Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Prophet Isaiah (30:15):
"For thus saith the Lord God,
the Holy One of Israel;
'In repentance and rest is your
salvation,
In quietness and trust is your
strength,...'"
Let us pray.
Most gracious Lord, merciful Father, for a fresh new day full of new and continuing challenges, we give Thee thanks!
We pray for wisdom... and strength... and patience beyond our own... that we may be able to make our democratic system work well... that others in the world, who yearn for freedom... and justice... and the privilege to govern themselves, may gain new strength for the struggle by our example and our help.
Keep us firm in our devotion to the truth, and genuine in our desire to strengthen the moral and spiritual fiber of our State as both a prerequisite as well as a consequence of our quest for the good life.
Hold us true to our people's trust... today... and to Thee we shall ascribe all honor and praise.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
Columbia, S.C., May 3, 1990
Mr. President and Senators:
I wish to withdraw my message dated March 27, 1990 in regards to the appointment of Mr. Marvin F. Kittrell.
Respectfully,
Carroll A. Campbell, Jr.
May 3, 1990
Honorable Carroll A. Campbell, Jr.
Governor
State of South Carolina
State House
Columbia, South Carolina
Dear Governor Campbell:
The Senate has acted on your request to withdraw the appointment of Marvin "Buddy" Kittrell as a member of The Workers Compensation Commission and has agreed to return the appointment, herewith attached.
Respectfully,
Frank Caggiano
Clerk of the Senate
May 3, 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, South Carolina Workers Compensation Commission, At-Large, with term to commence on November 16, 1990 and expire June 30, 1996:
Mr. Marvin F. Kittrell, Griffith & Kittrell, Post Office Box 398, Newberry, S.C. 29108 VICE Mr. Victor Rawl
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
Resubmitted May 2, 1990
Revised expiration date May 23, 1990
Senator WILSON introduced Dr. Frank Young of West Columbia, Doctor of the Day.
On motion of Senator HORACE C. SMITH, Senator LONG was granted a leave of absence for today.
Senator GIESE requested and was granted a leave of absence from 5:00 P.M. until 10:00 P.M. today.
Senator STILWELL requested and was granted a leave of absence from 4:30 P.M. today until the Senate reconvenes next week.
Senator MITCHELL requested and was granted a leave of absence from 3:00 P.M. today until Tuesday, May 8, 1990.
Senator SALEEBY requested and was granted a leave of absence until Tuesday, May 8, 1990.
Senator McLEOD rose to a Point of Privilege.
Senator SETZLER rose to a Point of Privilege.
Columbia, S.C., May 2, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 2, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has continued:
S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 2, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 2, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 2, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Hallman, McElveen and McEachin of the Committee of Conference on the part of the House on:
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
Received as information.
Columbia, S.C., May 2, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 2, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
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.
On motion of Senator DRUMMOND, with unanimous consent, the vote whereby the Senate refused to agree to the House amendments was reconsidered.
Senator DRUMMOND explained the Bill.
On motion of Senator DRUMMOND, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
On motion of Senator McCONNELL, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators POPE, McCONNELL and PASSAILAIGUE of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
On motion of Senator McCONNELL, with unanimous consent, the Report of Committee of Free Conference was taken up for immediate consideration.
Senator McCONNELL explained the Report.
On motion of Senator McCONNELL, the Report (Doc. No. 3412J) was adopted as follows:
The General Assembly, Columbia, S.C., April 11, 1990
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
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 29-15-90 of the 1976 Code, as last amended by Act 140 of 1987, is further amended to read:
"Section 29-15-90. (A) When any Except as otherwise provided in this section, when personal property has been left at any a laundry, dyer, dry cleaning establishment, or retail store, or any other establishment for the purpose of storage, cleaning, dry cleaning, dyeing, washing, alteration, or repairs and is not called for within a period of one hundred twenty days thereafter six months and the charges paid in full, the dyer, laundry, dry cleaning establishment, or retail store may sell dispose of the property after having advertised the time and place of the sale by posting a notice in writing at least fifteen days before the sale in three public places in the county in which the personal property is found, one of which must be the courthouse door, or publishing the notice at least two weeks in a newspaper published in the county in which the goods are located; provided, that notice must first have been sent by first-class mail to the last-known address of the person, his agent, or employee, who left the goods at the establishment. The advertisement also must contain the amount due, the name of the owner (if not known, this fact must be stated), and a brief description of the property by whatever means it chooses. An establishment, at the time of receiving the property, shall give to the person delivering it conspicuous notice in writing of disposal after six months. If notice is not given upon delivery, the property must not be disposed of until after twelve months.
