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:
In observance of Memorial Day
Beloved, in the spirit of Memorial Day, hear the Psalmist in Psalm 77:5:
"I have considered the days of old,
The years of ancient times.
I call to remembrance my
song in the night."
Let us pray.
God of our fathers, we pray that Memorial Days may be more than holidays. May we make of them days of thanksgiving and of heart searching by our generation... in great debt to the past!
We give thanks for those who have fought the battles of bygone years. We recall their fidelity... and their labors. They have given us a good and wonderful Country.
With the faithful people in the Soviet Union and with the faithful people of the United States and kindred souls around the world we lift up our prayers for the Summit Meeting of President Bush and President Gorbachev. May they and their advisors be sensitive to the yearnings of their people and the Will of the Most High Lord of Lords.
We pray in the words of another day:
"Lord God of Hosts, be with us yet,
Lest we forget,... lest we forget!"
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator J. VERNE SMITH introduced Dr. John P. Evans of Greenville, Doctor of the Day.
Columbia, S.C., May 29, 1990
Mr. President and Gentlemen of the Senate:
The House respectfully informs your Honorable Body that the report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 29, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3740 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.
and has ordered the Bill enrolled for ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1618 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF B. MARION SMITH, SR., OF EDGEFIELD COUNTY WHO DIED ON THURSDAY, MAY 10, 1990.
Returned with concurrence.
Received as information.
S. 1619 -- Senators Shealy, Wilson, Setzler and Martschink: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO THE HONORABLE JAMES D. WARD OF LEESVILLE FOR HIS DISTINGUISHED SERVICE AS MAGISTRATE OF LEXINGTON COUNTY MAGISTERIAL DISTRICT NO. 3, UPON HIS RETIREMENT.
Returned with concurrence.
Received as information.
Columbia, S.C., May 29, 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. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE
OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
Very respectfully,
Speaker of the House
On motion of Senator MARTSCHINK the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators HOLLAND, STILWELL and BRYAN of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
The House returned the Bill with amendments.
On motion of Senator WADDELL, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.
We voted with the majority in the unanimous vote to insist on the Senate amendments to the General Appropriation Bill only because this expedites its getting to a conference committee and due to approaching adjournment, there are many amendments adopted by the Senate that are not germane to the Bill.
We particularly object to the reapportionment amendment as it not only is not germane, but despite its self-contained denial is restrictive legislation that we believe will be opposed by the Justice Department and rejected by the Court.
H. 4677 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA CEMETERY BOARD FOR SIX YEARS AND TO AMEND SECTIONS 39-55-55, 39-55-95, 39-55-125, AND 39-55-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO DELETE THE PROVISION THAT TWO MEMBERS OF THE SOUTH CAROLINA CEMETERY BOARD MUST BE NOMINATED BY THE SOUTH CAROLINA CEMETERY ASSOCIATION AND TO PROVIDE THAT NOMINATIONS MAY BE RECEIVED FROM ANY INDIVIDUAL, GROUP, OR ASSOCIATION, TO REQUIRE A CEMETERY GENERAL MANAGER TO HAVE ONE YEAR'S EXPERIENCE INSTEAD OF TWO YEARS' EXPERIENCE, TO PROVIDE FOR REGULATIONS TO REGULATE MERCHANDISE OR MONUMENTS INSTALLED IN A CEMETERY, TO REGULATE THE PLACEMENT OF MONUMENTS OR MARKERS, TO REGULATE FEES, TO REQUIRE INSURANCE ON INSTALLERS OF MONUMENTS OR MARKERS, AND TO REQUIRE FINANCIAL REPORTS TO BE SIGNED BY A LICENSED ACCOUNTANT.
On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the General Committee.
On motion of Senator HOLLAND, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator WILLIAMS, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 4910 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator WILLIAMS, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: A BILL TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN.
On motion of Senator PEELER, with unanimous consent, the Bill was recalled from the Committee on Finance.
On motion of Senator PEELER, the Bill was taken up for immediate consideration.
