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 St. Paul to the Galatians (6:2):
"Bear ye one another's burdens, and
So fulfill the law of Christ."
Let us pray.
For a successful flight into space by Thy servant, our fellow South Carolinian, Charles Bolden and his crew, we give Thee thanks. May the knowledge learned in space help us live a better life on our planet.
Eternal Father, we return to these halls of State burdened with the realization that the demands and responsibilities of these days defy fulfillment.
We know that there are not many questions that have clear-cut right answers. There is so much gray area. But we pray that amidst so much confusion we may be able to act, together, responsibly, and fairly... under the circumstances.
We thank Thee for the faith to believe that when we come to the end of our tether we can look up, and listen, and hear anew the words of St. Paul,
"Bear ye one another's burdens"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 26, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
6th Congressional District:
Mr. Franklin Martin Stallings, 734 Charlotte Road, Myrtle Beach, South Carolina 29577 VICE Mr. Frank E. Cain
Referred to the General Committee.
April 26, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, State Board of Corrections, with term to expire June 30, 1996:
6th Congressional District:
Mr. Robert Mitchell Harrellson, 116 State Street, Mullins, South Carolina 29574 VICE Eugene N. Ziegler
Referred to the Committee on Corrections and Penology.
April 26, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1996:
6th Congressional District:
Mrs. Margaret Licia Stone, 2012 Brockington Circle, Florence, South Carolina 29501 VICE Mr. Banks Scarborough
Referred to the Committee on Education.
April 24, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Beaufort County Magistrate, with term to expire April 30, 1994:
Francis A. Burn, Post Office Box 9, Daufuskie Island, South Carolina 29915
April 30, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, McCormick County Magistrate, with term to expire April 30, 1994:
Honorable Jake Oliver Trantham, Route 1, Box 2 FA, McCormick, South Carolina 29835
April 30, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, McCormick County Magistrate, with term to expire April 30, 1994:
June Hughes Davis, Post Office Box 167, Plum Branch, South Carolina 29845
April 24, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Beaufort County Magistrate, with term to expire April 30, 1994:
Mr. Booker Taliferro Washington, Route 1, Box 124, Yemassee, South Carolina 29934
The following was received.
Document No. 1183
Promulgated By Coastal Council
Beach/Dune Critical Area Management
Received by Lt. Governor January 12, 1990
Referred to Senate Committee on Agriculture and Natural Resources
120 day expiration date May 12, 1990
Withdrawn April 30, 1990
Senator LOURIE introduced Dr. Mitchell J. Wolin of Columbia, Doctor of the Day.
S. 1571 -- Senators J. Verne Smith, Bryan, Mitchell, Stilwell and Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE NIC FARMER OF GREENVILLE FOR WINNING THE INDIVIDUAL MALE COMPETITION AT THE REEBOK NATIONAL AEROBIC CHAMPIONSHIP.
Returned with concurrence.
Received as information.
S. 1572 -- Senators Lourie, Wilson and Giese: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HIS EXCELLENCY VACLAV HAVEL ON HIS ELECTION AS PRESIDENT OF THE CZECH AND SLOVAK FEDERATIVE REPUBLIC.
Returned with concurrence.
Received as information.
H. 4958 -- Reps. Wilkins, Sharpe, G. Bailey, Rama, Hallman, Nettles, Wofford, Wells, H. Brown, McGinnis and Mappus: A BILL TO AMEND SECTION 24-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITNESSES AT AN EXECUTION UNDER THE DIRECTION OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, SO AS TO REVISE THE PROVISIONS PERTAINING TO WHO MAY SERVE AS A WITNESS, PROVIDE FOR THE PROMULGATION OF REGULATIONS, AND PROHIBIT AUDIO RECORDERS, CAMERAS, AND RECORDING DEVICES IN THE CAPITAL PUNISHMENT FACILITY DURING AN EXECUTION.
On motion of Senator HAYES, with unanimous consent, the Bill was recalled from the Committee on Corrections and Penology.
On motion of Senator HAYES, the Bill was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1578 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW MEMORIAL FOUNDATION, INC., IN HORRY COUNTY AND TO REPEAL AN ACT OF 1990 WHICH RESTORED THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
Read the first time and referred to the Committee on Judiciary.
S. 1579 -- Senators J. Verne Smith, Bryan, Mitchell, Thomas and Stilwell: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREENVILLE COUNTY SHERIFF'S OFFICE AND SHERIFF JOHNNY MACK BROWN UPON THE SHERIFF'S OFFICE BECOMING THE FIRST LAW ENFORCEMENT AGENCY IN SOUTH CAROLINA TO RECEIVE ACCREDITATION FROM THE COMMISSION ON ACCREDITATION OF LAW ENFORCEMENT AGENCIES, INC.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1580 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MARTHA JO MCGLOTHLIN OF MONCKS CORNER IN BERKELEY COUNTY AS SHE LEAVES HER POSITION OF SERVICE ON THE SOUTH CAROLINA CHILDREN'S FOSTER CARE REVIEW BOARD, TO THANK HER FOR HER CONTRIBUTION TO THE QUALITY OF LIFE OF OUR STATE'S CHILDREN, AND TO WISH HER WELL IN HER FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1581 -- Senators Wilson, Shealy, Setzler, Courson and McConnell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE THADDEUS PATRICK RAINES, JR., OF CAYCE IN LEXINGTON COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1582 -- Senator Land: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF LEE COUNTY PROBATE JUDGE AND FORMER LONG-TIME MAGISTRATE TOM DUBOSE WHO DIED SATURDAY, APRIL 14, 1990.
On motion of Senator LAND, with unanimous consent, the Senate Resolution was adopted.
S. 1583 -- Senator Land: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. JESSE A. MALLETT OF HILTON HEAD WHO DIED MONDAY, APRIL 16, 1990.