(B) Except as otherwise provided in this section, when personal property has been left at a laundry, dry cleaning establishment, retail store, or any other establishment for the purpose of storage and is not called for within six months and thirty days and the charges paid in full, the establishment may dispose of the property by whatever means it chooses. Notice first must have been sent by certified mail to the last-known address of the person, his agent, or employee, who left the goods at the establishment thirty days before disposal. An establishment, at the time of receiving the property, shall give to the person delivering it conspicuous notice in writing of disposal after six months and thirty days. If notice is not given upon delivery, the property must not be disposed of until after twelve months and thirty days and until after notice by certified mail pursuant to this subsection.
(C) If the property is insured through the establishment, the time periods provided for in this section do not begin to run until the insurance expires."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Glenn F. McConnell Larry E. Gentry Thomas H. Pope, III Paul W. Derrick Ernest L. Passailaigue, Jr. Thomas A. Limehouse On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
On motion of Senator McLEOD, with unanimous consent, the Report of Committee of Conference was taken up for immediate consideration.
Senator McLEOD explained the Report.
On motion of Senator McLEOD, the Report (Doc. No. 1412o) was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-33-210 of the 1976 Code is amended to read:
"Section 40-33-210. There is created the State Board of Nursing to be composed of seven nine members, one of whom shall. One must be a lay member from the State at large four of whom shall, six must be registered nurses, and two of whom shall must be licensed practical nurses representing two regions of the State as provided in this section. One registered nurse shall represent each congressional district, one licensed practical nurse shall represent Region I shall include which includes Congressional Districts 1, 2, and 3, and one licensed practical nurse shall represent Region II shall include which includes Congressional Districts 4, 5, and 6. In each of these regions there shall be two registered nurses and one licensed practical nurse. Representation within the of the licensed practical nurse in each region shall rotate as follows: In Region I the licensed practical nurse representation shall rotate from District 1 through 3 rotates from each district in successive terms. Two registered nurse appointees shall represent the remaining two districts in Region I. In Region II the licensed practical nurse representative shall rotate from District 4 through 6 in successive terms. Two registered nurse appointees shall represent the remaining two districts in Region II.
Board members shall have the following qualifications: the Registered Nurses Registered nurse and Licensed Practical Nurses shall licensed practical nurse members must be currently licensed in South Carolina, shall be currently must be employed, shall must have had at least three years of practice in their respective profession immediately preceding their appointment, and shall reside in the district they represent. Lay members shall A lay member must not be licensed or employed as a health care provider but shall represent the public at large as a consumer of nurse services. No member shall may serve as an officer of a professional health related state association.
The terms of the members shall be are for six four years and until successors are appointed and qualify. No member will be allowed successive may serve more than two consecutive terms. All members of the Board shall must be appointed by the Governor.
Any An individual, group, or association may nominate qualified individuals and submit them to the Governor for his consideration. The Board board shall publish widely in the State and appropriate districts notice of all pending board vacancies to the Board. Vacancies shall must be filled for any the unexpired portion of a term by appointment of the Governor.
The Governor may remove any member of the Board a member who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member shall may be removed without first giving him an opportunity to refute the charges filed against him. He shall must be given a copy of the charges at the time they are filed."
SECTION 2. The members of the State Board of Nursing serving on this act's effective date continue to serve until the expiration of their terms and until their successors are appointed and qualify as provided in Section 40-33-210 of the 1976 Code, as amended in Section 1 of this act. The terms of members appointed to fill terms that have expired on or before this act's effective date are six years and must be determined from the expiration date. Members appointed to a term which expires after this act's effective date or to a term created by this act must be appointed for four years to expire on December 31 of the appropriate year. Members serving on this act's effective date are eligible for appointment to a new term.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Peden B. McLeod Michael L. Fair Harvey S. Peeler, Jr. Ralph Davenport, Jr. James E. Bryan, Jr. Frank E. McBride On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
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, with unanimous consent, the Bill was recalled from Legislative Council
On motion of Senator O'DELL, the vote whereby the Bill received a third reading was reconsidered.