On motion of Senator PEELER, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 5092 -- Reps. Barfield, M.O. Alexander, T.C. Alexander, Altman, J. Bailey, K. Bailey, Baxley, Beasley, Bennett, Blackwell, G. Brown, R. Brown, Bruce, Burch, Carnell, Chamblee, Corbett, Cork, Davenport, Elliott, Fant, Farr, Felder, Gordon, Hallman, P. Harris, Haskins, Hayes, Hendricks, Holt, Huff, Jaskwhich, Kay, Keegan, Keyserling, Koon, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McGinnis, McKay, McLeod, McTeer, Neilson, Nesbitt, Nettles, Phillips, Rama, Rhoad, J. Rogers, Sharpe, Simpson, Smith, Snow, Taylor, Tucker, Vaughn, Waldrop, Washington, Wells, Whipper, White, Wilkes, Wilkins, J. Williams and Wofford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE PARTICIPATION OF PRIVATE COMPANIES IN THE UNITED STATES DEPARTMENT OF AGRICULTURE'S FEDERAL CROP INSURANCE CORPORATION PROGRAM, NOT TO ENACT PROVISIONS IN THE 1990 FARM BILL WHICH WOULD ABOLISH THE FEDERAL CROP SYSTEM AND THE LEASE AND TRANSFER SYSTEM OF TOBACCO ALLOTMENTS, AND NOT TO ENACT PROVISIONS OF H.R. 4077 WHICH WOULD DISMANTLE THE PRESENT STRUCTURE OF THE FARMERS HOME ADMINISTRATION.
On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Agriculture and Natural Resources.
On motion of Senator LAND, the Resolution was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1621 -- Senator Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAURENS HIGH SCHOOL RAIDER BASEBALL TEAM FOR WINNING THE CLASS AAAA STATE CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1622 -- Senator Waddell: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM A. MCINNIS, OF COLUMBIA, UPON HIS RETIREMENT FROM STATE EMPLOYMENT, TO THANK HIM FOR HIS MANY YEARS OF EXCELLENT AND DEDICATED SERVICE, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1623 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE RICHLAND COUNTY REPUBLICAN WOMEN'S CLUB AND TO THANK THEM FOR DEVOTING NUMEROUS AND TIRELESS HOURS TO PROMOTE THE CONSERVATIVE CAUSE AND REPUBLICAN CANDIDATES.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 5152 -- Reps. Rama, Barber, Hallman, J. Bailey, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE TO THE HOUSE OF REPRESENTATIVES OF THEIR FRIEND AND COLLEAGUE, REPRESENTATIVE TED MAPPUS OF CHARLESTON, ON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5153 -- Rep. McLellan: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM A. MCINNIS, OF COLUMBIA, UPON HIS RETIREMENT FROM STATE EMPLOYMENT, TO THANK HIM FOR HIS MANY YEARS OF EXCELLENT AND DEDICATED SERVICE, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
The following House Bill and Joint Resolution were read the third time, passed and ordered returned to the House with amendments:
H. 4657 -- Rep. Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-185 SO AS TO PROVIDE THAT LICENSED RETAIL DEALERS MAY PURCHASE, POSSESS, AND SELL TO QUALIFIED PERSONS ANY FIREARM OR PISTOL WHICH MAY BE USED OR POSSESSED BY LAW ENFORCEMENT OFFICERS IN THIS STATE, AND TO AUTHORIZE THESE QUALIFIED PERSONS TO USE AND POSSESS THESE FIREARMS OR PISTOLS IN THE MANNER PROVIDED BY LAW.
H. 4657 -- Rep. Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-185 SO AS TO PROVIDE THAT LICENSED RETAIL DEALERS MAY PURCHASE, POSSESS, AND SELL TO QUALIFIED PERSONS ANY FIREARM OR PISTOL WHICH MAY BE USED OR POSSESSED BY LAW ENFORCEMENT OFFICERS IN THIS STATE, AND TO AUTHORIZE THESE QUALIFIED PERSONS TO USE AND POSSESS THESE FIREARMS OR PISTOLS IN THE MANNER PROVIDED BY LAW.
