SENATE JOURNAL for Apr. 25, 1990 - South Carolina Legislature Online

South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

WEDNESDAY, APRIL 25, 1990

Wednesday, April 25, 1990
(Statewide Session)

~~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:

Beloved, hear the words of the author of the Epistle to the Hebrews (13:1-2):

"Keep on loving each other as brothers.

Do not forget to entertain strangers

For by so doing some people have

entertained angels without knowing it."
Let us pray.

Lord God of heaven and earth... the God of justice and mercy... of love and long suffering:

Help us to face the issues of our common life with courage... competence... and calm calculation.

Forbid that our problems should deteriorate into crises because, in our complacency, we may have failed adequately to face them early... day by day.

As we approach the waiting tasks of a new day, grant to us all a solemn sense of the stewardship of public office. Equip us with patience... and perseverance for strenuous hours... and sound judgment in difficult decisions... and the vision to see beyond the day's duties the working of Thine eternal kingdom... in the Name of Him who is the Light of this world.

Amen.

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

INVITATIONS RECEIVED
EDUCATION AND PUBLIC WORKS COMMITTEE

April 24, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

An invitation has been extended to members of the Senate to attend a Legislator Breakfast sponsored by the John Guest Evangelistic Crusade on Wednesday, May 9, 8:00 A.M., at the Capital City Club. I would appreciate consideration of placing this invitation on the Senate Calendar, for members only.

Thank you.

Sincerely,
David M. Beasley

Referred to Committee on Invitations.

Doctor Of The Day

Senator NELL W. SMITH introduced Dr. Larry Winn of Easley, Doctor of the Day.

Leave Of Absence

Senator DRUMMOND requested and was granted a leave of absence from 2:00 P.M. today until 6:00 P.M. Thursday, April 26, 1990.

Leave Of Absence

Senator POPE requested and was granted a leave of absence from 5:30 P.M. until 10:00 P.M. today.

Message From The House

Columbia, S.C., April 25, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4244 -- Reps. Wilder, Baxley and Corning: A BILL TO CREATE A JOINT COMMITTEE TO STUDY PROBLEMS OF PERSONS WITH DISABILITIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., April 25, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4427 -- Reps. J. Bailey, Rama, T. Rogers, Barber, McBride, Wright, Altman, Snow, Holt, Keegan, Quinn, Bruce, D. Martin, J. Harris, Washington, Whipper, T.M. Burriss, Moss, R. Brown, Burch, Waites, Glover, J. Brown, Fant, Wilkes, Rudnick, Wofford, Haskins, McCain, Wilkins, Manly, Lanford, McGinnis, Simpson, Vaughn, Wells, Davenport, Littlejohn, Farr, Cole, Chamblee, Huff, Keesley, Clyborne, Kohn, Mappus, Smith, Cooper, Sturkie, G. Bailey, M.D. Burriss, Corbett, Sharpe and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., April 25, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., April 25, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4807 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO PROVIDE THAT THE SUPERB ACCOUNT MAY BE USED TO PAY ADMINISTRATIVE COSTS AND SPECIFY QUALIFYING REHABILITATION COSTS WHICH MAY BE PAID FROM THE ACCOUNT, TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE THE REDUCED UNDERGROUND STORAGE TANK REGISTRATION FEE AND REGISTRATION CERTIFICATE REQUIREMENTS, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT AND NOTIFICATION REQUIREMENTS FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

CONCURRENCE

S. 911 -- Senators Moore, Holland, Rose, Hinson and Giese: A BILL TO AMEND SECTION 56-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF ITEMS IN APPLYING FOR A DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, SO AS TO ALLOW ANY REASONABLY RELIABLE DOCUMENT CONTAINING THE APPLICANT'S SOCIAL SECURITY NUMBER TO SERVE AS SUFFICIENT PROOF OF THE EXISTENCE AND VALIDITY OF THEIR SOCIAL SECURITY NUMBER AND TO PROVIDE THAT THE SOCIAL SECURITY NUMBER MAY BE OBTAINED FROM OTHER SOURCES.

The House returned the Bill with amendments.

Senator MOORE explained the House amendments.

On motion of Senator MOORE, 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.

NON-CONCURRENCE

S. 467 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1980, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH SANCTUARIES, SO AS TO PROVIDE THAT THEY CONTINUE AS FISH SANCTUARIES UNLESS DIRECTED TO BE CLOSED BY THE OWNER OF THE LAND WHERE THE SANCTUARY IS LOCATED OR BY DIRECTION OF THE LEGISLATIVE DELEGATION OF THE COUNTY IN WHICH IT IS LOCATED.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.

NON-CONCURRENCE

S. 515 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-11-540 AND 50-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 50-11-540 AND 50-11-740; TO AMEND SECTION 50-11-730, RELATING TO HUNTING OF DEER FROM WATER CONVEYANCES, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED FOR VIOLATIONS OF SECTIONS 50-11-540, 50-11-730, AND 50-11-740; TO AMEND SECTIONS 50-13-1196 AND 50-19-2220, RELATING TO FISHING AND CONFISCATION OF DEVICES AND EQUIPMENT USED IN RELATION TO FISHING, SO AS TO CHANGE REFERENCES TO SECTION 50-11-2080 TO 50-11-730; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE RIFLE AMMUNITION OF A GREATER CALIBER THAN A TWENTY-TWO RIMFIRE TO KILL LAWFULLY TREED ANIMALS OR TO HAVE IMMEDIATE ACCESS TO UNLAWFUL AMMUNITION OR WEAPONS WHEN ARTIFICIAL LIGHTS ARE USED AT NIGHT; AND TO AMEND SECTION 50-17-650, RELATING TO PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF FORFEITED PROPERTY SEIZED FOR VIOLATIONS OF STATUTES INVOLVING MARINE RESOURCES WHICH BELONGS TO OTHER THAN THE VIOLATOR OR ON WHICH THERE IS A LIEN.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.

SENATE INSISTS

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

On motion of Senator MULLINAX, with unanimous consent, the message from the House was taken up for immediate consideration.

Senator MULLINAX moved that the Senate insist upon its amendments.

Senator LEVENTIS argued contra to the motion to insist.

Senator MULLINAX argued in favor of the motion to insist.

The Senate insisted upon its amendments to the Bill.

Recorded Vote

The following Senators desire to be recorded as voting against the motion to insist:

Senator McConnell Senator Passailaigue

Senator Land Senator Courson

Senator Giese Senator Thomas

Senator Saleeby Senator Leventis

Senator Helmly Senator Macaulay

Senator Rose

HOUSE CONCURRENCE

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

CONFERENCE COMMITTEE APPOINTED
Message From The House

Columbia, S.C., April 25, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Very respectfully,
Speaker of the House

On motion of Senator SALEEBY, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.

Whereupon the PRESIDENT appointed Senators SALEEBY, HINDS and LONG of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

FREE CONFERENCE REPORT ADOPTED

S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.

On motion of Senator LOURIE, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.

Senator Lourie explained the Report.

On motion of Senator LOURIE, the Report of the Committee of Free Conference (Doc. NO. 5885z, G1) was adopted as follows:

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., April 23, 1990

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/ SECTION 1. Section 8-11-120 of the 1976 Code is amended to read:

"Section 8-11-120. (A) All ~~State~~ state offices, agencies, departments, and other divisions and branches of the ~~State~~ state government shall notify, at least five working days prior to the close of the application period, the Columbia Metro Job Service Office of the South Carolina Employment Security Commission and the ~~Personnel~~ Recruitment Section, Division of Human Resource Management of the Budget and Control Board of ~~job vacancies within five days after any such vacancy exists~~ a vacancy in any employment position for which recruitment will be undertaken, except those employment positions exempt from the classification and compensation plan under the provisions of Section 8-11-270. Notification of such vacant position must include the following:

(a) the title of the position and a summary description of the job responsibilities for the vacant position if needed for clarification;

(b) the entry salary and/or salary range for the vacant position;

(d) a description of the application process for the vacant position;

(e) residency requirements, if any, for the vacant position;

(f) the classification code, the slot, and the position number, if any, of the vacant position;

(g) the minimum requirements for the vacant position, as well as preferred qualifications, if any;

(h) the opening and closing dates for applying for the vacant position;

(i) a statement certifying that the employer is an equal employment opportunity/affirmative action employer;

(j) the Merit System status of the vacancy; and

(k) the normal work schedule and whether the position is full-time or part-time.

The notification must be posted conspicuously within the agency where the vacancy exists and must include the information described in items (a) through (k).

If the vacancy is a promotional opportunity that requires work experience within the agency to qualify for the promotion, notice of the vacancy must be posted in a conspicuous place within the agency for five working days, and the notice of vacancy does not have to be sent to the Employment Security Commission or to the Recruitment Section, Division of Human Resource Management of the Budget and Control Board.