Senator O'DELL proposed the following amendment (Doc. No. 1792X), which was adopted:
Amend the bill, as and if amended, Section 1(A), by striking /House districts/ on the next to the last line and inserting /county council districts/.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
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.
On motion of Senator SALEEBY, with unanimous consent, the Joint Resolution was recalled from the Committee on Transportation.
On motion of Senator SALEEBY, the Joint Resolution was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1587 -- Senators Giese, Lourie, Patterson and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS ASHLEY CURRY OF COLUMBIA IN RICHLAND COUNTY UPON BEING SELECTED AS THE SOUTH CAROLINA WINNER IN THE EIGHTH ANNUAL KENTUCKY FRIED CHICKEN/GOOD HOUSEKEEPING "ALL-AMERICAN SALUTE TO MOTHER" NATIONAL GREETING CARD CONTEST.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1588 -- Senator Giese: A BILL TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE PATROL DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.
Read the first time and referred to the Committee on Judiciary.
S. 1589 -- Senators Mullinax, Macaulay and O'Dell: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4964 -- Rep. Kirsh: A CONCURRENT RESOLUTION REQUESTING THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATIONS, TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM ARE AUTHORIZED PER DIEM, MILEAGE, AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1990 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION CONDUCTED AFTER 1990.
Referred to the Committee on Judiciary.
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.
On motion of Senator WADDELL, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar without reference.
H. 5075 -- Reps. Kay, T.C. Alexander, Chamblee, Cooper, P. Harris, McLellan, Townsend and Tucker: A CONCURRENT RESOLUTION TO COMMEND L. DANNY SHAW, PRINCIPAL OF CALHOUN STREET ELEMENTARY SCHOOL OF ANDERSON SCHOOL DISTRICT 5 FOR HIS OUTSTANDING CONTRIBUTION TO EDUCATION AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5077 -- Reps. Klapman, Keyserling, Harrison, T. Rogers, Quinn, Sturkie, Nesbitt, Koon, Rama, Keegan, M.D. Burriss, T.M. Burriss, Taylor, Barber, Mappus, Foster, Winstead, Hallman, Wright, Derrick, McElveen, Keesley, Burch, Cork, Corning, Waites and McBride: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF COUNTRY AND BLUEGRASS MUSICIAN DEWITT "SNUFFY" JENKINS OF COLUMBIA, UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5078 -- Reps. Tucker, Townsend, Kay, Blackwell, H. Brown, Quinn, Harrison, M.D. Burriss, Simpson, P. Harris, T.C. Alexander, Hendricks, Fant, Cooper, McLellan, T.M. Burriss, Chamblee, L. Martin, Phillips, Barber, Wofford, Rama, Mattos, Baxley, Farr, Cole, Wells, Neilson, Nettles, Beasley, Wright, Corbett, Limehouse, Haskins, G. Bailey, J. Rogers, Vaughn, McAbee and Carnell: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON UNIVERSITY BASEBALL COACH BILL WILHELM UPON HIS ONE THOUSANDTH CAREER VICTORY AND TO WISH HIM WELL AS HE CONTINUES TO DISTINGUISH HIMSELF, CLEMSON UNIVERSITY, AND THE PALMETTO STATE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5080 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION RECOGNIZING THE DEDICATED PUBLIC SERVICE AND CONTRIBUTIONS OF MR. RICHARDS TODD AS ASSISTANT DIRECTOR OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY AND WISHING HIM MUCH HAPPINESS IN HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5081 -- Reps. T. Rogers, Waites, McBride, Faber, J. Brown, Taylor and Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE STEPHEN K. BENJAMIN, THE 1990-91 UNIVERSITY OF SOUTH CAROLINA STUDENT BODY PRESIDENT, UPON RECEIVING THE KELLY ALEXANDER, SR., MEMORIAL AWARD, THE HIGHEST AWARD GIVEN BY THE NAACP.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5082 -- Reps. T. Rogers, M.D. Burriss, Harrison, J. Brown, Faber, McBride, Waites and Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE HIGH SCHOOL ACADEMIC BOWL TEAM FOR WINNING RICHLAND SCHOOL DISTRICT 1 ACADEMIC BOWL CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1990-91 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1990-91.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 5067 -- Reps. Boan and Hodges: A BILL TO AMEND ACT 777 OF 1988, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A STATEMENT OF CANDIDACY FOR ELECTION TO THE DISTRICT BOARD MUST BE FILED NO LATER THAN THE FIRST DAY OF SEPTEMBER PRECEDING THE ELECTION RATHER THAN FORTY-FIVE DAYS BEFORE THE ELECTION AND TO PROVIDE THAT WHEN SEPTEMBER FIRST IS A SUNDAY, THE STATEMENT MUST BE FILED BY NOON OF THE FOLLOWING MONDAY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
H. 3100 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 3197 -- Rep. Lanford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME THE BRIDGE PRESENTLY CALLED THE "COOPER BRIDGE" IN THE CRESCENT COMMUNITY OF SPARTANBURG COUNTY THE "DeYOUNG BRIDGE".
