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, when we get too close to our problems, we need the long view. Hear words from the Book of Revelation (14:6-7):
"And I saw another angel fly in the
midst of heaven, having the everlasting
gospel to preach unto them that dwell on
the earth, and to every nation and kindred,
and tongue and people"
"Saying with a loud voice, 'Fear God, and
give glory to Him; for the hour of His
judgment is come: and worship Him that
made heaven and earth, and the sea, and
the fountains of water.'"
Let us pray.
O God our Father, You are the Almighty and the Holy One beyond man's comprehension, yet you are the gracious and compassionate One whom mankind must know to really live.
Make our hearts and wills channels for Your Spirit. Support us in the long, lingering, laborious hours.
Make us equal to the stress.
Make us and keep us sensitive to human need, and the burdens that each of us bears.
Bless, O Lord, our President, our Governor, the Legislatures and the Courts of this land. Help us as a nation to move forward toward world stability... and we shall praise Thee.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 30, 1990
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1568, R-578, an Act:
TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT IN PICKENS COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE WATER SYSTEM OPERATED BY THE DISTRICT, AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA, AND TO REPEAL ACT 128 OF 1953, RELATING TO THE ESTABLISHMENT OF THE EAST CLEMSON WATER DISTRICT.
This veto is based upon an opinion of the Attorney General's Office dated May 30, 1990, which states in concluding:
"The act bearing ratification number 578 of 1990 acknowledges that a majority of electors voting in a referendum held November 7, 1989 authorized the dissolution of the East Clemson Water District and the transfer of its assets to the cities of Clemson and Central; the 1990 act so transfers the property, abolishes the governing body, and repeals the act creating the District. A review of Act No. 128 of 1953, particularly Section 1, makes it clear that the District is located totally within Pickens county. Thus, S. 1568, R-578, of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 1568, R-578, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7... "
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
Senator NELL W. SMITH moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The necessary vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3100 by a vote of 31 to 51:
(R619) H. 3100 -- Rep. Whipper: AN ACT 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 OR STRUCTURE IN WHICH A DWELLING UNIT IS LOCATED TO INSTALL BURGLAR BARS WITHOUT A QUICK-RELEASE MECHANISM AND PROVIDE A PENALTY FOR VIOLATION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4896 by a vote of 6 to 0:
(R633) H. 4896 -- Reps. Clyborne and Manly: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Very respectfully,
Speaker of the House
Received as information.
(R633) H. 4896 -- Reps. Clyborne and Manly: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
On motion of Senator STILWELL, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator STILWELL moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The veto of the Governor was overridden.
Columbia, S.C., May 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4939 by a vote of 8 to 0:
(R617) H. 4939 -- Rep. Cole: AN ACT TO AMEND ACT 318 OF 1965, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS, RATHER THAN A MAXIMUM OF TWENTY THOUSAND DOLLARS.
Very respectfully,
Speaker of the House
Received as information.
(R617) H. 4939 -- Rep. Cole: AN ACT TO AMEND ACT 318 OF 1965, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS, RATHER THAN A MAXIMUM OF TWENTY THOUSAND DOLLARS.
On motion of Senator HORACE C. SMITH, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator HORACE C. SMITH moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The veto of the Governor was overridden.
Columbia, S.C., May 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 5059 by a vote of 9 to 1:
(R622) H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: AN ACT 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.
Very respectfully,
Speaker of the House
Received as information.
(R622) H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: AN ACT 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.
On motion of Senator McCONNELL, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator McCONNELL moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The veto of the Governor was overridden.
Columbia, S.C., May 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the governor on H. 5099 by a vote of 5 to 0:
(R624) H. 5099 -- Rep. Baker: AN ACT TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
Very respectfully,
Speaker of the House
Received as information.
(R624) H. 5099 -- Rep. Baker: AN ACT TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
On motion of Senator BRYAN, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator BRYAN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The veto of the Governor was overridden.