On motion of Senator LAND, with unanimous consent, the Senate Resolution was adopted.
H. 5069 -- Reps. Koon, Derrick, Felder, Klapman, Sharpe, Sturkie and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. JAMES STANLEY LIVERMAN OF LEXINGTON, UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5070 -- Reps. Taylor, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Harrison, McBride, Quinn, T. Rogers and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE SHAMROCK BASKETBALL TEAM AND ITS PLAYERS AND COACHES FOR WINNING THE 1990 STATE CLASS AAAA BASKETBALL CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4584 -- Charleston Delegation: A JOINT RESOLUTION TO AUTHORIZE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO BORROW NOT MORE THAN TWO HUNDRED TEN THOUSAND DOLLARS FROM THE STATE BUDGET AND CONTROL BOARD STATE-OWNED PROPERTY RENT ACCOUNT AND TO PROVIDE REPAYMENT TERMS.
Read the first time and on motion of Senator WADDELL, with unanimous consent, was ordered placed on the Calendar without reference.
H. 5011 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO TRAFFIC, PARKING, AND REGISTRATION OF MOTOR VEHICLES, COLUMBIA CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5012 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO INCREASE SPEED LIMIT AT THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1201, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 5053 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO NAME THE S.C. 9 BRIDGE CROSSING THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "SENATOR ROGER C. SCOTT MEMORIAL BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
Read the first time and referred to the Committee on Transportation.
H. 5061 -- Rep. Kinon: A BILL TO DESIGNATE A ROAD IN DILLON COUNTY AS "JUNE SCOTT BOULEVARD".
Read the first time and referred to the Committee on Transportation.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3130 -- Rep. McEachin: A BILL TO AMEND SECTION 40-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OR REGISTRATION OF DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO REVISE AND LIMIT THE AMOUNT OF THE ANNUAL LICENSE OR REGISTRATION FEE WHICH MAY BE CHARGED BY THE STATE BOARD OF DENTISTRY.
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.
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.
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.
The following Bill having been read the second time was passed and ordered to a third reading:
H. 4927 -- Reps. Kay, Carnell and Townsend: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ABBEVILLE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ABBEVILLE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, TO PROVIDE FOR A DIRECTOR AND AN ASSISTANT FOR THE COMMISSION, AND PROVIDE A TRANSITION PERIOD.
On motion of Senator O'DELL, H. 4927 was ordered to receive a third reading on Wednesday, May 2, 1990.
The following Bill was carried over:
S. 1276 -- Senators Nell W. Smith, Helmly, Leatherman, Martschink, Moore, Setzler, Waddell, Wilson, Peeler, Giese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120, SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A NURSE-STUDENT RATIO OF AT LEAST ONE NURSE TO EVERY TWO THOUSAND STUDENTS BY SCHOOL YEAR 1991-92, AND TO PROVIDE FOR A FUNDING PLAN TO BE DEVELOPED BY THE STATE DEPARTMENT OF EDUCATION TO SUPPLEMENT THE FUNDS AVAILABLE TO THE SCHOOL DISTRICTS TO IMPLEMENT THE ABOVE PROVISIONS.
(On motion of Senator STILWELL)
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:45 P.M. and the following Acts and Joint Resolutions were ratified:
(R528) S. 1475 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 31-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE STATE HUMAN AFFAIRS COMMISSION TO ADMINISTER THE PROVISIONS OF THE SOUTH CAROLINA FAIR HOUSING LAW, SO AS TO PROVIDE THAT AN AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MAY INCLUDE PROVISIONS UNDER WHICH THE DEPARTMENT SHALL REFRAIN FROM PROCESSING A CHARGE IN ANY CLASS SPECIFIED IN THE AGREEMENT; TO AMEND SECTION 31-21-120, RELATING TO THE PROCESSING AND HANDLING OF COMPLAINTS UNDER THE FAIR HOUSING LAW, SO AS TO PROVIDE THAT COMPLAINANTS REFERRED TO THE COMMISSION BY THE DEPARTMENT MAY NOT BE REFERRED BY THE COMMISSION TO A LOCAL AGENCY AND DELETE A PROVISION CONCERNING WHEN THE COMMISSION IS UNABLE TO OBTAIN VOLUNTARY COMPLIANCE WITH THE FAIR HOUSING LAW; AND TO AMEND SECTION 31-21-130, RELATING TO THE INVESTIGATOR'S REPORT AND RECOMMENDATION UPON COMPLETION OF HIS INVESTIGATION AND THE PROCEDURE FOLLOWING THE SUBMISSION OF THIS REPORT, SO AS TO CHANGE THE TIME PERIOD IN WHICH AN ACTION MAY BE BROUGHT AGAINST THE RESPONDENT IF THE ORDER IS FOR DISMISSAL, PROVIDE THAT IF AN ELECTION IS MADE FOR A CIVIL ACTION THE COMMISSIONER OF THE STATE HUMAN AFFAIRS COMMISSION SHALL, WITHIN THIRTY DAYS FROM THE DATE OF ELECTION, COMMENCE A CIVIL ACTION ON BEHALF OF THE AGGRIEVED PERSON, AND REQUIRE THAT IF THE PANEL FINDS THAT THE RESPONDENT HAS ENGAGED IN AN UNLAWFUL DISCRIMINATORY PRACTICE IT SHALL STATE ITS FINDINGS OF FACT AND SERVE THE COMPLAINANT IN ADDITION TO THE RESPONDENT AN OPINION AND ORDER FOR APPROPRIATE RELIEF; AND TO AMEND SECTION 31-21-140, RELATING TO THE TIME WITHIN WHICH A CIVIL ACTION MUST BE COMMENCED UNDER THE PROVISIONS OF THE FAIR HOUSING LAW, SO AS TO DELETE THE REQUIREMENT THAT THE COURT SHALL CONTINUE A CIVIL CASE BROUGHT PURSUANT TO THE PROVISIONS OF SECTION 31-21-120 IF THE COURT BELIEVES THAT THE CONCILIATION EFFORTS ARE LIKELY TO RESULT IN A SATISFACTORY SETTLEMENT OF THE DISCRIMINATORY HOUSING PRACTICES COMPLAINED OF IN THE COMPLAINT AND PROVIDE THAT A CIVIL ACTION MAY BE COMMENCED BY AN AGGRIEVED PERSON WHETHER OR NOT A COMPLAINT HAS BEEN FILED WITH THE COMMISSION.