If an emergency situation exists requiring the vacancy to be filled immediately, certification of the emergency must be made to and approved by the agency director or the director's designee waiving the posting requirement at the agency and state level.

(B) If a position classification continually is vacant an agency has an open recruitment policy for a position classification, one announcement at the beginning of each fiscal year is sufficient notification to the Recruitment Section, Division of Human Resource Management of the Budget and Control Board and the Columbia Metro Job Service Office of the South Carolina Employment Security Commission.

(C) The Recruitment Section, Division of Human Resource Management of the Budget and Control Board must report all filled positions to the South Carolina Employment Security Commission."

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

Amend title to conform.

Isadore E. Lourie                 Herbert Kirsh
Michael T. Rose                   Samuel R. Foster
Nell W. Smith                     Toney L. Farr
On Part of the Senate             On Part of the House

, and a message was sent to the House accordingly.

HOUSE AMENDMENTS AMENDED,
RETURNED TO THE HOUSE

S. 689 -- Senator McLeod: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HEALTH CARE COVERAGE FOR THE MEDICALLY INDIGENT IN SOUTH CAROLINA AND PROVIDE FOR ITS MEMBERS, COMPENSATION, AND DUTIES.

The House returned the Joint Resolution with amendments.

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

Senator McLEOD proposed the following amendment (Doc. No. 1358o), which was adopted:

Amend the resolution, as and if amended, SECTION 4, page 5, line 10, by striking /shall/ and inserting /may/ and line 13, after /funds,/ by inserting /funds from private sources may be secured, and/ so that when amended SECTION 4 reads:

/SECTION 4. The General Assembly annually may provide for the funding of the demonstration project in the state general appropriations act. In addition to state funds, funds from private sources may be secured, and the model programs tested by the project must generate funds from employers and employees participating in the program to be utilized in securing the health insurance offered through the program. The commission shall endeavor to achieve a ratio of state appropriated funds to other funds at least equivalent to, if not greater than, the state medicaid match./

Amend title to conform.

Senator McLEOD explained the amendment.

There being no further amendments, the Joint Resolution was ordered returned to the House of Representatives with amendments.

RECALLED AND READ

S. 1322 -- Senators Pope and Wilson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF BILLY DREHER ISLAND STATE PARK AND THE LAKE MURRAY COUNTRY VISITORS CENTER.

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

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

Motion Adopted

On motion of Senator WADDELL, with unanimous consent, the members of the Senate Finance Committee Proviso Subcommittee were granted leave to meet while the Senate was in session and be counted in any quorum calls and be exempt from Rule 3b, if invoked, provided, that the names of the members attending the subcommittee meetings will be reported to the Clerk.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1563 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING ACHIEVEMENTS BY WANDA L. WIGGINS OF BAMBERG-EHRHARDT HIGH SCHOOL AS A STUDENT LEADER AND SUPERB STUDENT ATHLETE.

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

S. 1564 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF CHILDREN TO ATTEND THE PUBLIC SCHOOLS OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT.

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

S. 1565 -- Senators Moore and Giese: A BILL TO AMEND TITLE 23, CHAPTER 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO REQUIRE A PRIVATE OUTDOOR TARGET SHOOTING GUN RANGE TO KEEP A REQUIRED AMOUNT OF YARDAGE BETWEEN ITS BORDERS AND THE NEAREST BUILDING OCCUPIED AS A DWELLING, BUSINESS, OR SCHOOL; AND TO REQUIRE A PRIVATE OUTDOOR TARGET SHOOTING GUN RANGE TO QUALIFY UNDER REGULATIONS PROMULGATED BY THE STATE LAW ENFORCEMENT DEPARTMENT TO OBTAIN A LICENSE TO OPERATE.

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

S. 1566 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-745 SO AS TO AUTHORIZE MAGISTRATES TO DISMISS CRIMINAL CASES FOR LACK OF PROSECUTION.

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

S. 1567 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-379 SO AS TO PROHIBIT THE VIEWING OR POSSESSING OF ANY MATERIAL OR PERFORMANCE THAT SHOWS A MINOR ENGAGED IN SEXUAL ACTIVITY, SEXUALLY EXPLICIT NUDITY, OR OTHER CONDUCT HARMFUL TO MINORS, TO PROVIDE A DEFINITION, AND TO PROVIDE A PENALTY.

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

S. 1568 -- Senator Nell W. Smith: A BILL TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN PICKENS COUNTY, AND TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE SYSTEM AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

Ordered To A Second And Third Reading

On motion of Senator NELL W. SMITH, S. 1568 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1569 -- Senators Lourie, Giese, Courson and Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND ENCOURAGE THE MENTAL HEALTH ASSOCIATION IN MID-CAROLINA, IN CONJUNCTION WITH THE NATIONAL MENTAL HEALTH ASSOCIATION AND ITS AFFILIATED CHAPTERS AND DIVISIONS NATIONWIDE, AS THEY ENDEAVOR TO EDUCATE THE CITIZENS OF THIS COMMUNITY, STATE, AND NATION ON THE IMPORTANCE OF A CHILD-CENTERED, FAMILY-FOCUSED, AND COMMUNITY-BASED MENTAL HEALTH SERVICE SYSTEM.

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

H. 5062 -- Rep. Washington: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ANTHONY BOYERT OF RAVENEL AND A MEMBER OF THE ST. PAUL'S FIRE DEPARTMENT, UPON HIS TRAGIC DEATH WHILE FIGHTING A FIRE AT THE RAVENEL TOWN HALL.

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

H. 5063 -- Reps. L. Martin, Hendricks, Simpson, M.O. Alexander, T.C. Alexander, Baker, Blackwell, Bruce, Chamblee, Clyborne, Cole, Cooper, Davenport, Fair, Fant, Ferguson, P. Harris, Haskins, Jaskwhich, Kay, Lanford, Littlejohn, Manly, Mattos, McGinnis, McLellan, Townsend, Tucker, Vaughn, Wells and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE BLUE RIDGE ELECTRIC COOPERATIVE, INC., ON THEIR FIFTIETH ANNIVERSARY OF SERVICE TO THEIR CUSTOMERS.

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

H. 4896 -- Reps. Clyborne and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

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

H. 5044 -- Rep. Jaskwhich: A BILL TO AMEND ACT 916 OF 1970, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO AUTHORIZE THE EMPLOYMENT OF FIREMEN AND OTHER EMPLOYEES IN ADDITION TO SELECTING VOLUNTEER FIREMEN.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

Ordered To A Second And Third Reading

On motion of Senator STILWELL, H. 5044 was ordered to receive a second and third reading on the next two consecutive legislative days.

REPORT OF STANDING COMMITTEE
Read The Second Time

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

S. 984 -- Senator Russell: A BILL TO AMEND SECTION 9-11-48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR TRANSFERRING A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS TO THE POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO PROVIDE ALTERNATIVE REQUIREMENTS FOR THE TRANSFER.

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

On motion of Senator HORACE C. SMITH, the Bill was read the second time.

Ordered To A Third Reading

On motion of Senator HORACE C. SMITH, with unanimous consent, S. 984 was ordered to receive a third reading on Thursday, April 26, 1990.

DEBATE INTERRUPTED

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.

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

On motion of Senator MOORE, with unanimous consent, the Bill was placed in the status of Interrupted Debate.

REPORT BY THE CHAIRMAN OF THE
SENATE FINANCE COMMITTEE

Senator WADDELL gave a report of the subcommittee on H. 3609 (25 year retirement).

Point Of Personal Privilege

Senator NELL W. SMITH rose to a Point of Personal Privilege.

Senators SHEALY, LEATHERMAN, MACAULAY and ROSE spoke on the report.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 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".

(By prior motion of Senator GIESE, with unanimous consent)

THIRD READING BILLS

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

S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

Senator WADDELL explained the Resolution.

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.

(By prior motion of Senator GIESE, with unanimous consent)

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.

(By prior motion of Senator DRUMMOND, with unanimous consent)

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.

(By prior motion of Senator DRUMMOND, with unanimous consent)

READ THE THIRD TIME

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".

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

Senator GILBERT proposed the following amendment (Doc. No. 1140o), which was ruled out of order:

Amend the bill, as and if amended, by striking Section 59-1-450, as contained in SECTION 1, and inserting:
/Section 59-1-450. Beginning with the 1990-91 school year, all public school students, commencing with grades kindergarten through and including high school, shall during the course of each school day's activities, denounce all divisive flags and say the Pledge of Allegiance as follows:

'I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.'