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT IF PARTICULAR RECORDS OR DOCUMENTS ARE FURNISHED TO A PERSON WITHOUT CHARGE OR AT A REDUCED FEE, THE SAME RECORDS OR DOCUMENTS MUST BE FURNISHED TO ALL PERSONS REQUESTING THEM WITHOUT CHARGE OR AT THAT REDUCED FEE, AND TO PROVIDE THAT IF A FEE OR HIGHER FEE HAS PREVIOUSLY BEEN CHARGED, IT MUST BE REFUNDED TO THE APPROPRIATE PERSON WHO EARLIER WAS CHARGED THE FEE OR HIGHER FEE.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 4387 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE PARKING PRIVILEGES TO APPLY FOR AN OUT-OF-STATE MOTOR VEHICLE DISPLAYING EVIDENCE OF HANDICAP.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 4505 -- Rep. Altman: A BILL TO AMEND SECTION 56-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF OBSOLETE RECORDS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO DELETE THE PROVISION ALLOWING THE DEPARTMENT TO DESTROY RECORDS WHICH HAVE BEEN MAINTAINED ON FILE FOR FIVE YEARS; AND TO REPEAL SECTION 56-19-490 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT FILE AND MAINTAIN SURRENDERED CERTIFICATES OF TITLE.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 4559 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT OF CONTEMPT OF COURT FOR A PERSON WHO WILFULLY VIOLATES A LAWFUL ORDER OF THE COURT TO MAKE CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT A PERSON SENTENCED TO IMPRISONMENT UNDER THE PROVISIONS OF THIS SECTION MAY EARN GOOD TIME AND WORK CREDITS AND PARTICIPATE IN A WORK/PUNISHMENT PROGRAM.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
H. 4619 -- Reps. Beasley, Hayes and Fair: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
H. 4925 -- Rep. Wright: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHINQUAPIN HOLLOW, INC., IN LEXINGTON COUNTY.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:
H. 4716 -- Reps. Whipper, Winstead, Wilkes, White, Holt, Washington, D. Martin, Barber, Kohn, Keyserling, G. Bailey, Waites and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
H. 4781 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
H. 4788 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CERTIFICATION OF MINORITY BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1206, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4863 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT WHEN THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT THE REMAINING OF THAT PORTION OF THE AWARD MUST BE PAID TO A SURVIVING SPOUSE OR OTHER FULL DEPENDENT, OR IF THERE IS NONE, TO BE DISTRIBUTED IN THE SAME MANNER AS PROVIDED IN THIS SECTION FOR CASES WHERE THE EMPLOYEE IS SURVIVED BY NO FULL DEPENDENTS RATHER THAN DIVIDING THE BENEFITS EQUALLY AMONG ALL THE CHILDREN.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4901 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MANUFACTURED HOUSING BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1207, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 4911 -- Reps. Cork, Taylor, Wright, Smith, Altman, Sharpe, Sheheen, Fant, Derrick, Winstead, Rama, Sturkie, Mappus, Harrison, J. Bailey, White, Kirsh, Holt, Tucker, McAbee, Foster, Klapman, Nettles, Boan, Keyserling, McTeer, Gregory, Wilkins, Haskins, Fair, Simpson, Keegan, J. Harris, Wilder, Barber, Wells, Blanding, Hallman, Beasley, Vaughn, Snow, L. Martin, Stoddard, G. Bailey, Wofford, Bennett, H. Brown, M.O. Alexander, McLellan, T.C. Alexander, Gordon, Cooper, Moss, Manly, Baxley, Corbett, Ferguson, T.M. Burriss and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE I-95 - U. S. ROUTE 278 CONNECTOR AND U. S. ROUTE 278 FROM THE I-95 CONNECTOR TO THE KARL BOWERS BRIDGE IN BEAUFORT COUNTY THE "BILL CORK MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 4919 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Appointment, Member, Commission on Women At-Large, with term to expire October 18, 1993:
Mrs. Clara Holland Heinson, 1740 Vassar Drive, Charleston, South Carolina 29407 VICE Ms. Barbara Draine Ferer
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, Permanent Advisory Council of the State Development Board, Sumter & Calhoun Counties, with term to expire July 2, 1994:
Ms. Jeannie A. Lowder, 2800 North Main Street, Sumter, South Carolina 29150 VICE Mr. Robert C. Wannamaker
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, Permanent Advisory Council of the State Development Board, Chesterfield & Lancaster Counties, with term to expire July 2, 1994:
Mr. Charlie Robert Bailey, Jr., Route 3, Box 348, Lancaster, South Carolina 29720 VICE Mr. H.F. Bell
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, Permanent Advisory Council of the State Development Board, Lexington/Saluda, with term to expire July 2, 1994:
Mr. William DeVaughan Bell, Route 1, Box 10, Wade, South Carolina 29166 VICE Mr. Mike Taylor
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, Permanent Advisory Council of the State Development Board, Dillon/Marlboro, with term to expire July 1, 1992:
James Phillip Wallace, M.D., 116 Doctor Handy Circle, Dillon, South Carolina 29536 VICE Frank McLaurin
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, Permanent Advisory Council of the State Development Board, Clarendon & Williamsburg Counties, with term to expire July 1, 1992:
Mr. Joseph O. Rogers, Jr., 302 North Meadow Drive, Manning, South Carolina 29102 VICE Mr. Harold Leselbaum
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, State Development Board, with term to expire May 22, 1995:
12th Judicial Circuit:
Henry L. Ham, P.O. Box 950, Mullins, S.C. 29574 VICE David Keller
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, State Development Board, with term to expire May 22, 1995:
11th Judicial Circuit:
Mr. John W. Pettigrew, Post Office Box 338, Edgefield, South Carolina 29824 VICE Mr. John Wheeler
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, State Development Board, with term to expire May 22, 1995:
13th Judicial Circuit:
Mr. Noel Barton Tuck, Jr., 4 Brookside Way, Greenville, South Carolina 29605 VICE Mr. Garnet Barnes
On motion of Senator POPE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
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. 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.
H. 4480 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.
The following Bill having been read the second time was passed and ordered to a third reading with notice of general amendments:
S. 1585 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL LAWS OF ORANGEBURG COUNTY ESTABLISHING THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.
H. 3603 -- Reps. Keegan, Farr, Barfield and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO PROHIBIT DWARF TOSSING.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SHEALY objected to consideration of the Bill.
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 adoption of the amendment previously proposed on April 25, 1990, (Doc. No. 1706X) by Senator LEATHERMAN:
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 MARTSCHINK objected to further consideration of the Bill.
The following Bills were carried over:
S. 1447 -- Senator Macaulay: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
(On motion of Senator J. VERNE SMITH)
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.
Senator McCONNELL explained the Joint Resolution.
(On motion of Senator LEATHERMAN)
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 second reading of the Bill.
Senator SETZLER moved under Rule 15A to set a time certain for 12:30 P.M. to vote on the entire matter of S. 592.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert Leventis Lourie Matthews McGill McLeod Passailaigue Patterson Pope Saleeby Setzler Williams
NAYS
Courson Drummond Giese Helmly Hinson Holland Land Leatherman Lee Macaulay Martschink McConnell Moore Mullinax O'Dell Peeler Rose Russell Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Wilson
PRESENT
Hinds
Having failed to receive the necessary vote, the motion failed.
Senator DRUMMOND argued contra to second reading of the Bill.
At 12:29 P.M., on motion of Senator WILLIAMS, with unanimous consent, Senator DRUMMOND retaining the floor, the Senate receded from business not to exceed ten minutes.
At 12:39 P.M., the Senate resumed.
Senator DRUMMOND continued arguing contra to second reading of the Bill.