Senator GIESE introduced Dr. Linda Christmann of Columbia, Doctor of the Day.
On motion of Senator GIESE, Senator LOURIE was granted a leave of absence for today.
On motion of Senator McCONNELL, Senator DRUMMOND was granted a leave of absence for today.
Senator PASSAILAIGUE requested and was granted a leave of absence from 2:30 P.M. today until Monday, June 4, 1990.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: A BILL TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUE, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, AND TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4918 -- Rep. T.C. Alexander: 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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1244 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.
The House returned the Bill with amendments.
On motion of Senator HAYES, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1281 -- Senator Moore: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS; AND TO AMEND THE CAPTION OF ARTICLE 13, CHAPTER 23, TITLE 58, ACCORDINGLY.
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
The House returned the Joint Resolution with amendments.
Senator McCONNELL explained the House amendments.
On motion of Senator McCONNELL, 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. 1585 -- Senators Williams and Matthews: 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.
The House returned the Bill with amendments.
On motion of Senator WILLIAMS, 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.
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 House returned the Bill with amendments.
On motion of Senator POPE, 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. 1624 -- Senators Mullinax and Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. ALMA DUNCAN SWANEY OF PENDLETON WHO DIED MAY 20, 1990.
Returned with concurrence.
Received as information.
S. 1625 -- Senator Mullinax: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTION OF MR. JEFFREY STRAUB OF ANDERSON COUNTY, A STUDENT AT WESTSIDE HIGH SCHOOL, FOR HIS ACTIONS LEADING TO THE CAPTURE OF TWO COUNTERFEITERS AND THE SEIZURE OF ONE AND ONE-HALF MILLION DOLLARS OF COUNTERFEIT CURRENCY, THE LARGEST SEIZURE OF THIS TYPE IN THE HISTORY OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 1626 -- Senators Passailaigue, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE 1990 CITADEL "BULLDOGS" BASEBALL TEAM AND COACH CHAL PORT FOR THEIR MAGNIFICENT SEASON AND FOR EARNING A PLACE IN THE COLLEGE WORLD SERIES, AND TO WISH THE TEAM AND COACHES THE BEST DURING THE COLLEGE WORLD SERIES.
Returned with concurrence.
Received as information.
Columbia, S.C., May 30, 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:
S. 1240 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Very respectfully,
Speaker of the House
On motion of Senator WILLIAMS, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators HOLLAND, STILWELL and MULLINAX of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Senator WILSON desired to be recorded as voting against the motion to insist on Senate amendments.
Columbia, S.C., May 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.
asks for a Committee of Conference, and has appointed Reps. Davenport, Wells and Bruce of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators HORACE C. SMITH, LEE and RUSSELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., May 31, 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. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Very respectfully,
Speaker of the House
On motion of Senator WADDELL, the Senate insisted upon its amendments to the Joint Resolution and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators WADDELL, MOORE and SETZLER of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.
On motion of Senator WADDELL, with unanimous consent, the Bill was recalled from the Committee on Finance.
On motion of Senator WADDELL, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 4531 -- Rep. Beasley: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A CANDIDATE TO RUN IN CERTAIN ELECTIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NONPARTISAN SCHOOL TRUSTEE ELECTIONS IN ANY SCHOOL DISTRICT WHERE LOCAL LAW PROVISIONS PROVIDE FOR OTHER DATES AND PROCEDURES FOR FILING STATEMENTS OF CANDIDACY.
On motion of Senator FIELDING, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator FIELDING, the Bill was ordered placed on the Calendar for consideration tomorrow.
H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".
On motion of Senator SETZLER, with unanimous consent, the Bill was recalled from the Committee on Education.
On motion of Senator SETZLER, the Bill was taken up for immediate consideration.
Senator SETZLER proposed the following amendment (Doc. No. 1494o), which was adopted:
Amend the bill, as and if amended, in Section 59-63-340 of the 1976 Code, as contained in SECTION 5, by striking /Department/ on line 6 of page 6 and inserting /Board/.