A person not wishing to say the 'Pledge of Allegiance' or otherwise participate in saying the 'Pledge of Allegiance' is exempt from participation and may not be penalized for failing to participate.

A person who does not wish to participate may leave the classroom, may remain in his seat, or may express his non-participation in any form which does not materially infringe upon the rights of other persons or disrupt school activities./

Amend title to conform.

Point Of Order

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as notice of general amendments had not been given when the Bill was given second reading.

The PRESIDENT sustained the Point of Order.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

READ THE THIRD TIME

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.

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

On motion of Senator DRUMMOND, the Bill was read the third time, ordered sent to the House of Representatives.

Amended And Read

S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.

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 General Committee.

The amendment proposed by the General Committee (Doc. No. 1325X) was adopted as follows:

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

/SECTION 1. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina State Board of Funeral Service is reauthorized for six years.

SECTION 2. Section 40-19-90 of the 1976 Code is amended by adding at the end:

"The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current."

SECTION 3. Section 40-19-100(1) of the 1976 Code is amended to read:

"(1) (A) No person may be issued a license as an embalmer unless he:

(i) is at least eighteen years of age.;

(ii) is of good moral character, as evidenced by at least two affidavits to that effect and has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude_[.;

(iii) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board in its discretion.;

(iv) has successfully completed a regular course of not less than one year (twelve scholastic months) in an embalming college accredited by the board.;

(v) has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State. ~~Any~~ A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.

(B) No person may be issued a license as a funeral director unless he:

(i) is at least eighteen years of age.;

(ii) is of good moral character, as evidenced by at least two affidavits to that effect and has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude. The board may have an independent investigation made by its inspector and a full report of the investigation may be submitted to the executive secretary at least ten days before the applicant is to appear.;

(iii) has a high school education or the equivalent of a high school education, together with a minimum of two years of successful attendance at ~~any~~ an accredited academic college or successful completion of a regular course of not less than one year (twelve scholastic months) in an accredited mortuary college.;

(iv) has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State. ~~Any~~ A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination."

SECTION 4. Section 40-19-170 of the 1976 Code is amended by adding at the end:

"A licensee or funeral home found to be in violation of a provision of this chapter or failing, omitting, or neglecting to obey, observe, or comply with a lawful order of the board is subject to a penalty of not less than twenty-five nor more than five hundred dollars for each offense. Jurisdiction of actions to recover penalties must be brought in the name of the State in magistrate's court."

SECTION 5. Funeral homes, funeral establishments, or mortuaries licensed before January 1, 1984, may apply to the board for an exemption of requirements found in Section 40-19-10(3) of the 1976 Code.

SECTION 6. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator DRUMMOND proposed the following amendment (Doc. No. 1621X), which was adopted:

Amend the report, as and if amended, Section 40-19-100(1)(A), as contained in SECTION 3, by striking subitem (ii) and inserting:

/(ii) ~~is of good moral character, as evidenced by at least two affidavits to that effect~~ has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude_[.;/.

Amend further, Section 40-19-100(1)(B), as contained in SECTION 3, by striking subitem (ii) and inserting:

/(ii) ~~is of good moral character as evidenced by at least two affidavits to that effect~~ has not been convicted of a violent crime or found guilty of a felony or a crime of moral turpitude_[.; The board may have an independent investigation made by its inspector and a full report of the investigation may be submitted to the executive secretary at least ten days before the applicant is to appear./

Amend further by adding before the last section:

/SECTION 6. Section 40-19-230 of the 1976 Code is repealed./

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

Amended And Read

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.

The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.

Senators COURSON and LOURIE proposed the following amendment (Doc. No. 3617R, G2), which was adopted:

Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. The Department of Highways and Public Transportation is directed to name the Southeastern Beltway from Interstate 26 to the Congaree River in Lexington County and from Leesburg Road to Interstate 20 in Richland County the "Veterans Memorial Expressway" and to erect appropriate signs on the expressway which clearly indicate the name of the expressway.

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

Amend title to conform.

There being no further amendments, the Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

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.

(By prior motion of Senator HOLLAND, with unanimous consent)

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.

(By prior motion of Senator LAND, with unanimous consent)

READ THE SECOND TIME

S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

On motion of Senator McCONNELL, with unanimous consent, the Bill was taken up for immediate consideration and was given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading and the Bill retained its place in the status of Special Order.

READ THE SECOND TIME

H. 4613 -- Judiciary Committee: A BILL TO AMEND CHAPTER l7, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

CARRIED OVER

The following Bill was carried over:

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 SETZLER)

AMENDED, DEBATE INTERRUPTED

S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.

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. 1489X), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2, page 2, and inserting:

/SECTION 2. Section 20-7-400(A) is amended by adding:

"(4) For the detention of a juvenile in a juvenile detention facility who is charged with committing a criminal offense when detention in a secure facility is found to be necessary pursuant to the standards set forth in Section 20-7-600 and when the facility exists in, or is otherwise available to, the county in which the crime occurred."/

Amend further, Section 20-7-600(B), as contained in SECTION 3, page 3, by striking the third sentence and inserting:

/The officer's written report must be furnished to the authorized representatives of the department ~~within twenty-four hours from the time the child was taken into custody,~~ and ~~the report~~ must state:

(1) the facts of the offense; ~~and~~

(2) the reason why the child was not released to the parent./

Amend further, Section 20-7-600(C), as contained in SECTION 3, page 4, by striking the first two sentences and inserting:

/No child may be transported to a juvenile detention facility in ~~any~~ a police vehicle which also contains adults under arrest. No child ~~at any time~~ may be placed in a secure confinement or ordered detained by the court in secure confinement in an adult jail or other place of detention for adults for more than six hours ~~but must be placed in a room or ward entirely separate from adults~~./

Amend further by striking Section 20-7-600(H), as contained in SECTION 3, beginning on page 5, and inserting:

/(H) If the authorized representative of the Department of Youth Services has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within ~~forty-eight~~ twenty-four hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays~~, in accordance with rules of practice in a family court~~. At this hearing, the authorized representative of the department shall submit to the court a ~~written~~ report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court./

Amend further by striking Section 20-7-3230(A)(4), as contained in SECTION 4, page 7, and inserting:

/(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include a secure thirty-bed juvenile detention center to be located in Columbia. The size and capacity of this juvenile detention facility must be determined by the department after its consideration and review of recognized national standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of its juvenile detention center and in providing for the construction and operation of the facility. Upon completion of construction and upon the department's determination that the facility is staffed in accordance with existing standards and, therefore, can be operated in accordance with these standards, the department shall determine and announce the maximum operational capacity of the facility. A juvenile must not be ordered detained by the court in this juvenile detention center nor may the department accept a juvenile into this facility if his detention causes the department to exceed the published operational capacity. The department shall determine an amount of per diem for each child detained in this center, which must be paid by the committing county. The per diem paid by the county may not exceed the daily average cost of a juvenile committed to the department and must be placed in a separate account by the department for operation of this facility./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following amendment (Doc. No. 1175o), which was adopted:

Amend the bill, as and if amended, by inserting after the title and before the enacting words:

/Whereas, it is the policy of the State for preadjudication juvenile detention facilities to be regional facilities; and

Whereas, the State of South Carolina recognizes that this act provides for a temporary answer to the problem of juvenile confinement and that a permanent solution needs to be developed to aid the counties of the State in the provision of juvenile detention services; and

Whereas, this act provides for the South Carolina Department of Youth Services to temporarily provide for juvenile detention services until regional facilities are developed to serve this purpose. Now, therefore, /

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

Senator BRYAN proposed the following amendment (Doc. No. 1179o), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2, page 2, and inserting:

/SECTION 2. Section 20-7-400(A) is amended by adding:

Amend further, Section 20-7-600(B), as contained in SECTION 3, page 3, by striking the third sentence and inserting:

(1) the facts of the offense; ~~and~~

(2) the reason why the child was not released to the parent./

Amend further, Section 20-7-600(C), as contained in SECTION 3, page 4, by striking the first two sentences and inserting:

Amend further by striking Section 20-7-600(H), as contained in SECTION 3, beginning on page 5, and inserting:

Amend further by striking Section 20-7-3230(A)(4), as contained in SECTION 4, page 7, and inserting:

/(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include a secure juvenile detention center. The size and capacity of this juvenile detention facility must be determined by the department after its consideration and review of recognized national standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of its juvenile detention center and in providing for the construction and operation of the facility. Upon completion of construction and upon the department's determination that the facility is staffed in accordance with existing standards and, therefore, can be operated in accordance with these standards, the department shall determine and announce the maximum operational capacity of the facility. A juvenile must not be ordered detained by the court in this juvenile detention center nor may the department accept a juvenile into this facility if his detention causes the department to exceed the published operational capacity. The department shall determine an amount of per diem for each child detained in this center, which must be paid by the committing county. The per diem paid by the county may not exceed the daily average cost of a juvenile committed to the department and must be placed in a separate account by the department for operation of this facility./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following amendment No. (Doc. No. 1336o), which was adopted:

Amend the bill, as and if amended, Section 20-7-600(B), as contained in SECTION 3, by striking the sentence beginning on page 1485-4 and line 39, and inserting:

/Unless ~~detention is necessary for the protection of the community or to serve the best interest of~~ the child is to be detained, the child must be released by the authorized representative of the department to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct./

Amend further by striking Section 20-7-600(F), as contained in SECTION 3, beginning on page 1485-5 and line 38, and inserting:

/(F) When the authorized representative of the Department of Youth Services determines that ~~detention~~ placement of a juvenile outside the home is necessary, he shall make a diligent effort to place the child in an approved home, ~~facility, or~~ program ~~separate from any secure~~, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. The department shall provide to the court a list of appropriate facilities to be utilized for placement. When the department determines that a secure facility is necessary, a child may be detained only in a facility which has sight and sound separation from adults. The department shall develop specific written criteria to use in determining: (1) whether detention is necessary for the protection of the community to insure an orderly court process or to serve the best interest of the child; and

~~(2) whether a secure or nonsecure facility is appropriate for detention of the child.~~

~~The department shall provide the court and law enforcement agencies with a copy of the criteria. The department also shall evaluate these criteria using accepted research methods.~~ A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime and the child:

(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(d) has a demonstrable recent record of adjudications for other felonies; and:

(i) There is clear and convincing evidence to establish a risk of flight, or serious harm to others; or

(ii) The instant offense involved the use of a firearm.

(3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury.

A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program./

Amend further, Section 20-7-600(H), as contained in SECTION 3, page 1485-6, line 41, after /hearings./ by inserting:

/The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney./

Amend further, Section 20-7-600(H), as contained in SECTION 3, page 1485-7, by inserting at the end of the subsection:

/If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person./

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

Senator NELL W. SMITH spoke on the Bill.

MOTION ADOPTED

Senator WILLIAMS asked unanimous consent, with Senator NELL W. SMITH retaining the floor, to make a motion that the Senate recede from business until 3:00 P.M.

The motion was adopted.

Debate was interrupted by recess.

RECESS

At 1:34 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 3:00 P.M.

At 3:02 P.M., the Senate resumed.

Point Of Quorum

Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call Of The Senate

Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:

Bryan                     Courson                   Fielding
Gilbert                   Hayes                     Helmly
Hinds                     Hinson                    Holland
Land                      Leatherman                Lee
Leventis                  Long                      Lourie
Macaulay                  Martschink                Matthews
McConnell                 McGill                    Mitchell
Moore                     Mullinax                  O'Dell
Passailaigue              Patterson                 Peeler
Pope                      Rose                      Russell
Saleeby                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Williams                  Wilson

The Senate resumed.

OBJECTION

The Senate resumed consideration of the Bill. The question being third reading of the Bill.

Senator NELL W. SMITH spoke on the Bill.

Point Of Quorum

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

Senator NELL W. SMITH continued arguing contra to third reading of the Bill.

Senator BRYAN argued in favor of third reading of the Bill.

Senator NELL W. SMITH objected to further consideration of the Bill.

PRIVILEGE OF THE FLOOR

On motion of Senator COURSON, with unanimous consent, the Privilege of the Floor was extended to Mr. Harry Turner, amendment clerk and intern with the Office of Senate Research, on the occasion of his receipt of the Algernon Sydney Sullivan Award, given by the New York Southern Society, from the University of South Carolina.

RECALLED AND READ

S. 1204 -- Senators Gilbert, Nell W. Smith, McGill, Mitchell, O'Dell and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 20 SO AS TO ENACT "THE PARENTAL RESPONSIBILITIES ACT".

On motion of Senator McCONNELL, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

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

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 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.

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.

THIRD READING BILLS

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

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. 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.

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.

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.

HOUSE BILL RETURNED

The following House Bill was read the third time, passed and ordered returned to the House with 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.

READ THE THIRD TIME

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

On motion of Senator HOLLAND, the Bill was read the third time, ordered returned to the House with amendments.

AMENDED, AMENDMENT PROPOSED, OBJECTION

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.

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

Senator HOLLAND spoke on the Bill.

Senator HOLLAND proposed the following Amendment No. 1(Doc. No. 3457J), which was adopted:

Amend the bill, as and if amended, beginning on page 4, line 4, by striking SECTION 3 in its entirety and inserting therein the following:

/SECTION 3. Section 44-53-370(e) of the 1976 Code, as last amended by Act 565 of 1988, is further amended to read:

"(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:

(1) ten pounds or more of marijuana is guilty of a felony which is known as 'trafficking in marijuana' and, upon conviction, must be punished as follows if the quantity involved is:

(a)ten pounds or more, but less than one hundred pounds:

1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;

2. for a second offense, a term of imprisonment of not less than five years nor more than twenty years, no part of which may be suspended nor probation granted, and a fine of fifteen thousand dollars;

3. for a third or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) one hundred pounds or more, but less than two thousand pounds, or one hundred to one thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(c) two thousand pounds or more, but less than ten thousand pounds, or more than one thousand marijuana plants, but less than ten thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(d) ten thousand pounds or more, or ten thousand marijuana plants or more than ten thousand marijuana plants regardless of weight, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

(2) ten grams or more of cocaine or any mixtures containing cocaine, as provided in Section 44-53-210(b)(4), is guilty of a felony which is known as 'trafficking in cocaine' and, upon conviction, must be punished as follows if the quantity involved is:

(a) ten grams or more, but less than twenty-eight grams:

1. for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

2. for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b) twenty-eight grams or more, but less than one hundred grams:

1. for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

2. for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(e) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

(3) four grams or more of any morphine, opium, salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing any of these substances, is guilty of a felony which is known as 'trafficking in illegal drugs' and, upon conviction, must be punished as follows if the quantity involved is:

(a) four grams or more, but less than fourteen grams:

2. for a second or subsequent offense, a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(b) fourteen grams or more but less than twenty-eight grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

(c) twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

(4) fifteen grams or more of methaqualone is guilty of a felony which is known as 'trafficking in methaqualone' and, upon conviction, must be punished as follows if the quantity involved is:

(a) fifteen grams but less than one hundred fifty grams:

1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;

2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b) one hundred fifty grams but less than fifteen hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(c) fifteen hundred grams but less than fifteen kilograms, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d) fifteen kilograms or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;.

Any person convicted and sentenced under Section 44-53-370(e) to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, any person convicted of conspiracy pursuant to Section 44-53-370(e) must be sentenced as provided herein with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.

The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.

The offense of possession with intent to distribute described in subsection (a) of this section is a lesser included offense to the offenses of trafficking based upon possession described in this subsection."/

Amend title to conform.

Senator HOLLAND explained the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 2 (Doc. No. 3522R,G2), which was adopted:

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

SECTION ___. Chapter 21 of the 1976 Code is amended by adding:

Article 25
The Marijuana and
Controlled Substance Tax Act of 1990

Section 12-21-3710. This article may be cited as The Marijuana and Controlled Substance Tax Act of 1990.

Section 12-21-3720. As used in this article:

(1) 'Marijuana' means any marijuana, whether real or counterfeit, as defined in Section 44-53-110, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of the laws of this State.

(2) 'Controlled substance' means a drug or substance, whether real or counterfeit, as defined in Section 44-53-110 that is held, possessed, transported, transferred, sold, or offered to be sold in violation of the laws of this State. 'Controlled substance' does not include marijuana.

(3) 'Dealer' means a person who in violation of the laws of this State manufactures, produces, ships, transports, or imports into South Carolina or in any manner acquires or possesses more than forty-two and one-half grams of marijuana, or seven or more grams of a controlled substance, or ten or more dosage units of a controlled substance which is not sold by weight. A quantity of marijuana or other controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.

(4) 'Commission' means the South Carolina Tax Commission.

Section 12-21-3730. The commission shall administer this article. Payments required by this article must be made to the commission on the form provided by the commission. Dealers are not required to give their name, address, social security number, or other identifying information on the form. The commission shall collect all taxes under this article.

Section 12-21-3740. The commission may promulgate regulations necessary to enforce this article. The commission shall adopt a uniform system of providing, affixing, and displaying official stamps, official labels, or other official indicia for marijuana and controlled substances on which a tax is imposed.