(R529) S. 1529 -- Senators Hayes, Hinson and Peeler: AN ACT TO AMEND ACT 292 OF 1987, AS AMENDED, RELATING TO THE AUTHORIZED TAX MILLAGE FOR SCHOOL PURPOSES IN YORK COUNTY, SO AS TO INCREASE THIS AUTHORIZED MILLAGE, AND TO INCREASE THE AMOUNT OF MILLAGE WHICH THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN YORK COUNTY MAY LEVY OVER THAT OF THE PREVIOUS YEAR WITHOUT APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM.
(R530) S. 1318 -- Senator Williams: AN ACT TO AMEND SECTION 33-2-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLES OF INCORPORATION, SO AS TO REVISE WHAT THE ARTICLES MUST SET FORTH; TO AMEND SECTION 33-4-101, RELATING TO CORPORATE NAMES, SO AS TO FURTHER PROVIDE FOR THOSE THINGS FROM WHICH A CORPORATE NAME MUST BE DISTINGUISHABLE AND FOR THE EXCEPTIONS TO THESE CORPORATE NAME REQUIREMENTS; TO AMEND SECTION 33-7-280, RELATING TO VOTING FOR DIRECTORS AND CUMULATIVE VOTING, SO AS TO PROVIDE FOR THE CIRCUMSTANCES WHEN THE ARTICLES OF A CORPORATION MAY NOT BE AMENDED TO REMOVE CUMULATIVE VOTING; TO AMEND SECTION 33-8-310, RELATING TO DIRECTOR OR OFFICER CONFLICTS OF INTEREST, SO AS TO FURTHER PROVIDE FOR THOSE SITUATIONS WHERE A CONFLICT OF INTEREST TRANSACTION IS NOT VOIDABLE BY THE CORPORATION; TO AMEND SECTION 33-15-101, RELATING TO A FOREIGN CORPORATION'S AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO FURTHER PROVIDE FOR THIS AUTHORITY; TO AMEND SECTION 33-15-103, RELATING TO AN APPLICATION BY A FOREIGN CORPORATION FOR A CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO REVISE WHAT THE APPLICATION MUST SET FORTH; TO AMEND ARTICLE 7, CHAPTER 19 OF TITLE 33, RELATING TO MISCELLANEOUS REGULATORY PROVISIONS, SO AS TO DELETE CERTAIN REQUIREMENTS FOR DOMESTIC AND FOREIGN PROFESSIONAL CORPORATIONS TO DO BUSINESS IN THIS STATE AND TO DELETE THE REQUIREMENT THAT ANNUAL QUALIFICATION STATEMENTS MUST BE FILED; TO AMEND SECTION 33-20-105, RELATING TO SAVINGS PROVISIONS IN THE CORPORATE CODE, SO AS TO FURTHER PROVIDE FOR THESE SAVINGS PROVISIONS; TO AMEND SECTION 35-2-104, RELATING TO THE DEFINITION OF AN "ISSUING PUBLIC CORPORATION" FOR PURPOSES OF CONTROL SHARE ACQUISITION PROVISIONS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 35-2-213, RELATING TO THE DEFINITION OF "RESIDENT DOMESTIC CORPORATION" FOR PURPOSES OF BUSINESS COMBINATION PROVISIONS, SO AS TO REVISE THIS DEFINITION; AND TO AMEND SECTION 35-2-224, RELATING TO THE APPLICABILITY OF BUSINESS COMBINATION PROVISIONS TO FOREIGN CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY.
(R531) S. 931 -- Senators McLeod, Lourie, Nell W. Smith, Mullinax and Hinson: AN ACT TO AMEND SECTION 43-30-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CLIENT-PATIENT PROTECTION ACT, SO AS TO DEFINE THE NEGLECT OF A CLIENT-PATIENT'S HEALTH OR WELFARE AND EXPLOITATION AND TO CHANGE THE REFERENCE TO PATIENT TO CLIENT-PATIENT; SECTION 43-30-30, RELATING TO THE PURPOSE OF THE ACT, SO AS TO INCLUDE IN THE PURPOSE PROVISIONS FOR CHILDREN TO BE SAVED FROM NEGLECT AND EXPLOITATION; SECTION 43-30-40, RELATING TO REPORTS OF ABUSE OR NEGLECT TO THE STATE LAW ENFORCEMENT DIVISION, OMBUDSMAN, OR SOLICITOR, SO AS TO INCLUDE REPORTS OF EXPLOITATION; SECTION 43-30-50, RELATING TO REPORTS OF ABUSE OR NEGLECT RESULTING IN DEATH, SO AS TO CONFORM A REFERENCE TO INCLUDE NEGLECT AS WELL AS ABUSE; AND SECTION 43-30-100, RELATING TO PENALTIES UNDER THE ACT, SO AS TO PROVIDE FOR THE OFFENSES OF NEGLECTING AND EXPLOITING A CLIENT OR PATIENT.
(R532) 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.
(R533) S. 1256 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE BOARD OF COSMETOLOGY, RELATING TO LICENSURE AND OPERATION OF COSMETOLOGY, MANICURE AND ESTHETICS SALONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R534) S. 919 -- Senators Courson, Rose and Giese: AN ACT TO AMEND SECTION 20-7-3300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES, SO AS TO PROVIDE THE REQUIREMENTS FOR RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL.