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator POPE proposed the following amendment (Doc. No. 1735o), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 56-3-3310 of the 1976 Code, as added by Act 138 of 1987, is amended to read:
"Section 56-3-3310. The South Carolina Department of Highways and Public Transportation may issue a special motor vehicle license plate to a recipient of the Purple Heart. The No annual fee for the special license plate is the same as the fee provided for in Section 56-3-2020 required and only one plate may be issued to any person. The application for a special plate must include proof that the applicant is a recipient of the Purple Heart."/
Renumber sections to conform.
Amend title to conform.
Senator POPE explained the amendment.
Senators LOURIE and MOORE proposed the following amendment (Doc. No. 4039R), which was adopted:
Amend the bill, as and if amended, by deleting Section 2, page 3, in its entirety and inserting in lieu thereof:
/SECTION 2. Section 56-3-1960(1) of the 1976 Code is amended to read:
"Section 56-3-1960. (1) Any person who is handicapped as defined in this article must be allowed to park in metered or timed parking places without being subject to parking fees or fines. This section has no application to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege a vehicle must display a distinguishing license plate which must be issued by the department, pursuant to this section or Section 56-3-1110, for vehicles registered to the disabled person. The license plate must be issued for the usual fee applicable to standard license plates, except that a person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge. Application must be made on a form prescribed by the department, and applicants may apply by mail. Each application must be accompanied by a licensed physician's certificate that the applicant is handicapped as defined in this article, and that the handicap is permanent. No applicant may be denied a license plate if the completed application is accompanied by a licensed physician's certificate, as required by this subsection."/
Amend title to conform.
Senator MOORE explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1342 -- Senators Land and Lourie: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO ELIMINATE THAT FUND, DELETE PROVISIONS, ESTABLISH THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND, PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND FROM ENTERING INTO AN AGREEMENT FOR REIMBURSEMENT OF EXPENSES, COSTS, OR BENEFITS PAID BY THE FUND, DEFINE THE TERM "COSTS", AND PROVIDE FOR THE ANNUAL MAINTENANCE OF THIS FUND AT A LEVEL OF NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS, RATHER THAN THE MINIMAL TWO HUNDRED THOUSAND DOLLARS FOR THE FORMER INSOLVENCY FUND.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator GIESE proposed the following amendment (Doc. No. 5256P), which was adopted:
Amend the bill, as and if amended, in SECTION 1, by inserting after the words /the homeowner's association./ a new sentence to read:
/Nothing herein shall prevent the sheriff from assigning such deputy to other areas or to perform other duties, if, in the sheriff's discretion, it is necessary to do so./
Amend title to conform.
Senator GIESE explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 831 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 56 SO AS TO REQUIRE THE LICENSING AND REGULATION OF MOTOR VEHICLE RENTAL AGENCIES AND TO PROVIDE FOR DEFINITIONS, TO PROVIDE THAT ALL RENTAL AGENCIES MUST BE LICENSED BY THE DEPARTMENT, TO REQUIRE RENTAL AGENCIES TO MAINTAIN CERTAIN RECORDS RELATING TO RENTAL MOTOR VEHICLES AND TO PROVIDE PENALTIES FOR VIOLATING THE PROVISIONS OF THIS CHAPTER.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WADDELL objected to consideration of the Bill.
H. 4830 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.
On motion of Senator SALEEBY, with unanimous consent, the Bill was taken up for immediate consideration. The question being the second reading of the Bill.