Section 12-21-3750. No dealer may possess any marijuana or controlled substance upon which a tax is imposed unless the tax has been paid on the marijuana or other controlled substance as evidenced by a stamp or other official indicia.

Section 12-21-3760. Nothing in this article may provide immunity for a dealer from criminal prosecution pursuant to the laws of this State.

Section 12-21-3770. Nothing in this article requires persons lawfully in possession of marijuana or a controlled substance to pay the tax required under this article.

Section 12-21-3780. For the purpose of calculating the tax under Section 12-21-3790, a quantity of marijuana or other controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of pure controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.

Section 12-21-3790. A tax is imposed on marijuana and controlled substances as defined in Section 12-21-3720 at the following rate:

(1) on each gram of marijuana, or each portion of a gram, three dollars fifty cents; and

(2) on each gram of controlled substance, or portion of a gram, two hundred dollars; or

(3) on each fifty dosage units of a controlled substance that is not sold by weight, or portion thereof, two thousand dollars.

Section 12-21-3800. (A) A dealer violating this article is subject to a penalty of one hundred percent of the tax in addition to the tax imposed by Section 32-21-3790. The penalty must be collected as part of the tax.

(B) In addition to the tax penalty imposed, a dealer distributing or possessing marijuana or controlled substances without affixing the appropriate stamps, labels, or other indicia is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than five years or fined not more than ten thousand dollars, or both.

Section 12-21-3810. Official stamps, labels, or other indicia to be affixed to all marijuana or controlled substances must be purchased from the commission. The purchaser shall pay one hundred percent of face value for each stamp, label, or other indicia at the time of the purchase.

Section 12-21-3820. (A) When a dealer purchases, acquires, transports, or imports into this State marijuana or controlled substances on which a tax is imposed by Section 12-21-3790, and if the indicia evidencing the payment of the tax have not already been affixed, the dealer shall have them permanently affixed on the marijuana or controlled substance immediately after receiving the substance. Each stamp or other official indicia may be used only once.

(B) Taxes imposed upon marijuana or controlled substances by this article are due and payable immediately upon acquisition or possession in this State by a dealer.

Section 12-21-3830. An assessment for a dealer not possessing valid stamps or other official indicia showing that the tax has been paid is considered a jeopardy assessment or collection, as provided in Article 3 of Chapter 53.

Section 12-21-3840. (A) Neither the commission nor a public employee may reveal facts contained in a report or return required by this article or any information obtained from a dealer, nor may any information contained in such a report or return or obtained from a dealer be used against the dealer in a criminal proceeding, unless independently obtained, except in connection with a proceeding involving taxes due under this article from the dealer making the return.

(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not more than five thousand dollars, or both.

(C) This section does not prohibit the commission from publishing statistics that do not disclose the identity of dealers or the contents of particular returns or reports."

Amend the bill further, page 15, by striking Section 13 and inserting the following:

/SECTION ___. All provisions of this act take effect upon approval by the Governor except the provisions of the Marijuana and Controlled Substance Tax Act of 1990 which shall take effect July 1, 1990./.

Amend title and renumber sections to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 3 (Doc. No. 3527R,G2), which was adopted:

Amend the bill, as and if amended, by adding new appropriately numbered sections to read:

/SECTION ___. Chapter 53, Title 44 of the 1976 Code is amended by adding an appropriately numbered section to read:

"Section 44-53-__. (A) In this section the following words have the meanings indicated:

(1) 'License' means an occupational license.

(2) A 'licensee' is an individual who has been issued an occupational license by a state licensing authority.

(3) 'State licensing authority' means an agency of the State of South Carolina which issues licenses to individuals.

(B) Each individual who applies to a state licensing authority for a new license or the renewal of a license must state on the application and under penalty of perjury:

(1) whether the individual has been convicted of a controlled substance offense; and

(2) with respect to each conviction, the date of sentencing, the name of the sentencing court, and the name under which the individual was sentenced.

(C) If an individual is convicted of a controlled substance offense after July 1, 1990, and the individual is applying for a license or renewal, the state licensing authority, pursuant to procedures established by regulation, may:

(1) deny the license application or renewal; or

(2) issue the license or renewal and place the licensee on probation for a reasonable period of time;

(3) assess the licensee, in accordance with applicable regulations, all or part of the cost of the disciplinary proceeding and sanction; and

(4) impose any other sanction or take any other action as authorized by law.

(D) Each individual shall agree, as a condition of the license, to inform the licensing authority in writing and within five calendar days if the individual is convicted of a controlled substance offense during the term of the license.

(E) A state licensing authority may sanction a licensee who is convicted of a controlled substance offense.

(1) If the offense occurred prior to July 1, 1990, the state licensing authority may suspend or revoke the license or reprimand the licensee.

(2) If the offense occurred on or after July 1, 1990, the state licensing authority may:

(a) (i) place the licensee on probation for a reasonable period of time; or

(ii) suspend or revoke the license or reprimand the licensee.

(b) assess the licensee, in accordance with applicable regulations, all or part of the cost of any disciplinary proceeding and sanction; and

(F) If a licensee is placed on probation under subsection (C) or (E) of this section, the licensing authority:

(1) must require the licensee to submit to periodic drug testing during the period of probation;

(2) may require the licensee to participate in appropriate counseling or treatment; and

(3) may impose any other reasonable term or condition of probation.

(G) If a licensee who is on probation violates any condition of probation or is convicted of a controlled substance offense which occurred after the licensee was placed on probation, the state licensing authority shall:

(1) suspend the license for no less than one year; or

(2) revoke the license.

(H) A licensee who is convicted of a controlled substance offense shall notify the appropriate state licensing authority in writing within five calendar days of the conviction.

(I) If a licensee fails to report a conviction in writing within five days, the licensing authority shall suspend the license for a period of one year from the order of suspension, unless the licensee demonstrates to the satisfaction of the licensing authority:

(1) that there was good cause for failing to report the conviction within five days; or

(2) that the licensee reported the conviction as soon as possible after the five-day period."

SECTION ____. Each state licensing authority may adopt regulations to carry out the provisions of Section 44-53-__.

No later than February 1 of each year, each state licensing authority shall submit a report on the action taken by it under this section during the preceding calendar year to the Alcohol and Drug Abuse Commission./

Amend title and renumber sections to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Senators MARTSCHINK and ROSE proposed the following Amendment No. 4 (Doc. No. 1615X), which was adopted:

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

/SECTION __. Section 16-3-20(C)(a) of the 1976 Code is amended by adding:

"(10) The offender was engaged in a continuing criminal enterprise. A person engages in a continuing criminal enterprise if:

(a) he is one of the principal administrators, organizers, or leaders of an enterprise, acting in concert with five or more persons;

(b) (i) he is convicted of trafficking in illegal drugs involving a quantity at least twice that described in Section 44-53-370(e)(2)(e), Section 44-53-370(e)(3)(c), or Section 44-53-370(e)(4)(d), or more than fifty-six grams of crack cocaine;

(ii) he is convicted of more than five violations of either Section 44-53-440 or 44-53-445, or combination of the two; or

(iii) the enterprise in which he was one of the principal administrators, organizers, or leaders, received two million in gross receipts during any twelve month period of its existence for the illegal manufacture, importation, or distribution of a substance described in Section 44-53-370; and

(c) he previously was convicted of at least three drug related offenses which were felonies under either state or federal law."/

Renumber sections to conform.

Amend title to conform.

Senator MARTSCHINK explained the amendment.

The amendment was adopted.

Senators MARTSCHINK and ROSE proposed the following Amendment No. 5(Doc. No. 1616X), which was adopted:

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

/SECTION ___. Section 16-3-20(C)(a) of the 1976 Code is amended to read:

"(a) Aggravating circumstances:

(1) The ~~Murder~~ murder was committed while in the commission of the following crimes or acts:

(a) criminal sexual conduct in any degree,;

(b) kidnapping,;

(d) robbery while armed with a deadly weapon,;

(e) larceny with use of a deadly weapon,;

(f) killing by poison,; ~~and~~

(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h) physical torture.

(2) The ~~Murder~~ murder was committed by a person with a prior ~~record of~~ conviction for murder.

(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would ~~normally~~ be hazardous to the lives of more than one person.

(4) The offender committed the ~~offense of~~ murder for himself or another, for the purpose of receiving money or ~~any other~~ a thing of monetary value.

(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7) The ~~offense of~~ murder ~~was committed against any~~ of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8) The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9) ~~Murder wherein two~~ Two or more persons ~~are~~ were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

~~(9)~~(10) The murder of a child eleven years of age or under."/

Renumber sections to conform.

Amend title to conform.

Senator MARTSCHINK explained the amendment.

The amendment was adopted.