(R535) S. 1183 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: AN ACT TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.
(R536) S. 1514 -- Senators Setzler, Hayes and Moore: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT SCHOOL BUS TRANSPORTATION STUDY COMMITTEE SHALL SELECT UP TO SIX PILOT PROJECTS AUTHORIZED PURSUANT TO THE PROVISIONS OF PART III, ACT 189 OF 1989 BY APRIL 15, 1990.
(R537) S. 1166 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: AN ACT TO AMEND SECTION 43-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES GOVERNING CUSTODY AND USE OF RECORDS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROMULGATE REGULATIONS TO COMPLY WITH FEDERAL REQUIREMENTS ON THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS; TO AMEND SECTION 43-1-160, RELATING TO THE DISCLOSURE OF NAMES OF PERSONS RECEIVING PUBLIC ASSISTANCE TO BE PUBLIC RECORDS, SO AS TO PROHIBIT RELEASE OF THIS INFORMATION; TO AMEND SECTION 44-6-190, RELATING TO THE APPLICABILITY OF THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS COMPLYING WITH FEDERAL REQUIREMENTS TO LIMIT THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS TO PURPOSES DIRECTLY CONNECTED WITH THE ADMINISTRATION OF MEDICAID.
(R538) S. 911 -- Senators Moore, Holland, Rose, Hinson and Giese: AN ACT 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 HIS SOCIAL SECURITY NUMBER, TO PROVIDE THAT THE SOCIAL SECURITY NUMBER MAY BE OBTAINED FROM OTHER SOURCES, AND TO PROVIDE THAT THE PERSON'S DRIVER'S LICENSE NUMBER MAY BE HIS SOCIAL SECURITY NUMBER.
(R539) S. 1252 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA SOCIAL WORKERS EXAMINERS BOARD FOR SIX YEARS; TO AMEND SECTION 40-63-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF SOCIAL WORKERS, SO AS TO DELETE RESIDENCY AND EMPLOYMENT RESTRICTIONS AS REQUIREMENTS FOR LICENSURE; AND TO AMEND SECTION 40-63-110, RELATING TO DISCIPLINARY ACTION AGAINST SOCIAL WORKERS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS USED A SOLICITOR OR PEDDLERS, CAPPERS, OR STEERERS TO OBTAIN PATRONAGE.
(R540) S. 1241 -- Senators Nell W. Smith, Hayes and Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9 TO ARTICLE 13, CHAPTER 7, TITLE 20 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE AND FOR PENALTIES.
(R541) S. 1268 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48, THE SOUTH CAROLINA MINING ACT.
(R542) S. 1223 -- Senators Moore, Nell W. Smith and Hayes: AN ACT TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
(R543) S. 1202 -- Education Committee: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 102 SO AS TO PROVIDE FOR THE REGULATION OF AGENT CONTRACTS AND OTHER ACTIVITIES AND RELATIONS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES, TO PROVIDE FOR THE REGISTRATION OF ATHLETE AGENTS, TO REQUIRE STUDENT ATHLETES TO PROVIDE WRITTEN NOTIFICATION TO CERTAIN PERSONS UPON ENTERING INTO A CONTRACT WITH AN ATHLETE AGENT, TO REQUIRE AGENT CONTRACTS BETWEEN ATHLETE AGENTS AND STUDENT ATHLETES TO CONTAIN CERTAIN WARNING PROVISIONS, TO PROVIDE THAT FAILURE TO INCLUDE THE WARNING PROVISION RENDERS THE CONTRACT VOID, TO AUTHORIZE CIVIL DAMAGES FOR CERTAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 37-6-508, RELATING TO THE DEPUTY ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO AUTHORIZE THE DESIGNATION OF THOSE DEPUTIES AS THE ADMINISTRATOR OF THE DEPARTMENT DETERMINES NECESSARY; AND TO AMEND SECTION 16-1-10, RELATING TO THE LIST OF CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE OFFENSES IN CHAPTER 102 ABOVE WHICH ARE FELONIES TO THIS LIST.
(R544) S. 925 -- Senator Pope: AN ACT TO AMEND CHAPTER 15, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-15-615 SO AS TO PROVIDE THAT INDIVIDUALS, CORPORATIONS, PARTNERSHIPS, OR OTHER BUSINESS ENTITIES ARE NOT REQUIRED TO BE REPRESENTED BY AN ATTORNEY WHEN APPEARING IN A PROCEEDING BEFORE THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, BUT MAY APPEAR PRO SE.
(R545) S. 1125 -- Senator Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD MAY DEVELOP AN OPTIONAL LONG-TERM CARE INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES DEPENDING ON THE AVAILABILITY OF A QUALIFIED VENDOR; AND TO REPEAL SECTION 9-1-70 RELATING TO THE OPTIONAL LONG-TERM CARE INSURANCE PROGRAM.
(R546) S. 1108 -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR TAXABLE YEARS 1988 AND 1989 IS EXTENDED UNTIL JULY 1, 1990.
(R547) H. 3931 -- Reps. Cole, Ferguson, Lanford, Littlejohn, Bruce and Wells: AN ACT 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.
(R548) H. 5044 -- Rep. Jaskwhich: AN ACT 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.
(R549) H. 4263 -- Reps. Wilkins and Nettles: AN ACT TO REPEAL SECTION 14-7-1595, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF CERTAIN COUNTY GRAND JURY MATTERS.
(R550) 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.
(R551) H. 3983 -- Reps. Harvin, McLeod, Snow and Felder: AN ACT 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.
(R552) H. 4775 -- Labor, Commerce and Industry Committee: AN ACT 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 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.