On motion of Senator SALEEBY, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 718 -- Senator Pope: A BILL TO AMEND SECTIONS 6-21-430 AND 6-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF THE BORROWER, AS DEFINED IN THE REVENUE BOND ACT FOR UTILITIES, SHALL DESIGNATE A CUSTODIAN OF THE GROSS REVENUES FROM THE OPERATION OF THE SYSTEM AND TO THE SETTING ASIDE OF REVENUES FOR THE REPAYMENT OF REVENUE BONDS PROVIDED FOR IN THE ACT, SO AS TO DELETE THE REQUIREMENT THAT A CUSTODIAN BE APPOINTED AND REQUIRE THAT A BORROWER ISSUING BONDS PURSUANT TO CHAPTER 21 OF TITLE 6 HOLD IN TRUST THE REVENUE PLEDGED TO THE PAYMENT OF THE BONDS FOR THE BENEFIT OF THE HOLDERS AND APPLY REVENUES ONLY AS PROVIDED BY THE ORDINANCE WHICH AUTHORIZED THE ISSUANCE OF THE BONDS, AND DELETE THE PROVISIONS REQUIRING THE SEGREGATION OF REVENUES OF THE SYSTEM UNDER THE PROVISIONS OF CHAPTER 21 OF TITLE 6 AND TO AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY TO INSERT PROVISIONS IN AN ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS AND REQUIRING THIS INSERTION TO BE A PART OF THE CONTRACT WITH THE HOLDERS OF THE BONDS, VESTING IN A TRUSTEE THE RIGHT TO ENFORCE COVENANTS WHICH THE HOLDERS OF THE BONDS MAY ENFORCE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 3618J) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 6-21-240 of the 1976 Code is amended to read:
"Section 6-21-240. Any city combining its airport with any harbor improvement plan into a single system as provided in Section 6-21-40 may secure such bonds as may be issued therefor by pledges of the revenues from such combined system and it may additionally secure such bonds by pledges of any of the revenues that might from time to time become receivable by said city from any other source or sources except the proceeds of ad valorem taxes. Bonds issued pursuant to this chapter for such purposes may, in the discretion of the governing body of said city, be primarily secured by a pledge of the net revenues from such system, or, as provided by Section 6-21-440, by a pledge of the gross revenues as herein provided."
SECTION 2. Section 6-21-430 of the 1976 Code is amended to read:
"Section 6-21-430. The governing body of the borrower shall designate as custodian of the gross revenues from the operation of the system, project or combined system bond and interest redemption fund established pursuant to Section 6-21-440 a bank, depository or trust company duly qualified and doing business within the State, which shall be satisfactory to the governing body of such borrower. The bank, depository or trust company shall signify its acceptance of such custodianship by a written instrument directed to the governing body of the borrower. All funds Such fund from time to time derived from the operation of such system, project or combined system or funds of the borrower supplemental to the operation and maintenance fund, the depreciation fund or the contingent fund shall be deposited by such borrower with such bank, depository or trust company and be set apart by such bank, depository or trust company pursuant to written instructions from the borrower into the appropriate fund or funds designated in Section 6-21-440. Each of the designated funds from time to time held by such bank, depository or trust company shall be impressed with a trust for the benefit of the persons entitled thereto."
SECTION 3. Section 6-21-440 of the 1976 Code, as last amended by Act 365 of 1980, is further amended to read:
"Section 6-21-440. In the authorizing ordinance the governing body of the borrower shall set aside monthly (or oftener more often if deemed advisable) and shall pledge either the gross revenues or net revenues of the system, project or combined system, as the governing body of the borrower may determine, into separate and special funds as follows: Out of the gross revenues there shall be first set aside a sum sufficient to pay the principal of and the interest upon the bonds as and when they become due and payable. If the gross revenues of any calendar, operating or fiscal year shall be insufficient to pay the principal of and interest on the bonds maturing in any such calendar, operating or fiscal year, an additional amount sufficient to pay the principal of and interest on such bonds outstanding and unpaid shall be set aside out of the gross revenues of the next succeeding calendar, operating or fiscal year and applied to the payment of the principal of and interest on such outstanding and unpaid bonds. This fund shall be designated the 'bond and interest redemption fund.' Out of the remaining gross revenues there also shall be next set aside a sum sufficient to provide for the payment of all expenses of administration and operation and such expenses for maintenance as may be necessary to preserve the system, project or combined system in good repair and working order. This fund shall be designated the 'operation and maintenance fund.' If the pledge made is of gross revenues, the order of the foregoing set asides shall be first to the bond and interest redemption fund and next to the operation and maintenance fund; if the pledge is of net revenues, the order of the foregoing set asides shall be first to the operation and maintenance fund and next to the bond and interest redemption fund. Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for depreciation of the existing system or combined system. This fund shall be designated the 'depreciation fund.' Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for improvements, betterments and extensions to the existing system, project or combined system, other than those necessary to maintain it in good repair and working order as herein provided. This fund shall be designated the 'contingent fund.' Any surplus revenues thereafter remaining shall be disposed of by the governing body of the borrower as it may determine from time to time to be for the best interest of the borrower.