Senator POPE moved under Rule 15A to set a time certain for 1:15 P.M. to vote on the entire matter of S. 592.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Hinds Leventis Lourie Macaulay Martin Matthews McGill McLeod Moore Mullinax Passailaigue Patterson Pope Setzler Williams
NAYS
Courson Drummond Giese Helmly Hinson Leatherman Lee Martschink McConnell Mitchell Peeler Rose Russell Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Wilson
Having failed to receive the necessary vote, the motion failed.
Senator BRYAN moved under Rule 15A to set a time certain for 12:30 P.M. on Wednesday, May 9, 1990, to vote on the entire matter of S. 592.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Giese Gilbert Hinds Land Leventis Lourie Macaulay Martin Matthews McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Pope Russell Setzler Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Waddell Williams
Courson Drummond Helmly Hinson Leatherman Lee Martschink McConnell Peeler Rose Shealy Thomas Wilson
The Senate set 12:30 P.M. on Wednesday, May 9, 1990, as a time certain to vote on the entire matter of S. 592.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator McLEOD asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion to carry over the Bill.
Senator LEATHERMAN objected.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator LEATHERMAN asked unanimous consent, with Senator DRUMMOND retaining the floor, to adjourn debate on the Bill.
Senator POPE objected.
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 to take up S. 1438 for immediate consideration and carry over S. 1438 and to then take up H. 4423 for immediate consideration.
Senator McLEOD objected.
Senator DRUMMOND continued arguing contra to second reading of the Bill.
On motion of Senator WILLIAMS, with unanimous consent, Senator DRUMMOND retaining the floor, the Senate adjourned.
Debate was interrupted by adjournment, Senator DRUMMOND retaining the floor.
On motion of Senator POPE, 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:
Mrs. Clara Holland Heinson, 1740 Vassar Drive, Charleston, South Carolina 29407 VICE Ms. Barbara Draine Ferer
Appointment, Member, Permanent Advisory Council of the State Development Board, Sumter & Calhoun Counties, with term to expire July 2, 1994:
Ms. Jeannie A. Lowder, 2800 North Main Street, Sumter, South Carolina 29150 VICE Mr. Robert C. Wannamaker
Appointment, Member, Permanent Advisory Council of the State Development Board, Chesterfield & Lancaster Counties, with term to expire July 2, 1994:
Mr. Charlie Robert Bailey, Jr., Route 3, Box 348, Lancaster, South Carolina 29720 VICE Mr. H.F. Bell
Appointment, Member, Permanent Advisory Council of the State Development Board, Lexington/Saluda, with term to expire July 2, 1994:
Mr. William DeVaughan Bell, Route 1, Box 10, Wade, South Carolina 29166 VICE Mr. Mike Taylor
Appointment, Member, Permanent Advisory Council of the State Development Board, Dillon/Marlboro, with term to expire July 1, 1992:
James Phillip Wallace, M.D., 116 Doctor Handy Circle, Dillon, South Carolina 29536 VICE Frank McLaurin
Appointment, Member, Permanent Advisory Council of the State Development Board, Clarendon & Williamsburg Counties, with term to expire July 1, 1992:
Mr. Joseph O. Rogers, Jr., 302 North Meadow Drive, Manning, South Carolina 29102 VICE Mr. Harold Leselbaum
Appointment, Member, State Development Board, with term to expire May 22, 1995:
12th Judicial Circuit:
Henry L. Ham, P.O. Box 950, Mullins, S.C. 29574 VICE David Keller
Appointment, Member, State Development Board, with term to expire May 22, 1995:
11th Judicial Circuit:
Mr. John W. Pettigrew, Post Office Box 338, Edgefield, South Carolina 29824 VICE Mr. John Wheeler
Appointment, Member, State Development Board, with term to expire May 22, 1995:
13th Judicial Circuit:
Mr. Noel Barton Tuck, Jr., 4 Brookside Way, Greenville, South Carolina 29605 VICE Mr. Garnet Barnes
Appointment, Member, South Carolina Workers Compensation Commission, At-Large, with term to commence November 16, 1990 and expire June 30, 1996:
Mr. Marvin F. Kittrell, Griffith & Kittrell, Post Office Box 398, Newberry, South Carolina 29108 VICE Mr. Victor Rawl
On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed that when the Senate adjourns on Thursday, that it meet for local and uncontested matters on Friday at 11:00 A.M., and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, May 8, 1990, at 12:00 Noon.
At 1:17 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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