(R553) H. 3791 -- Reps. J. Rogers and Huff: AN ACT 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".
(R554) H. 4783 -- Rep. McTeer: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANDY RUN CEMETERY ASSOCIATION IN HAMPTON COUNTY.
(R555) H. 4809 -- Rep. Rhoad: AN ACT TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.
(R556) H. 4871 -- Reps. R. Brown, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Blanding, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Hallman, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Keyserling, Kinon, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Short, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Washington, Wells, White, Wilkes, Wilkins, J. Williams, Winstead, Wofford and Wright: AN ACT TO AMEND SECTIONS 38-43-200 AND 38-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO PERMIT THE PAYMENT OF A FEE TO A TRADE OR PROFESSIONAL ASSOCIATION EXEMPT FROM INCOME TAX UNDER THE INTERNAL REVENUE CODE.
(R557) H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: AN ACT TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT, RETIREMENT ALLOWANCE, DISABILITY RETIREMENT, AND BENEFICIARIES CONCERNING JUDGES AND SOLICITORS, SO AS TO PROVIDE FOR A MONTHLY RETIREMENT ALLOWANCE FOR A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO RETIRES AFTER JUNE 30, 1990, AND WHO HAS COMPLETED AT LEAST TWENTY-FIVE YEARS OF CREDITED SERVICE; AND TO AMEND SECTION 9-8-120, RELATING TO THE PROVISION THAT NO JUSTICE OR JUDGE, WHILE DRAWING RETIREMENT COMPENSATION, MAY ENGAGE IN THE PRACTICE OF LAW UNDER CERTAIN CONDITIONS, SO AS TO DELETE THIS PROHIBITION AND PROVIDE THAT A JUSTICE OR JUDGE DRAWING RETIREMENT COMPENSATION WHO ENGAGES IN THE PRACTICE OF LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
(R558) H. 4244 -- Reps. Wilder, Baxley and Corning: AN ACT TO CREATE A JOINT COMMITTEE TO STUDY PROBLEMS OF PERSONS WITH DISABILITIES.
(R559) H. 4392 -- Rep. Wilder: AN ACT TO AUTHORIZE BLACKVILLE SCHOOL DISTRICT 19 OF BARNWELL COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS, PROHIBIT THE DENIAL OF A STUDENT TO ATTEND SCHOOL FOR FAILURE TO PAY THESE FEES, AND PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator POPE, with unanimous consent, the amendment proposed by the Committee on Judiciary was carried over.
Senator POPE proposed the following amendment (Doc. No. 3508J), which was carried over and later withdrawn:
Amend the bill, as and if amended, by striking all after the title and inserting therein:
/Whereas, the General Assembly finds that the use of asbestos-containing materials in public buildings in South Carolina has led to unique health-related environmental problems of unprecedented number, size, and scope that call for taking aggressive action in the public interest to protect persons seeking redress in South Carolina courts based on asbestos-related claims; and
Whereas, asbestos-containing materials have been sold to public building owners in South Carolina by various manufacturers and suppliers of these products; and
Whereas, substantial amounts of asbestos-containing materials, particularly in sprayed form, have been used in public buildings in South Carolina, especially between 1946 and 1972; and
Whereas, exposure to asbestos fibers has been identified over a long period of time and by reputable medical and scientific evidence as significantly increasing the incidence of cancer and other severe or fatal diseases; and
Whereas, medical science has not established any minimum level of exposure to asbestos fibers which is considered to be safe to individuals exposed to these fibers; and
Whereas, the presence of friable and potentially friable asbestos-containing materials in public buildings is potentially hazardous to the public health; and
Whereas, these asbestos-containing materials deteriorate with the passage of time causing contamination of property in public buildings; and
Whereas, upon certain renovations or at demolition, significant and expensive health-protective measures are required by federal law to minimize the release of fibers in asbestos-containing materials. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 3, Title 15 of the 1976 Code is amended by adding:
"Section 15-3-531. (A) Notwithstanding the provisions of Section 15-3-530 or any other provision of law, every action accruing before the effective date of this section against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any person to recover for (1) removal of asbestos or materials containing asbestos from any public building owned or used by the person, (2) other measures taken to correct or ameliorate any problem related to asbestos in the building, or (3) reimbursement for the removal, correction, or amelioration related to asbestos in the building, which might otherwise be barred prior to July 1, 1991, as a result of the expiration of the applicable period of limitation, is revived or extended and must be commenced, if not already commenced, no later than July 1, 1991.
(B) Notwithstanding the provisions of Section 15-3-530 or any other provision of law, actions to recover for those purposes specified in items (1), (2), and (3) of subsection (A) against manufacturers or suppliers of asbestos or material containing asbestos, accruing on or after the effective date of this section, must be brought within three years after the date on which the party seeking to recover has completed the abatement work or discovered the identity of the manufacturer of the materials which are abated, whichever is later.
(C) The provisions of this section may not be construed to imply that any action against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period."
SECTION 2. If the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall control.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator POPE argued in favor of the adoption of the amendment.
Senator MULLINAX asked unanimous consent to carry over the subsequent amendments individually proposed by the Senators POPE, J. VERNE SMITH, and SETZLER.
Senator POPE objected.
Senator POPE argued in favor of the adoption of the amendment.
On motion of Senator LINDSAY, with unanimous consent, Senator POPE retaining the floor, the authors of the two subsequent amendments were granted leave to explain their amendments.
Senator J. VERNE SMITH explained the amendment (Doc. No. 1416o):
Amend the bill, as and if amended, by striking /and private/ as contained on line 25 and lines 31 and 32 of page 1, and on line 3 and line 8 of page 2.
