended, page 1182-102, Section 12-7-1255(A) as contained in SECTION 4, line 31, by striking the words /pursuant to Section 12-7-230/ and inserting the words /by this chapter/ in lieu thereof.

Amend the bill further, as and if amended, page 1182-103, Section 12-7-1255(C) as contained in SECTION 4, line 21, by striking the words /Section 12-7-230/ and inserting the words /this chapter/ in lieu thereof.

Amend title and renumber sections to conform.

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

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 29 (Doc. No. 3531R, G2), which was adopted:

Amend the bill, as and if amended, page 1182-53, Section 44-95-170(I), line 25, by striking /(G)/ and inserting /(H)/ in lieu thereof.

Amend title and renumber sections to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN asked unanimous consent to carry over Amendment Nos. 31-42 to third reading.

Senator LEATHERMAN objected.

Senator SHEALY moved that the Senate stand adjourned.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Lee                       Macaulay                  McConnell
Passailaigue              Peeler                    Rose
Shealy                    Thomas

Bryan                     Courson                   Fielding
Giese                     Gilbert                   Hayes
Helmly                    Hinds                     Hinson
Holland                   Land                      Leatherman
Long                      Lourie                    Matthews
McGill                    Moore                     Mullinax
O'Dell                    Patterson                 Russell
Saleeby                   Smith, H.C.               Smith, J.V.
Smith, N.W.               Stilwell                  Waddell
Wilson                    

The Senate refused to adjourn.

Senator BRYAN proposed the following Amendment No. 33 (Doc. No. 3616R, G2), which was adopted:

Amend the bill, as and if amended, page 1182-55, line 12, Section 44-95-170(M), as contained in SECTION 1, by adding a new paragraph to read:

/For three years from the effective date of this Act, the funds in the Scrap Tire Grant Fund must be used exclusively to fund grants to a county or region to pay for the cost of disposal of the accumulated waste tires./

Amend title to conform.

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

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 31 (Doc. No. 1277o), which was adopted:

Amend the bill, as and if amended, by striking Section 44-95-120(B)(5), as contained in SECTION 1, page 1182-35, beginning on line 40, and inserting:

/(5)   the balance of the funds generated by the two-dollar fee imposed pursuant to Section 44-95-170(L) which is not remitted back to the counties for the management of waste tires, to be remitted to a special fund designated as the Scrap Tire Grant Trust Fund;/

Amend title to conform.

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

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 34 (Doc. No. 1265o), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 1182-33, after line 15, by adding:

/Section 44-95-105. All regulations promulgated by the department pursuant to this chapter must be in consultation with officials representing local governments which own or operate municipal solid waste disposal facilities, pursuant to the Administrative Procedures Act./

Amend title to conform.

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

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 35 (Doc. No. 1266o), which was adopted:

Amend the bill, as and if amended, Section 44-95-80(A), as contained in SECTION 1, page 1182-23, by striking lines 4-13 and inserting:

/(A)   Not later than fifteen months after the date on which the department submits its state solid waste management plan to the Governor and to the General Assembly, the governing body of each county, if the county intends to submit a single county plan, or the governing bodies of the counties in a region, if two or more counties intend to submit a regional plan, in cooperation with the municipalities located in the county or region, shall prepare a solid waste management plan for the area within that county or region. Municipalities within the county or region shall participate in the development of the county or regional plan and are required to be a part of the plan. This plan must provide for public participation and include, at a minimum, the following:/

Amend title to conform.

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

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 37 (Doc. No. 1270o), which was tabled:

Amend the bill, as and if amended, Section 44-95-80(O)(3), as contained in SECTION 1, page 1182-29, by striking lines 22-31 and inserting:

/(3)   one-third of the membership of the council shall represent private industry within the county or region. The private industry representatives must be appointed by the county and municipal representatives serving on the advisory council./

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator MOORE argued contra.

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYAN proposed the following Amendment No. 40 (Doc. No. 1268o), which was tabled:

Amend the bill, as and if amended, by striking Section 44-95-80(H), as contained in SECTION 1, beginning on page 1182-26 and line 40, and inserting:

/(H)   Counties may enter into intergovernmental agreements with other counties to provide for the collection, separation, or recycling of solid waste at mutually agreed upon sites. Counties may expend funds received from any source to establish and maintain regional facilities and to provide for sharing the costs of establishing and maintaining the facilities in an equitable manner./

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator MOORE argued contra.