Senator MARTSCHINK proposed the following Amendment No. 6 (Doc. No. 1617X):

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

/SECTION ___. Article 1, Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-70. (A) A Drug Cabinet is established to study and make recommendations concerning the state's efforts to fight drugs in South Carolina by determining the necessary funds, personnel, and programs. The cabinet consists of the Governor who serves as chairman and the following members, or their designees:

(1) Attorney General;

(2) Chief of the South Carolina Law Enforcement Division;

(3) State Superintendent of Education;

(4) Commissioner of the South Carolina Department of Health and Environmental Control;

(5) Director of Law Enforcement for the South Carolina Department of Highways and Public Transportation;

(6) Executive Director of the South Carolina Criminal Justice Academy;

(7) Director of the South Carolina Commission on Alcohol and Drug Abuse;

(8) special agent in charge of the Federal Bureau of Investigation, Columbia Division;

(9) representative of the Drug Enforcement Administration of the United States Department of Justice, Columbia office;

(10) United States Attorney for the District of South Carolina.

(B) The members are allowed mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions" and which shall be paid out of the respective member's agency's accounts.

Renumber sections to conform.

Amend title to conform.

Senator MARTSCHINK explained the amendment.

Senator HINDS objected to further consideration of the Bill.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

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

H. 4209 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY OR PHYSICIAN, SO AS TO INCREASE THE MINIMUM CHARGE WHICH MAY BE IMPOSED FOR PROVIDING THIS INFORMATION.

Senator POPE explained the Bill.

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.

Amended and Read

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.

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. 1644X) was adopted as follows:

Amend the bill, as and if amended, by striking Section 24-21-940A of the 1976 Code, as contained in SECTION 1, and inserting:

"A. (1) 'Pardon' means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided. A pardon also operates as an order of expungement of all official records relating to the arrest, indictment, trial, conviction, and sentence for the offense for which the pardon is granted. In order for local and state records to be expunged, the individual granted the pardon shall present the pardon certificate to the appropriate official recordholders.

(2) 'Partial pardon' means that an individual is pardoned from all the legal consequences of his crimes as provided in subsection A(1) of this section, except that a 'Partial Pardon' does not operate as an order of expungement. Where the word 'pardon' appears in this article, it includes a pardon or a partial pardon as determined by the board.

(3) The official state, county, or municipal recordholder as defined in Section 30-1-20 is responsible for the destruction of the records pertaining to the conviction for which the individual has been pardoned to include the arrest, conviction, and booking record, files, mug shots, and fingerprints and no evidence of the conviction may be retained by any state, county, or municipal state law enforcement entity. Any official recordholder who refuses to destroy or expunge the records as required by this item, after proper presentation of an original pardon certificate, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than five hundred dollars."

Amend title to conform.

Senator GILBERT explained the amendment.

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

Amended and Read

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".

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. 3516J) was adopted as follows:

Amend the bill, as and if amended, page 2, beginning on line 25, by striking SECTION 2 in its entirety and inserting therein:
/SECTION 2. Section 44-53-445 of the 1976 Code, as last amended by Act 128 of 1987, is further amended to read:

"Section 44-53-445. It is a separate criminal offense for ~~any~~ a person to unlawfully distribute, sell, purchase, or manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in or on or within a radius of one-half mile of the grounds of an a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university. Any person committing this act must be, upon conviction, punished by a fine not to exceed ten thousand dollars, or by imprisonment not to exceed ten years, or both. When a violation involves crack cocaine, the punishment, upon conviction, must be a fine of not less than ten thousand dollars, and imprisonment for not less than ten nor more than fifteen years.

For purposes of the creation of ~~presumptions~~ inferences of intent to distribute, the ~~presumptions~~ inferences set out in Sections ~~44-53-370(3)~~ 44-53-370 and 44-53-375 apply to criminal prosecutions under this section."/

Amend title to conform.

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

SECOND READING BILLS

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

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.

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 To A Third Reading

On motion of Senator NELL W. SMITH, with unanimous consent, S. 1511 was ordered to receive a third reading on Thursday, April 26, 1990.

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 To A Third Reading

On motion of Senator STILWELL, with unanimous consent, H. 4263 was ordered to receive a third reading on Thursday, April 26, 1990.

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.

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.

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.

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.

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.

Amended And Read

S. 732 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, SO AS TO DELETE ONE OF THE CONDITIONS UNDER WHICH THE IDENTITIES OF AN ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE REVEALED TO EACH OTHER.

On motion of Senator LONG, 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. 2419J) was adopted as follows:

Amend the bill, as and if amended, page 2, line 5, in Section 20-7-1780 (E)(1)(c), as contained in SECTION 1, by striking line 5 in its entirety and inserting therein the following: /~~an affidavit~~ affidavits. It is the responsibility of ~~the~~ a/ .

Amend title to conform.

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

Ordered To A Third Reading

On motion of Senator LONG, with unanimous consent, S. 732 was ordered to receive a third reading on Thursday, April 26, 1990.

Amended And Read

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.

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. 3532J) was adopted as follows:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting therein:
/SECTION 2. The last unlettered paragraph of Section 20-7-600 of the 1976 Code, as last amended by Act 644 of 1988, is further amended to read:

"If the authorized representative of the Department of Youth Services has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within ~~forty-eight~~ twenty-four hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, in accordance with rules of practice in a family court. At this hearing, the authorized representative of the department shall submit to the court a written report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings."/

Amend title to conform.

Senator POPE explained the committee amendment and the Bill.

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

ORDERED TO A THIRD READING

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

Ordered To A Third Reading

On motion of Senator HOLLAND, with unanimous consent, S. 1560 was ordered to receive a third reading on Thursday, April 26, 1990.

Amended And Read

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.

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. 3527J) was adopted as follows:

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

/SECTION 1. Section 2-3-75 of the 1976 Code is amended to read:

"Section 2-3-75. The Office of Legislative Printing and Information Technology Resources (LPITR) shall be established under the joint direction and management of the Clerk of the Senate and the Clerk of the House. The clerks shall employ a director to carry out the business of the office, who shall have authority to hire and discharge staff with the approval of the clerks, with such funds as may be authorized by the General Assembly. The Office of Legislative Printing and Information Technology Resources shall have the following authority and duties:

(1) The Office of Legislative Printing and Information Technology Resources shall provide printing and technical services to the House of Representatives, the Senate, the Legislative Council, and the Code Commissioner. The Director of LPITR shall, with the approval of the clerks, contract for all legislative printing requirements not otherwise provided for by law. ~~LPITR shall also contract for the printing requirements of the Code Commissioner as contained in Section 2-13-60(4).~~

(2) Any materials which have been printed or paid for under the LPITR printing contract may be sold to other state agencies and private persons. All funds received for such service shall be ~~deposited in the State Treasury to the credit of the general fund of the State. Before any funds are paid into the State Treasury, all necessary expenses incurred~~ retained by LPITR to apply against expenditures made by the Office of LPITR in the production and distribution of materials in accordance with this section. ~~may be first deducted and retained by the Office of LPITR.~~ Payment for such expenses may be made on order of the Director of Legislative Printing and Information Technology Resources and approval of the Clerks of the House and Senate.

(3) Legislative Printing and Information Technology Resources may sell by means of electronic transmission or by such other means as it deems appropriate any legislative document or report which may be obtained under the provisions of Chapter 4 of Title 30 of the 1976 Code, as amended. Such sale shall be with the approval of the Clerks of the House and Senate upon their prior consultation with the Speaker of the House and the President Pro Tempore of the Senate."

SECTION 2. Section 2-7-80 of the 1976 Code is amended to read:

"Section 2-7-80. The clerks of the two houses of the General Assembly are directed to have printed all statewide acts after their approval by the Governor and to place upon the desk of each member of the General Assembly, not later than two weeks after the approval date, a copy of such acts and to mail copies to the house of those members who request such services and, after sine die adjournment each year, to mail a copy of all acts not placed on the members' desks during the session to the home address of each member of the General Assembly. Within ten working days of approval by the Governor, each statewide act must be numbered and printed and distributed to the members of the General Assembly by the clerks of the respective houses. All such acts must be printed bearing a specific act number. In addition, three copies must be mailed to each clerk of court in the State, ~~to the head of each state department and institution,~~ to the Chief Justice and associate justices of the Supreme Court, to the Chief Judge and associate judges of the Court of Appeals, and each judge of the judicial circuits. Also, one copy shall be mailed to each judge of probate, each county attorney, each family court judge, each circuit solicitor, the sheriff of each county, and the chairman of each county governing body. Likewise, printed copies of local acts approved by the Governor must be furnished to the members of the legislative delegation from the county involved. The Secretary of State shall notify the respective clerks immediately upon receipt of all acts available to them for proofreading. ~~Copies of printed statewide acts of the General Assembly must be supplied to the county clerks of court and county boards of commissioners.~~ Any person may obtain a copy of all acts by sending his name and address and by payment of an appropriate charge to the Office of Legislative Printing and Information Technology Management. Any magistrate may obtain a copy of all acts by sending his name, address, and term of office to Legislative Printing and Information Technology Resources."