Amend the bill further, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Article 5, Chapter 3, Title 15 of the 1976 Code is amended by adding:
"Section 15-3-531. (A) Notwithstanding the provisions of Section 15-3-530 or any other provision of law, an action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of a county, municipality, school district, or housing authority, the State, or any other political subdivision of the State, referred to in this section as a public entity, to recover for (1) removal of asbestos or materials containing asbestos from a building owned or used by the public entity, (2) other measures taken to correct or ameliorate a problem related to asbestos in the building, or (3) reimbursement for the removal, correction, or amelioration related to asbestos in the building, accruing on or after the effective date of this section, must be brought within five years after the date on which the public entity seeking to recover has completed the abatement work or discovered the identity of the manufacturer of the materials which are abated, whichever is later.
(B) The provisions of this section must not be construed to imply that an action by a public entity against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period."/
Amend title to conform.
Senator SETZLER explained the amendment (Doc. No. 1393o):
Amend the bill, as and if amended, by striking all after the title and before the enacting words and inserting:
/Whereas, the General Assembly finds that the use of asbestos-containing materials in public buildings in South Carolina has led to unique health-related environmental problems of unprecedented number, size, and scope that call for taking aggressive action in the public interest to protect persons seeking redress in South Carolina courts based on asbestos-related claims; and
Whereas, asbestos-containing materials have been sold to public building owners in South Carolina by various manufacturers and suppliers of these products; and
Whereas, substantial amounts of asbestos-containing materials, particularly in sprayed form, have been used in public buildings in South Carolina, especially between 1946 and 1972; and
Whereas, exposure to asbestos fibers has been identified over a long period of time and by reputable medical and scientific evidence as significantly increasing the incidence of cancer and other severe or fatal diseases; and
Whereas, medical science has not established any minimum level of exposure to asbestos fibers which is considered to be safe to individuals exposed to these fibers; and
Whereas, the presence of friable and potentially friable asbestos-containing materials in public buildings is potentially hazardous to the public health; and
Whereas, these asbestos-containing materials deteriorate with the passage of time causing contamination of property in public buildings; and
Whereas, upon certain renovations or at demolition, significant and expensive health-protective measures are required by federal law to minimize the release of fibers in asbestos-containing materials. Now, therefore,/.
Amend the bill further, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 5, Chapter 3, Title 15 of the 1976 Code is amended by adding:
"Section 15-3-531. (A) Notwithstanding the provisions of Section 15-3-530 or any other provision of law, every action accruing before the effective date of this section against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any county, municipality, school district, housing authority or the State or any other political subdivision of the State, hereinafter referred to as a public entity, to recover for (1) removal of asbestos or materials containing asbestos from any building owned or used by the public entity, (2) other measures taken to correct or ameliorate any problem related to asbestos in the building, or (3) reimbursement for the removal, correction, or amelioration related to asbestos in the building, which might otherwise be barred prior to July 1, 1991, as a result of the expiration of the applicable period of limitation, is revived or extended and must be commenced, if not already commenced, no later than July 1, 1991.
(B) Notwithstanding the provisions of Section 15-3-530 or any other provision of law, actions to recover for those purposes specified in items (1), (2), and (3) of subsection (A) against manufacturers or suppliers of asbestos or material containing asbestos, accruing on or after the effective date of this section, must be brought within three years after the date on which the public entity seeking to recover has completed the abatement work or discovered the identity of the manufacturer of the materials which are abated, whichever is later.
(C) The provisions of this section may not be construed to imply that any action by a public entity against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period."
SECTION 2. If the provisions of Section 15-3-531 of the 1976 Code are inconsistent with the provisions of any other law, the provisions of this Section 15-3-531 shall control.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator POPE continued arguing in favor of the adoption of the amendment (Doc. No. 3508J).
Senator SETZLER asked unanimous consent with Senator POPE retaining the floor, to make a motion to adopt the amendment proposed by Senators POPE, J. VERNE SMITH and SETZLER; withdraw any remaining amendments on the desk; give the Bill a second reading today; and order it to be given a third reading on Wednesday, May 2, 1990.
Senator DRUMMOND objected.
Senator POPE argued in favor of the adoption of the amendment (Doc. No. 3508J).
Senator SETZLER asked unanimous consent with Senator POPE retaining the floor, to make a motion to adopt the amendment proposed by Senators POPE, J. VERNE SMITH, and SETZLER; withdraw any remaining amendments on the desk; give the Bill a second reading today; and place the Bill in the status of Special Order.
Senator DRUMMOND objected.
Senator POPE continued speaking on the amendment (Doc. No. 3508J).
Senator LINDSAY asked unanimous consent with Senator POPE retaining the floor, to make a motion to adopt the amendment proposed by Senators POPE, J. VERNE SMITH, and SETZLER and that the Senate stand adjourned.
Senator DRUMMOND objected.
On motion of Senator POPE, with unanimous consent, the amendment was carried over (Doc. No. 3508J).
Senator J. VERNE SMITH proposed the following amendment (Doc. No. 1416o), which was carried over.
On motion of Senator POPE, with unanimous consent, the amendment was carried over.
Senator SETZLER proposed the following amendment (Doc. No. 1393o), which was withdrawn.
On motion of Senator SETZLER, with unanimous consent, the amendment was withdrawn.