Amend title to conform.
Senator COURSON proposed the following amendment (Doc. No. 1790o), which was adopted:
Amend the bill, as and if amended, by striking SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
On motion of Senator SETZLER, with unanimous consent, the Bill retained its place on the Calendar in the status of Special Order.
The following were introduced:
S. 1627 -- Senator Macaulay: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. SAM LOWRY OF SENECA FOR THEIR TWENTY-SIX YEARS OF COMBINED VOLUNTARY SERVICE TO OCONEE COUNTY, UPON THE OCCASION OF THEIR RETIREMENT FROM THE RESPECTIVE OFFICES WHICH THEY HOLD.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1628 -- Senators Drummond, Russell, Peeler, Bryan, Courson, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Rose, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Williams: A CONCURRENT RESOLUTION TO COMMEND SENATOR ADDISON (JOE) WILSON (R-LEXINGTON) FOR BEING SELECTED TO SERVE AS A MEMBER OF AN INTERNATIONAL DELEGATION TO OBSERVE THE FIRST FREE PARLIAMENTARY ELECTIONS IN BULGARIA ON JUNE 10, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1629 -- Senator Thomas: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LIN WOOD DEVELOPERS, INC., IN GREENVILLE COUNTY.
Read the first time and referred to the Committee on Judiciary.
S. 1630 -- Senators Leventis and Land: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN SUMTER COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1631 -- Senator Holland: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA CEMETERY BOARD FOR ONE YEAR.
Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.
S. 1632 -- Senators Lee, Russell and Horace C. Smith: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE SPARTANBURG COUNTY LEGISLATIVE DELEGATION RELATIVE TO THE VOLUNTEER FIRE DEPARTMENTS OF SPARTANBURG COUNTY ON THE SPARTANBURG COUNTY COUNCIL.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator LEE, S. 1632 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 5076 -- Reps. Tucker, Quinn, Fant, Townsend, Kay, P. Harris, Hendricks, Beasley, Cooper, T.M. Burriss, Chamblee, Simpson, L. Martin, McLellan, Mattos, Harrison, Limehouse, Rama, Corbett, G. Bailey, Farr, Haskins, Vaughn, T.C. Alexander, Phillips, McAbee, Wright and Carnell: A CONCURRENT RESOLUTION TO REQUEST THAT THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY NAME THE BASEBALL FIELD AT THE UNIVERSITY BILL WILHELM FIELD.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Board of Trustees of Clemson University to name the baseball field at the University Bill Wilhelm Field.
Be it further resolved that a copy of this resolution be forwarded to the Chairman of the Board of Trustees.
Senator GIESE moved that the Concurrent Resolution be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5139 -- Reps. Koon, Kinon, Derrick, Nesbitt, Kay, Smith, Stoddard, G. Bailey, Burch, Felder, Harrison, D. Williams, H. Brown, Phillips, Keesley, G. Brown, Klapman, McLeod, Rama, Barber, Holt, Hendricks, Cooper, Rhoad, Sharpe, Chamblee, P. Harris, Davenport, Neilson, Harwell, Simpson, Bruce, Carnell, Mappus, Hallman, Lanford, J. Harris and L. Martin: A CONCURRENT RESOLUTION REQUESTING THE STATE BUDGET AND CONTROL BOARD TO DISCONTINUE THE 'MEDICARE CARVE-OUT' APPROACH UNDER THE STATE HEALTH INSURANCE PROGRAM FOR RETIREES WHO ARE ELIGIBLE FOR MEDICARE AND TO IMPLEMENT INSTEAD A DIFFERENT METHOD OF COORDINATION OF BENEFITS WITH MEDICARE FOR THIS PARTICULAR GROUP OF RETIREES.
Referred to the Committee on Finance.