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYAN proposed the following Amendment No. 41 (Doc. No. 1327o), which was adopted:

Amend the bill, as and if amended, Section 44-95-170(E), as contained in SECTION 1, page 1182-52, line 16, after /county./, by inserting:
/However, a county may impose an additional disposal fee on waste tires, heavy equipment tires, and oversized tires that have a greater diameter than the largest tire with a Department of Transportation number./

Amend title to conform.

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

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 43 (Doc. No. 1332o), which was tabled:

Amend the bill, as and if amended, Section 44-95-320(B)(1), page 1182-78, after line 28, by adding an appropriately lettered subitem to read:

/( )   the maximum volume of solid waste the facility is capable of receiving over the operational life of the facility and the maximum rate at which the facility may receive that waste./

Renumber subitems to conform.

Amend title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MULLINAX argued contra.

Senator MULLINAX moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan                     Fielding                  Gilbert
Hayes                     Helmly                    Holland
Land                      Leatherman                Lee
Long                      Lourie                    Matthews
McGill                    Moore                     Mullinax
Patterson                 Peeler                    Smith, J.V.
Smith, N.W.               Stilwell                  Waddell

Courson                   Giese                     Hinds
Leventis                  Macaulay                  McConnell
O'Dell                    Passailaigue              Rose
Russell                   Saleeby                   Thomas
Wilson                    

Shealy   (Present) Aye

Martschink   (Absent) Nay

The amendment was laid on the table.

Senators SHEALY and HINDS proposed the following Amendment No. 45 (Doc. No. 1689X), which was not adopted:

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

/SECTION __. Any contract entered into between a county, region, or municipality and a private corporation, person, or partnership concerning operation of a waste disposal facility under the provisions of Chapter 95, Title 44 of the 1976 Code must be submitted to the Attorney General to determine the legality and advisability of the contract./

Renumber sections to conform.

Amend title to conform.

Senator SHEALY argued in favor of the adoption of the amendment and Senators MOORE and MULLINAX argued contra.

Senators LEVENTIS, HINDS and ROSE argued in favor of the adoption of the amendment.

Senator ROSE moved that the amendment be adopted.

Senator MULLINAX moved to lay the amendment on the table.

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Giese                     Helmly                    Hinds
Hinson                    Holland                   Leventis
Macaulay                  McConnell                 O'Dell
Passailaigue              Rose                      Wilson

Bryan                     Courson                   Fielding
Gilbert                   Hayes                     Land
Leatherman                Lee                       Long
Lourie                    Matthews                  McGill
McLeod                    Moore                     Mullinax
Patterson                 Peeler                    Pope
Russell                   Saleeby                   Smith, J.V.
Smith, N.W.               Stilwell                  Thomas
Waddell                   

Shealy   (Present) Aye

Martschink   (Absent) Nay

The amendment was not adopted.

Senator MACAULAY proposed the following Amendment No. 46 (Doc. No. 0618I, G2), which was adopted:

Amend the bill, as and if amended, Section 44-95-120(A), by deleting item (6) which begins on line 21 of page 34.

Amend further, page 1182-35, lines 14-16, Section 44-95-120(A)(4) by deleting the following:

/or by private entities operating under a contractual agreement with a local government/.

Amend title to conform.

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

Senator MACAULAY moved that the amendment be adopted.

The amendment was adopted.

Senator GIESE proposed the following Amendment No. 47 (Doc. No. 0619I, G2), which was adopted:

Amend the bill, as and if amended, Section 44-95-160(D), as contained in SECTION 1, by striking the paragraph beginning on page 1182-43 and line 40 and inserting:

/The Department of Highways and Public Transportation shall establish regional oil collection centers unless it certifies to the Office of Solid Waste Reduction and Recycling that private used oil collection centers are available in that regional area./

Amend title to conform.

Renumber sections to conform.

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

Senator GIESE moved that the amendment be adopted.