Senators POPE, J. VERNE SMITH, and SETZLER proposed the following amendment (Doc. No. 1421o), which was adopted:
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, the General Assembly finds that the use of asbestos-containing materials in public buildings in South Carolina has led to unique health-related environmental questions requiring a strong risk assessment monitoring program to protect the public interest; and
Whereas, asbestos-containing materials have been sold to public building owners in South Carolina by various manufacturers and suppliers of these products; and
Whereas, substantial amounts of asbestos-containing materials, particularly in sprayed form, have been used in public buildings in South Carolina, especially between 1946 and 1972; and
Whereas, exposure to asbestos fibers has been identified over a long period of time and by reputable medical and scientific evidence as significantly increasing the incidence of cancer and other severe or fatal diseases; and
Whereas, medical science has not established a minimum level of exposure to asbestos fibers which is considered to be safe to individuals exposed to these fibers; and
Whereas, the presence of friable and potentially friable asbestos-containing materials in public buildings is potentially hazardous to the public health; and
Whereas, these asbestos-containing materials deteriorate with the passage of time causing contamination of property in public buildings; and
Whereas, upon certain renovations or at demolition, significant and expensive health-protective measures are required by federal law to minimize the release of fibers in asbestos-containing materials. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 3, Title 15 of the 1976 Code is amended by adding:
"Section 15-3-531. (A) Notwithstanding the provisions of Section 15-3-530 or any other provision of law, an action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of a county, municipality, school district, or housing authority, the State, or any other political subdivision of the State, referred to in this section as a public entity, to recover for (1) removal of asbestos or materials containing asbestos from a building owned or used by the public entity, (2) other measures taken to correct or ameliorate a problem related to asbestos in the building, or (3) reimbursement for the removal, correction, or amelioration related to asbestos in the building, accruing on or after the effective date of this section, must be brought within five years after the date on which the public entity seeking to recover has completed the abatement work or discovered the identity of the manufacturer of the materials which are abated, whichever is later.
(B) The provisions of this section must not be construed to imply that an action by a public entity against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period.
(C) If the provisions of Chapter 3 of Title 15 are inconsistent with any other provision of law, the provisions of Chapter 3 control."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator POPE explained the amendment.
At 1:34 P.M., on motion of Senator POPE, with Senator POPE retaining the floor, the Senate receded from business not to exceed five minutes.
At 1:39 P.M., the Senate resumed.
Senator POPE continued explaining the amendment.
Senator POPE moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator POPE, with unanimous consent, the amendment (Doc. No. 3508J) proposed by Senator POPE and previously carried over, was taken up for immediate consideration and withdrawn.
On motion of Senator J. VERNE SMITH, with unanimous consent, the amendment (Doc. No. 1416o) proposed by Senator J. VERNE SMITH and previously carried over, was taken up for immediate consideration and withdrawn.
On motion of Senator POPE, with unanimous consent, the amendment (Doc. No. 2840J) proposed by the Committee on Judiciary was taken up for immediate consideration and withdrawn:
Amend the bill, as and if amended, page 1, line 23, by inserting the following:
/Whereas, the General Assembly finds that the use of asbestos-containing materials in public and private buildings in South Carolina has led to unique health-related environmental problems of unprecedented number, size, and scope that call for taking aggressive action in the public interest to protect persons seeking redress in South Carolina courts based on asbestos-related claims; and/
Amend the bill further, as and if amended, page 2, line 30, by inserting /the necessary/ before /removal/ in Section 15-3-531(A), as contained in SECTION 1.
Amend the bill further, as and if amended, page 2, line 35, by inserting /necessary/ before /removal/ in Section 15-3-531(A), as contained in SECTION 1.
Amend the bill further, as and if amended, page 3, line 5, in Section 15-3-531(B), as contained in SECTION 1, by striking the word /five/ and inserting /three/ .
Amend the bill further, as and if amended, page 3, line 7, by inserting /necessary/ before /abatement/ in Section 15-3-531(B), as contained in SECTION 1.
Amend the bill further, as and if amended, page 3, line 16, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. If the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall control./
Amend title to conform.
The question then was second reading of the Bill.
Senator DRUMMOND argued contra to second reading of the Bill.
On motion of Senator WILLIAMS, with unanimous consent, Senator DRUMMOND retaining the floor, the Senate receded from business until 3:30 P.M.
Debate was interrupted by recess, Senator DRUMMOND retaining the floor.
At 2:05 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 3:30 P.M.
At 3:37 P.M., the Senate resumed.
Senator MOORE, from the Committee on Invitations, submitted favorable report on:
An invitation from the John Guest Evangelistic Crusade to attend a legislative breakfast at the Capitol City Club on Wednesday, May 9, 1990, beginning at 8:00 A.M.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Appointment, Member, Commission on Women At Large, with term to expire October 18, 1993:
Carolyn B. Matalene, Ph.D., 326 Harden Street, Columbia, South Carolina 29205
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
5th Congressional District:
Mr. Craig Drennon, 1008 College Drive, Gaffney, South Carolina 29340 VICE Mr. Edward Newton
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Appointment, Member, South Carolina Commission on Aging, with term to expire June 30, 1993:
4th Congressional District:
Mr. Charles Dexter LeGrand, 108 Aberdeen Drive, Greenville, South Carolina 29605 VICE Mr. Tom Stilwell (resigned)
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Reappointment, Member, South Carolina Commission on Archives and History S.C. Historical Society, with term to expire June 30, 1995:
George C. Rogers, Jr., Ph.D., 1819 Seneca Avenue, Columbia, South Carolina 29205
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Reappointment, Member, South Carolina Commission on Archives and History American Legion, with term to expire June 30, 1995:
Mr. David C. Bryan, Jr., 617 Twelfth Street, West Columbia, South Carolina 29169
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Reappointment, Member, South Carolina Commission on Archives and History South Carolina Historical Association, with term to expire June 30, 1995:
Archie Vernon Huff, Jr., Ph.D., 30 Glenrose Avenue, Greenville, South Carolina 29609
Columbia, S.C., April 19, 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. 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.