SECTION 3. Section 2-11-80 of the 1976 Code is amended to read:

"Section 2-11-80. The Legislative Council may sell any of the books or documents, which it has authority to contract to print, at a fixed and reasonable price and the proceeds of the sale of such books shall be invested from time to time in other books or documents to increase the usefulness of the library. Surplus books may be distributed free among the public libraries and governments of other states."

SECTION 4. Item (4) of Section 2-13-60 of the 1976 Code is amended to read:

"(4) ~~Annually~~ Pursuant to Sections 2-13-180 and 2-13-210 prepare annually the statutes and joint resolutions passed at the preceding session ~~for publication, to be printed~~ for printing by the Office of Legislative Printing and Information Technology Resources (LPITR). ~~, the statutes and joint resolutions passed at the preceding session.~~"

SECTION 5. Section 2-13-180 of the 1976 Code is amended to read:

"Section 2-13-180. The Code Commissioner shall, from time to time during any session of the General Assembly, furnish the Office of Legislative Printing and Information Technology Resources (LPITR) with all acts and joint resolutions of a general and permanent nature which have become law. The Office of Legislative Printing and Information Technology Resources (LPITR) as soon as practicable after Within twenty working days after the printing of acts required by Section 2-7-80 the office of LPITR ~~delivery of such acts and joint resolutions shall~~ must furnish the Code Commissioner with page proofs of all such acts and joint resolutions. Within ten working days after receipt of page proofs of all such acts and joint resolutions, the Code Commissioner must return the final corrected proofs to Legislative Printing and Information Technology Resources."

SECTION 6. Section 2-13-210 of the 1976 Code is amended to read:

"Section 2-13-210. Within ~~twenty-five~~ twenty working days after the adjournment of any session of the General Assembly, the Code Commissioner shall furnish the Director of the Office of Legislative Printing and Information Technology Resources all acts and joint resolutions passed, and ~~which have been~~ approved by the Governor, not ~~theretofore~~ previously furnished as required under Section 2-13-180. The Office of Legislative Printing and Information Technology Resources must within twenty working days after delivery of such acts and joint resolutions return page proofs to the Code Commissioner. Within ten working days after receipt of page proofs, the Code Commissioner must return the final corrected proofs to LPITR. Within twenty working days after receipt of the final corrected proofs, LPITR must furnish the Code Commissioner with the final copy of all such acts and joint resolutions for the purpose of preparing an index. The Code Commissioner shall deliver to the Director of the Office of Legislative Printing and Information Technology Resources, within fifteen days after the receipt of the final page proof, a complete index of all the acts and joint resolutions furnished the Director and such other copy as may be necessary for the published acts. Ten working days after the receipt of the final copy, the Code Commissioner must deliver to the Director of the Office of Legislative Printing and Information Technology Resources a complete index of all the acts and joint resolutions and such other copy as may be necessary for the published acts. ~~The State Librarian shall receive at least five hundred copies of the entire number of such acts and joint resolutions contracted for.~~ The style and makeup of the acts and joint resolutions shall be in such form as the Code Commissioner and Clerks of the Senate and the House may agree upon."

SECTION 7. Section 2-13-240 of the 1976 Code is amended to read:

"Section 2-13-240. ~~(a)~~ (A) Sets of the Code of Laws of South Carolina, 1976, shall be distributed by the Legislative Council as follows: Governor, three; Lieutenant Governor, two; Secretary of State, three; Treasurer, one; Attorney General, fifty; Adjutant General, one; Comptroller General, two; Superintendent of Education, two; Commissioner of Agriculture, two; each member of the General Assembly, one; office of the Speaker of the House of Representatives, one; Clerk of the Senate, one; Clerk of the House of Representatives, one; each committee room of the General Assembly, one; each member of the Legislative Council, one; Code Commissioner, one; Legislative Council, ten; Supreme Court, fourteen; Court of Appeals, twelve; Court Administration Office, five; each circuit court judge, one; each circuit court solicitor, one; each family court judge, one; ~~each county court judge, one;~~ College of Charleston, one; The Citadel, two; Clemson University, three; Francis Marion College, one; Lander College, one; Medical University of South Carolina, two; South Carolina State College, two; University of South Carolina, four; each regional campus of the University of South Carolina, one; University of South Carolina Law School, forty-six; Winthrop College, two; each technical college ~~or center~~, one; each county governing body, one; each county clerk of court, three, with one set each to be placed and maintained in the respective courtroom assigned to the circuit court and the family court; ~~and~~ each register of mesne conveyances where such offices ~~are~~ is separate from the office of clerk of court, one; each county auditor, one; each county coroner, one; each county magistrate, one; each county master in equity, one; each county probate judge, one; each county public library, one; each county sheriff, one; each public defender, one; each county superintendent of education, one; each county treasurer, one; the office of each county attorney, one; Library of Congress, three; United States Supreme Court, one; each member of Congress from South Carolina, one; each state library which furnishes this State a free set of its Code of Laws, one; Aeronautics Commission, one; Alcohol and Drug Abuse Commission, one; Alcoholic Beverage Control Commission, one; Department of Archives and History, one; Board of Bank Control, one; Commissioner of Banking, one; Budget and Control Board (Auditor, ~~six~~ two; General Services Division, six; Personnel Division, one; Research and Statistical Services Division, one; Retirement System, one); Children's Bureau, one; Department of Consumer Affairs, one; Department of Corrections, two; Criminal Justice Academy, one; Development Board, two; Employment Security Commission, two; Ethics Commission, one; Forestry Commission, one; Department of Health and Environmental Control, five; ~~Highway~~ Department of Highways and Public Transportation, five; Human Affairs Commission, one; ~~Industrial~~ Workers' Compensation Commission, seven; Department of Insurance, two; Department of Youth Services ~~Juvenile Placement and Aftercare~~, one; Labor Department, two; South Carolina Law Enforcement Division, four; Legislative Audit Council, one; State Library, three; Department of Mental Health, three; Department of Mental Retardation, five; Ports Authority, one; Probation, Parole and Pardon Board, two; Public Service Commission, three; Reorganization Commission, one; Department of Social Services, two; Tax Commission, five; Board for Technical and Comprehensive Education, one; Department of Veterans' Affairs, one; Department of Vocational Rehabilitation, one; Water Resources Commission, one; Wildlife and Marine Resources Department, two.

~~(b)~~ (B) If any technical college ~~or center~~ offers a course in paralegal practice ~~such~~ the college ~~or center~~ shall be allowed two additional sets of the Code.

~~(c)~~ (C) All remaining copies of the Code may be sold or distributed in the best interest of the State as may be determined by the Legislative Council.

~~(d)~~ (D) The provisions of Sections 8-15-30 and 8-15-40 ~~of the 1976 Code shall~~ do not apply to members of the General Assembly, members of the Legislative Council and the Code Commissioner."

SECTION 8. Section 8-15-30 of the 1976 Code is amended to read:

"Section 8-15-30. The following procedures are to be followed in delivery of the respective publications:

(1) Each State and county officer entitled to receive a set of the Code, and Code Supplement~~, acts, journals or other such publication~~ shall file a written request with the director of the Legislative Council ~~a receipt acknowledging receipt of it~~ before such publication shall be delivered to him. Each officer receiving such publications shall keep them in his office where they may be used by the public, but this provision shall in nowise affect any of the duties now imposed by law on any officer. Provided, that delivery may be made in the discretion of the director of the Legislative Council by furnishing a direct mailing list to the publisher of such publications or by delivery to the clerks of court in the several counties with a list explaining to whom the publications should be delivered, and requiring the clerks of court, in such event, to give a receipt for the entire delivery."

(2) Each State and county officer entitled to receive journals and the acts and joint resolutions shall file a written request with the director of the Legislative Printing and Information Technology Resources (LPITR) before such publication shall be delivered to him. Each officer receiving such publications shall keep them in his office where they may be used by the public, but this provision shall in nowise affect any of the duties now imposed by law on any officer. Provided, that delivery may be made in the discretion of the director of LPITR by furnishing a direct mailing list to the publisher of such publications or by delivery to the clerks of court in the several counties with a list explaining to whom the publications should be delivered and requiring the clerks of court, in such event, to give a receipt for the entire delivery."