The amendment was adopted.

Senator MACAULAY proposed the following Amendment No. 48 (Doc. No. 0620I, G2), which was adopted:

Amend the bill, as and if amended, page 1182-54, lines 38-39, Section 44-95-170(M) by striking the words /or to private entities/.

Amend title to conform.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 49 (Doc. No. 0621I, G2), which was adopted:

Amend the bill, as and if amended, page 1182-27, Section 44-95-80(J), by striking lines 25-28 and inserting in lieu thereof:

/contrary, a county which does not regulate the operation or closure of solid waste management facilities shall not be held liable for the operation, closure and/.

Amend title to conform.

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

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 50 (Doc. No. 1315o), which was adopted:

Amend the bill, as and if amended, by striking Section 44-95-170(I), as contained in SECTION 1, page 1182-53, beginning on line 25, and inserting:

/(I)   Subsection (G) does not apply to:

(1)   a tire retailing business where less than one thousand waste tires are kept on the business premises;

(2)   a tire retreading business where less than two thousand five hundred waste tires are kept on the business premises or a tire retreading facility that is affiliated with a company that manufactures tires in this State;

(3)   a business that, in the ordinary course of business, removes tires from motor vehicles if less than one thousand of these tires are kept on the business premises;

(4)   a permitted solid waste facility with less than two thousand five hundred waste tires; or

(5)   a person using waste tires for agricultural purposes, if the waste tire sites are maintained so as to prevent mosquitos or other nuisances as determined by the department./

Amend title to conform.

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

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.

Senator LEVENTIS raised a Point of Order that the Bill did not contain a fiscal impact statement as required by Section 2-7-110 of the 1976 Code of Laws.

Senator STILWELL spoke on the Point of Order and stated that the Bill met the requirements of Rule 27E.

Senator LEVENTIS spoke further on the Point of Order.

The PRESIDENT overruled the Point of Order and stated that according to the Rules of the Senate that the fiscal impact statement which was contained in the Bill from the Committee Chairman met the requirements of Rule 27E and the statutory provisions would not act to prevent second reading of the Bill.

The PRESIDENT took the matter under advisement as to whether or not a fiscal impact statement was required as provided in Section 2-7-110 of the 1976 Code of Laws.

On motion of Senator BRYAN, with unanimous consent, the Bill was given a second reading and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

Senator MOORE asked unanimous consent to make a motion that the Bill be placed in the status of Interrupted Debate.

Senator LEATHERMAN objected.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

Senator LEVENTIS asked unanimous consent to receive and read a Message from the House pertaining to the Bill.

Senator MULLINAX objected.

S. 906 -- Senators Courson and Lourie: A JOINT RESOLUTION TO NAME THE SOUTHEASTERN BELTWAY FROM INTERSTATE 20 TO INTERSTATE 26 THE "VETERANS MEMORIAL EXPRESSWAY" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS ON THE EXPRESSWAY WHICH CLEARLY INDICATE THE NAME OF THE EXPRESSWAY.

On motion of Senator COURSON, with unanimous consent, the Joint Resolution was recalled from the Committee on Transportation.

On motion of Senator COURSON, the Joint Resolution was read a second time.

On motion of Senator COURSON, with unanimous consent, S. 906 was ordered to receive a third reading on Wednesday, April 25, 1990.

H. 4435 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO INCREASE FROM TWO TO FOUR YEARS THE TERM FOR WHICH HE IS APPOINTED.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the General Committee.

On motion of Senator HOLLAND, the Bill was ordered placed on the Calendar for consideration tomorrow.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

Senator BRYAN asked unanimous consent to receive and read a Message from the House pertaining to the Bill.

Senator MULLINAX objected.

On motion of Senator LEATHERMAN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournnment, and upon lifting of the veil of secrecy, adjourn.

S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.

Senator McLEOD moved that the Joint Resolution be placed in the status of Interrupted Debate.

Senator LEATHERMAN objected.

On motion of Senator BRYAN, the Motion Period was closed.