Very respectfully,
Speaker of the House
On motion of Senator LAND, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators LAND, J. VERNE SMITH and HINDS of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
On motion of Senator MOORE, 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.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Courson Drummond Fielding Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Peeler Pope Rose Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
S. 1530 -- Judiciary Committee: A BILL TO ENACT "THE OMNIBUS DRUG OFFENSES ACT OF 1990" SO AS TO AMEND SECTION 44-53-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "ICE" OR "CRANK"; TO AMEND SECTION 44-53-370(a), RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE DELIVERY, PURCHASE, OR ATTEMPTED MANUFACTURE, DISTRIBUTION, DISPENSING, DELIVERY, OR PURCHASE AS PROHIBITED ACTS; TO AMEND ITEM (e) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE THE CULTIVATION OR PURCHASE AND ATTEMPTED POSSESSION AS PROHIBITED ACTS; TO AMEND SUBITEM (e)(1) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF ONE HUNDRED TO ONE THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWENTY-FIVE THOUSAND DOLLARS, THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF MORE THAN ONE THOUSAND MARIJUANA PLANTS, BUT LESS THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF FIFTY THOUSAND DOLLARS, AND THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF TEN THOUSAND MARIJUANA PLANTS OR MORE THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A TERM OF IMPRISONMENT OF TWENTY-FIVE TO THIRTY YEARS WITH A MANDATORY MINIMUM TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWO HUNDRED THOUSAND DOLLARS; TO AMEND SECTION 44-53-375, RELATING TO PENALTIES FOR POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE, SO AS TO INCLUDE REFERENCES TO "ICE" AND "CRANK", TO PROHIBIT ATTEMPTED POSSESSION OF THESE SUBSTANCES, AND TO ADD A NEW OFFENSE KNOWN AS "TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE"; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-392 SO AS TO PROVIDE THAT THE TOTAL WEIGHT OF THE SUBSTANCE IN ITS PURE FORM OR AS A MIXTURE IS THE APPROPRIATE WEIGHT TO BE CONSIDERED FOR PURPOSES OF THIS ARTICLE; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A RADIUS OF ONE-HALF MILE OF A SCHOOL, SO AS TO EXPAND THE TERRITORIAL AREA IN WHICH A VIOLATION IS POSSIBLE; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND ITEM (6) OF SECTION 44-53-520(a), AS AMENDED, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES AND THEIR COMPOUNDS, SO AS TO ALLOW FOR THE FORFEITURE OF SUCH CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) OR SECTION 44-53-370(e); TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND CHAPTER 1, TITLE 56, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-745 SO AS TO REQUIRE THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE UPON A CONTROLLED SUBSTANCE CONVICTION UNDER CHAPTER 53 OF TITLE 44 AND TO PERMIT ISSUANCE OF A RESTRICTED TO AND FROM WORK LICENSE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN DRUG-RELATED OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
On motion of Senator HINDS, with unanimous consent, the time to make a motion to reconsider the vote whereby amendments were adopted was extended an additional day.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
The Senate resumed consideration of the Bill. The question being the second reading of the Bill.
Senator DRUMMOND continued arguing contra to second reading of the Bill.
Senator MACAULAY raised a Point of Order that under Jefferson's Manual, the Senator could not bring materials or papers to the podium and, further, that the Senator could not refer to any such materials.
Senator McCONNELL spoke on the Point of Order and stated that resource material could be used as reference provided that it was not read.
Senators LEATHERMAN and THOMAS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order and stated that Jefferson's Manual, Section 32, in pertinent part provides, "... a Member has not a right to read a paper in his place, if it be objected to, without leave of the House" and, further, "A Member has not a right even to read his own speech, committed to writing, without leave."
Senator DRUMMOND continued arguing contra to second reading of the Bill.
Senator WILLIAMS asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion that the Senate recede from business at 5:30 P.M. until 8:15 P.M.
Senator DRUMMOND objected.
Senator DRUMMOND continued speaking contra to second reading of the Bill.
Senator GILBERT requested and was granted a leave of absence until 11:00 A.M. on Wednesday, May 2, 1990.
Senator DRUMMOND argued contra to second reading of the Bill.
On motion of Senator WILLIAMS, with unanimous consent, Senator DRUMMOND retaining the floor, the Senate adjourned.
On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Appointment, Member, Commission on Women At Large with term to expire October 18, 1993:
Carolyn B. Matalene, Ph.D., 326 Harden Street, Columbia, S.C. 29205
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
5th Congressional District:
Mr. Craig Drennon, 1008 College Drive, Gaffney, S.C. 29340 VICE Mr. Edward Newton
Appointment, Member, South Carolina Commission on Aging, with term to expire June 30, 1993:
4th Congressional District:
Mr. Charles Dexter LeGrand, 108 Aberdeen Drive, Greenville, S.C. 29605 VICE Mr. Tom Stilwell (resigned)
Reappointment, Member, South Carolina Commission on Archives and History S.C. Historical Society, with term to expire June 30, 1995:
George C. Rogers, Jr., Ph.D., 1819 Seneca Avenue, Columbia, S.C. 29205
Reappointment, Member, South Carolina Commission on Archives and History American Legion, with term to expire June 30, 1995:
Mr. David C. Bryan, Jr., 617 Twelfth Street, West Columbia, S.C. 29169
Reappointment, Member, South Carolina Commission on Archives and History South Carolina Historical Association, with term to expire June 30, 1995:
Archie Vernon Huff, Jr., Ph.D., 30 Glenrose Avenue, Greenville, S.C. 29609
Reappointments, Members, McCormick County Magistrates, with terms to expire April 30, 1994:
Honorable Jake Oliver Trantham, Route 1, Box 2 FA, McCormick, S.C. 29835
June Hughes Davis, Post Office Box 167, Plum Branch, S.C. 29845
Reappointments, Members, Beaufort County Magistrate, with terms to expire April 30, 1994:
Mr. Booker Taliferro Washington, Route 1, Box 124, Yemassee, S.C. 29934
Francis A. Burn, Post Office Box 9, Daufuskie Island, S.C. 29915
At 5:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 10:00 A.M.
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