SECTION 9. Section 11-25-610 of the 1976 Code is amended to read:

"Section 11-25-610. A sufficient number of the House and Senate journals for use of the members of the General Assembly, for the Legislative Council to make exchanges with other states and to make other necessary distributions shall be printed and bound in a good and substantial manner. The Clerk of the Senate and the Clerk of the House of Representatives ~~may have this done immediately upon the close of the session or as soon thereafter as practicable~~ shall determine the number of House and Senate journals to be printed and bound for use by the General Assembly and for such other persons who are required by law to receive them or anyone who subscribes for them. The clerks shall distribute the permanent journals to their respective bodies as soon after the close of the session as is practicable. LPITR shall furnish, upon application of the Code Commissioner and approval of the Clerks of the House and Senate, a sufficient number of permanent House and Senate journals to the Legislative Council for its own uses and for the purpose of exchange with other legislative libraries."

SECTION 10. Section 11-25-620 of the 1976 Code is amended to read:

"Section 11-25-620. The Office of Legislative Printing and Information Technology Resources is directed to distribute the acts and joint resolutions in accordance with Section 11-25-640 in such manner as it deems appropriate. Upon completion of the permanent work, the printers shall deliver the bound volumes to the Legislative Council which shall deliver five copies of the Senate journal to the Clerk of the Senate and five copies of the House journal to the Clerk of the House of Representatives. The Council shall distribute a copy of each journal to each member of the General Assembly and shall make exchanges with other states. Any remaining copies may be distributed or sold by the Council as it sees fit. " SECTION 11. Section 11-25-640 of the 1976 Code is amended to read:

"Section 11-25-640. Copies of the acts and joint resolutions shall be distributed as follows:

(1) To each family court and circuit court judge, one copy;

(2) To each solicitor, one copy;

(3) To each clerk of court, one copy;

(4) To each judge of probate, one copy;

(5) To each county sheriff, one copy;

(6) To each county auditor, one copy;

(7) To each county treasurer, one copy;

(8) To each county superintendent of education, one copy;

(9) To each county supervisor, one copy;

~~(10) To the Supreme Court at Columbia and to the Court of Appeals at Columbia, one copy to each court;~~

(10) To each justice of the Supreme Court and to each judge of the Court of Appeals at Columbia, one copy;

(11) To each magistrate in the State, one copy;

(12) To each master, one copy;

(13) To ~~each professor and instructor at~~ the law school of the University of South Carolina, ~~one~~ twenty ~~copy~~ copies;

(14) To each of the ~~chartered~~ state supported colleges and universities of the State, one copy;

(15) To the ~~library of the General Assembly,~~ Legislative Council, ~~one hundred and fifty~~ twenty-five copies;

~~(16) To the University of South Carolina, two copies;~~

~~(17)~~ (16) To the Charleston library, two copies;

~~(18)~~ (17) To the governor of each state of the Union, for the use of the state, one copy;

~~(19)~~ (18) To the ~~legislature~~ legislative library of each state, one copy;

~~(20)~~ (19) To the legislative council of the province of Quebec, Canada, one copy;

~~(21) To each head of a department at Washington, for the use of his department, one copy;~~ (20) To the Congressional Research Service, five copies;

~~(22)~~ (21) To the libraries of Harvard University, Princeton University, Yale University and the Universities of Alabama, Georgia, Gottingen, Heidelberg, North Carolina, the South and Virginia, one copy each;

~~(23)~~ (22) To the Athenaeum, Boston, and to the Athenaeum, Philadelphia, one copy each;

~~(24)~~ (23) To the committee of public records, London, one copy;

~~(25)~~ (24) To the London museum, one copy;

~~(26)~~ (25) To the British Museum, London, W. C. 1, one copy;

~~(27)~~ (26) To the King's Library, in Paris, one copy;

~~(28)~~ (27) To the royal library at Berlin, one copy;

~~(29)~~ (28) To the historical societies of South Carolina, Maryland, New York, Pennsylvania and Virginia, each one copy;

~~(30)~~ (29) To each county attorney, one paperback copy; and,

~~(31) To each county solicitor; and~~

~~(32) To the judges of juvenile and domestic relations courts.~~

(30) To the Clerks of the House and Senate, such number as they shall request for the use of the committees of the respective bodies."

SECTION 12. Sections 2-13-190, 2-13-200, 11-25-660, and 11-25-670 of the 1976 Code are hereby repealed.

SECTION 13. Sections 2, 5, and 6 of this act shall take effect January 1, 1991. The remaining sections shall take effect upon approval by the Governor./

Renumber sections appropriately.

Amend title to conform.

Senator POPE explained the amendment.

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

READ THE SECOND TIME

H. 3931 -- Reps. Cole, Ferguson, Lanford, Littlejohn, Bruce and Wells: A BILL TO AMEND SECTION 29-3-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTRY OF RELEASE OF MORTGAGE ON LAND SOLD IN A FORECLOSURE SALE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND TO REQUIRE THE OFFICER OF THE COURT MAKING THE SALE TO CAUSE TO BE RECORDED IN THE OFFICE WHERE THE FORECLOSED MORTGAGE IS RECORDED A RELEASE, CANCELLATION, AND SATISFACTION OF THE LIEN IN THE PRESCRIBED FORM; TO AMEND SECTION 29-3-790, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE FORM OF RELEASE OF THE LIEN, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND TO PROVIDE THAT THE RELEASE, CANCELLATION, AND SATISFACTION OF LIEN REQUIRED UNDER SECTION 29-3-780 MUST BE MADE IN WRITING AND SIGNED BY THE OFFICER AND MUST BE SET FORTH IN A SPECIFIED FORM; AND TO REPEAL SECTION 45-97.1, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE PROVISION OF LAW THAT SECTION 45-97 OF THE 1962 CODE (THE MARKING OF SATISFACTION OF FORECLOSED MORTGAGES) DOES NOT APPLY IN SPARTANBURG COUNTY.

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

Senator LEE explained the Bill.

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

AMENDMENT PROPOSED, OBJECTION

H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

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

Senator LEATHERMAN proposed the following amendment (Doc. No. 1706X):

Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Chapter 7, Title 58 of the 1976 Code is amended by adding:

"Section 58-7-25. (A) If the property, or any portion of it, condemned by a corporation engaged in the business of supplying sewerage service, pursuant to the provisions of this chapter, is not used for the purpose for which it was condemned within a five-year period from the date it was condemned, the former owner has the right to repurchase the property from the corporation upon payment of the original purchase price plus the rate of interest on decrees and judgments pursuant to Section 34-31-20(B).

(B) Unless the former owner exercises his right to repurchase this property within a period of one year from the expiration of the five-year period as provided in subsection (A), the right to repurchase ceases when the corporation gives the former owner ninety days' notice that the right will expire at the end of the ninety-day period."/

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Senator WILLIAMS objected to further consideration of the Bill.

OBJECTION

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.

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

Senator LONG explained the Bill.

Senator LEATHERMAN objected to further consideration of the Bill.

OBJECTION

S. 1437 -- Senators Hinson, McConnell, Mullinax, Mitchell, Giese, Setzler, Williams, Macaulay, Shealy, Martschink, Long, Holland, Wilson, Rose, J. Verne Smith, Pope, Passailaigue, Moore, O'Dell, McGill, Patterson, Fielding, Hinds, Russell, Matthews, Helmly, Leventis and McLeod: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE SAFETY BELTS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A VIOLATION TO BE CHARGED WHEN A PERSON IS STOPPED FOR A DRIVER'S LICENSE OR REGISTRATION CHECK AT A CHECKPOINT.

Senator HINSON asked unanimous consent to take the Bill up for immediate consideration.

Senator BRYAN objected.

REFERRED

S. 1550 -- Senator Stilwell: A BILL TO AMEND ACT 916 OF 1970, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO AUTHORIZE THE EMPLOYMENT OF FIREMEN AND OTHER EMPLOYEES IN ADDITION TO SELECTING VOLUNTEER FIREMEN.

On motion of Senator STILWELL, the Bill was referred to the Local Delegation.

Senator LEATHERMAN moved that the Senate stand adjourned.

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

AYES

Fielding                  Helmly                    Hinson
Holland                   Leatherman                Lee
McConnell                 McGill                    Moore
Mullinax                  O'Dell                    Passailaigue
Peeler                    Shealy                    Smith, J.V.
Smith, N.W.               Thomas                    Williams
Wilson

Total--19

NAYS

Bryan                     Courson                   Gilbert
Hayes                     Hinds                     Leventis
Long                      Macaulay                  Martschink
Matthews                  Mitchell                  Patterson
Pope                      Rose                      Saleeby
Stilwell

Total--16

The Senate adjourned.

ADJOURNMENT

At 4:26 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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