On motion of Senator LEATHERMAN, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Reappointment, Member, JEDA Board, with term to expire July 28, 1991:

5th Congressional District:

Mr. Terry Barnett Wiley, 1939 South Paraham, York, S.C. 29725

Reappointment, Member, JEDA Board, with term to expire July 27, 1993:

4th Congressional District:

Mr. Donald F. Bolt, 7 Southbourne Court, Greenville, S.C. 29601

Reappointment, Member, Commission for the Blind, with term to expire May 19, 1994:

6th Congressional District:

Hugh Gaskin, 530 Iris Drive, Florence, S.C. 29501

Appointment, Member, State Agency of Vocational Rehabilitation, with term to expire March 15, 1994:

2nd Congressional District:

Phillip J. Canders, 7 Foxwood Knoll, Blythewood, S.C. 29016 VICE John A. Montgomery (deceased)

Appointment, Member, Alcohol and Drug Abuse Commission, with term to expire June 30, 1992:

Dr. Walter P. (Buddy) Witherspoon, 250 Lancer Drive, Columbia, S.C. 29212 VICE Dr. Joe Henry King (deceased)

Reappointment, Member, Motor Vehicle Management Council, with term to expire October, 1993:

Mr. Charles J. Bruce, Siebels, Bruce & Company

Appointment, Member, Juvenile Parole Board, with term to expire September 30, 1994:

James E. Scott, 150 Mountain Creek Road, Gray Court, S.C. 29645 VICE Faye Campbell (resigned)

Appointment, Member, South Carolina Advisory Board for Victim Assistance, Physician, with term to expire August 1, 1993:

Thomas Walker Messervy, M.D., 128 Holly Ridge Lane, West Columbia, S.C. 29169 VICE Dr. Daniel Paysinger

Reappointment, Florence County Magistrate, with term to expire April 30, 1994:

Mr. William Earl McLeod, 3308 Huntington Drive, Florence, S.C. 29501

Appointments, Florence County Magistrates, with terms to expire April 30, 1994:

Mr. James M. Lynch, Route 4, Box 19, Timmonsville, S.C. 29161 VICE Dallas L. Pigate

Mrs. Kimberly Baggett Knight, Post Office Box 263, Pamplico, S.C. 29583 VICE Delmas Moore

Mr. Robert Leon McElveen, 440 Camelia Lane, Lake City, S.C. 29560 VICE Mr. David A. Brown

Reappointments, Florence County Magistrates, with terms to expire April 30, 1994:

Mr. Cecil M. Kirby, Post Office Box 277, Olanta, S.C. 29114

Mr. Eugene Cooper, Route 1, Box 139, Coward, S.C. 29530

Mr. Roy Chives Roberts, Post Office Box 374, Johnsonville, S.C. 29555

Mr. Ulysses Frierson, 1525 Allegheny Ridge, Florence, S.C. 29501

Reappointments, Jasper County Magistrates, with terms to expire April 30, 1994:

Mr. Jonathan Garvin, Post Office Box 1281, Ridgeland, S.C. 29936

Mr. Russell Edward Grayson, Post Office Box 155, Hardeeville, S.C. 29927

Mr. Bobby O. Smith, Route 2, Box 529, Ridgeland, S.C. 29936

Ms. Marie Coburn Rawl, Post Office Box 1522, Ridgeland, S.C. 29936

Reappointments, Beaufort County Magistrates, with terms to expire April 30, 1994:

Mr. Charles Louis Smith, Post Office Box 451, Bluffton, S.C. 29910

Mr. George Bowman Brown, 137 Stuart Town Road, Beaufort, S.C. 29902

Mr. Joseph McDomick, Jr., Post Office Box 126, Saint Helena Island, S.C. 29920

Rita Ann Simmons, Route 1, Box 31, Bluffton, S.C. 29910

On motion of Senator POPE, with unanimous consent, the Senate adjourned out of respect to the memory of Eugene C. Griffith of Newberry, S.C.

On motion of Senator MARTSCHINK, with unanimous consent, the Senate adjourned out of respect to the memory of Harry Robert Hallman, son of Representative Harry M. Hallman, Jr.

Senator WADDELL moved that when the Senate adjourns, it stand adjourned to meet Wednesday, April 25, 1990 at 12:00 Noon, which motion was adopted.

At 9:15 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 12:00 Noon.

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