In the event the proceedings for the issuance of bonds provide for their repayment in whole or in part from front-foot assessments, the borrower need not make the payments provided for in this section for application for the payment of principal and interest on a monthly basis but may make them at least annually, provided that the payments shall be in such amounts and at such times that sufficient funds will be available to pay the principal and interest upon the bonds as and when they become due and payable."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator POPE explained the amendment.
On motion of Senator POPE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time was passed and were ordered to a third reading:
H. 5133 -- Anderson Delegation: A BILL TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.
On motion of Senator MULLINAX, H. 5133 was ordered to receive a third reading on Wednesday, May 30, 1990.
H. 3918 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE PROVISION REGARDING UNKNOWN CONDITIONS, AND TO AMEND SECTION 42-9-410, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR CARRIER MAY RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, BY DELETING REFERENCES TO UNKNOWN CONDITIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 5255P) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 42-9-400 of the 1976 Code is amended by adding:
"(l) As a prerequisite to reimbursement from the fund, the insurer shall be required to certify that the medical and indemnity reserves have been reduced to the threshold limits of reimbursement."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator LOURIE proposed the following amendment (Doc. No. 5263P), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 42-7-200 of the 1976 Code, as last amended by Act 54 of 1989, is further amended to read:
"Section 42-7-200. (a)(A) There is established within the office of the Second Injury Fund the State South Carolina Workers' Compensation Insolvency Uninsured Employers' Fund to insure payment of awards of workers' compensation benefits which are unpaid because of the insolvency of employers to injured employees whose employers who fail have failed to acquire necessary coverage for employees. The fund must be administered by the director of the Second Injury Fund who shall establish procedures to implement this section.
When any award is made by the State Workers' Compensation Commission for workers' compensation benefits and the claim or any part of the claim is not paid because of the insolvency of an employer who has not secured coverage, payments must be made from the insolvency fund upon certified approval of the State Workers' Compensation Commission. The director of the Second Injury Fund shall establish procedures for the implementation of this section.
When a claimant is paid benefits from the insolvency fund the insolvency fund is subrogated to all rights of the claimant to the amount paid from the fund and the administrator of the fund shall institute proceedings for the collection of the funds against the party legally obligated for the payments.
When an employee makes a claim for benefits pursuant to Title 42 and the State Workers' Compensation Commission determines that the employer is subject to Title 42 and is operating without insurance or as an unqualified self-insurer, the commission shall notify the fund of the claim. The fund shall pay or defend the claim as it considers necessary in accordance with the provisions of Title 42.
When the fund is notified of a claim, the fund may place a lien on the assets of the employer by way of lis pendens or otherwise so as to protect the fund from payments of costs and benefits. If the fund is required to incur costs or expenses or to pay benefits, the fund has a lien against the assets of the employer to the full extent of all costs, expenses, and benefits paid and may file notice of the lien with the clerk of court of any county in which the employer has assets and with the Secretary of State in the same manner as utilized under Title 36 (Uniform Commercial Code). Any of the employer's assets sold or conveyed during the litigation of the claim must be sold or conveyed subject to the lien.
The fund has all rights of attachment set forth in Section 15-19-10 and has the right to proceed otherwise in the collection of its lien in the same manner as the Tax Commission is allowed to enforce a collection of taxes generally pursuant to Section 12-49-10 et seq. When all benefits due the claimant, as well as all expenses and costs of litigation, have been paid, the fund shall file notice of the total of all monies paid with the clerk of court in any county in which the employer has assets and with the Secretary of State. This notice constitutes a judgment against the employer and has priority as a first lien in the same manner as liens of the Tax Commission, subject only to the lien of the Tax Commission pursuant to Section 12-49-10 et seq. If the employer files for bankruptcy or otherwise is placed into receivership, the fund becomes a secured creditor to the assets of the employer in the same manner as the Tax Commission has priority for unpaid taxes, subject only to the lien of the Tax Commission. The fund otherwise has all rights and remedies afforded the Tax Commission as set forth in Section 12-54-10 et seq.
(b)(B) Nothing in this section precludes the South Carolina Workers' Compensation Uninsured Employers' Fund from entering into an agreement for the reimbursement of expenses, costs, or benefits paid by the fund. If an agreement is reached pursuant to this subsection, a lien must not be filed as provided in Section 42-7-200(A). If an agreement is entered into subsequent to the filing of a lien, the lien must be canceled by the fund. Provided, however, an agreement between the fund and an employer under this section may provide that in the event the employer breaches the terms or conditions of the agreement, the fund may file or reinstate a lien, as the case may be. For purposes of this section, the term 'costs' includes reasonable administrative costs which must be set by the director of the Second Injury Fund, subject to the approval of the Workers' Compensation Commission.
(C) To establish and maintain the State South Carolina Workers' Compensation Insolvency Uninsured Employers' Fund, there shall must be earmarked from the collections of the tax on insurance carriers and self-insured persons provided for in Sections 38-7-50 and 42-5-190 an amount sufficient to establish and annually maintain the insolvency fund at a level of not less than two hundred thousand dollars."/
Renumber remaining sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (Doc. No. 388R, G2) previously proposed by Senator MOORE and printed in the Journal of Thursday, May 24, 1990.
On motion of Senator BRYAN, the Bill was carried over.
H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.
On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment (Doc. No. 3739J) previously proposed by Senator BRYAN and printed in the Journal of Tuesday, May 22, 1990.
On motion of Senator MARTSCHINK, the Bill was carried over.
The following Bills were carried over:
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.
(On motion of Senator BRYAN)
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.
(On motion of Senator WILLIAMS)
H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.
(On motion of Senator POPE)
H. 4862 -- Rep. Rama: A BILL TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, AND PROVIDE FOR DEPARTMENT REGULATIONS ON NONIONIZING AS WELL AS IONIZING RADIATION; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.
Senator MOORE explained the Bill.
(On motion of Senator HINDS)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Hinds Hinson Holland Land Leatherman Lee Leventis Long Macaulay Martin Martschink McConnell McGill 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.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator SHEALY asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion to carry over the Bill for consideration on Thursday, May 31, 1990.
Senators POPE and McCONNELL objected.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator MITCHELL rose to a Point of Personal Privilege.
Senator MARTSCHINK requested and was granted a leave of absence from 7:00 until 9:00 P.M. today.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator WILLIAMS moved under Rule 15A to set a time certain of 1:35 P.M. to vote on the entire matter of H. 4423.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Giese Hayes Hinds Holland Land Long Martin McGill Moore Mullinax Pope Saleeby Smith, H.C. Williams
NAYS
Courson Drummond Hinson Leatherman Lee Leventis Macaulay McConnell Mitchell O'Dell Peeler Rose Russell Setzler Shealy Smith, J.V. Smith, N.W. Stilwell Thomas Wilson
Objection
Senator SHEALY asked unanimous consent that Senator MARTSCHINK be granted leave to vote "No" on the motion to set a time certain to vote on the entire matter of H. 4423.
Senator WILLIAMS objected.
Having failed to received the necessary vote, the motion failed.
Senator DRUMMOND argued 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 stand adjourned.
Senator BRYAN objected.
Senator SHEALY asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion to carry over the Bill to be considered on Thursday, May 31, 1990.
Senator McCONNELL objected.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator DRUMMOND yielded the floor and discontinued speaking on the Bill.
Senator MARTIN moved that the Senate stand adjourned.
Senator WADDELL asked unanimous consent that the PRESIDENT be authorized to make appointments to the Committee of Conference to H. 4800 as soon as the Senate was advised of the House conferees.
There was no objection.
Senator SETZLER moved that the Senate recede from business until 3:00 P.M.
Senator SETZLER withdrew the motion.
The question was the motion by Senator MARTIN that the Senate stand adjourned.
Debate was interrupted by adjournment.
At 1:37 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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