H. 5159 -- Rep. Harwell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO USE THEIR INFLUENCE TO CONVINCE PRESIDENT MIKHAIL S. GORBACHEV, PRESIDENT OF THE U.S.S.R. TO REPUDIATE THE INFAMOUS TREATY IMPOSED BY ADOLF HITLER AND JOSEF STALIN WHICH ANNEXED THE BALTIC NATIONS OF ESTONIA, LATVIA, AND LITHUANIA TO THE U.S.S.R. AND TO REMOVE THE SOVIET UNION'S BLOCKADE AND OPPOSITION AGAINST THOSE FREEDOM-LOVING PEOPLE WHO JUSTIFIABLY SEEK THEIR INDEPENDENCE.
Referred to the Committee on Judiciary.
H. 5163 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND MRS. EDITH DUNMYER HOWELL OF CHARLESTON COUNTY FOR THIRTY-ONE YEARS OF EXEMPLARY SERVICE AS A TEACHER OF YOUNG ELEMENTARY STUDENTS, UPON HER RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5166 -- Rep. Sturkie: A CONCURRENT RESOLUTION COMMENDING DOUGLAS MCDOWELL (DOUG) BENNETT OF LEXINGTON COUNTY FOR HIS MANY YEARS OF DEVOTED SERVICE TO EDUCATION AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4987 -- Rep. Corning: 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.
H. 5068 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.
Read the first time and referred to the Committee on Judiciary.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendments report on:
H. 4195 -- Reps. Sharpe, Bruce and Smith: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONES 3, 6, 7, 9, 10, AND 11 AND IN GAME ZONE 4 NO CLOSED SEASON EXCEPT IN WILDLIFE MANAGEMENT AREA HUNT UNIT BOUNDARIES.
Ordered for consideration tomorrow.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 5122 -- Rep. Washington: A BILL TO AMEND SECTION 7-7-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN CHARLESTON COUNTY SO AS TO CHANGE THE VOTING PLACE FOR HOLLYWOOD PRECINCT FROM THE FIRE STATION TO THE TOWN HALL.
(By prior motion of Senator HAYES)
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
S. 1620 -- Senator Pope: A BILL TO AMEND ACT 295 OF 1989, RELATING TO THE REPEAL OF THE PROVISIONS OF LAW WHICH ESTABLISHED THE NEWBERRY COUNTY PARK COMMISSION, SO AS TO PROVIDE THAT THE POWERS, DUTIES, AND FUNCTIONS OF THIS COMMISSION AS OF THE TIME OF ITS REPEAL ARE DEVOLVED UPON THE GOVERNING BODY OF NEWBERRY COUNTY, AND THE ASSETS AND LIABILITIES OF THE COMMISSION ARE TRANSFERRED TO THE GOVERNING BODY OF NEWBERRY COUNTY.
(By prior motion of Senator POPE)
The following Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 5011 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO TRAFFIC, PARKING, AND REGISTRATION OF MOTOR VEHICLES, COLUMBIA CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, H. 5011 was ordered to receive a third reading on Friday, June 1, 1990.
H. 5012 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO INCREASE SPEED LIMIT AT THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1201, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, H. 5012 was ordered to receive a third reading on Friday, June 1, 1990.
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 DRUMMOND, with unanimous consent, the vote whereby the Senate gave unanimous consent for the Bill to be given a third reading on Thursday, May 31, 1990, was reconsidered.
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 17A (Doc. No. 0672I) previously proposed by Senator LONG and printed in the Journal of Wednesday, May 30, 1990.
Senator THOMAS argued contra to the adoption of the amendment.
Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue 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 THOMAS argued contra to the adoption of the amendment.
Senator HAYES asked unanimous consent, with Senator THOMAS retaining the floor, to make a motion to carry over the Bill for consideration on Monday, June 4, 1990.
Senator LINDSAY objected.
Senator THOMAS argued contra to the adoption of Amendment 17A.
Senator WILLIAMS asked unanimous consent, with Senator THOMAS retaining the floor, to make a motion to carry over the Bill for consideration on Monday, June 4, 1990.
Senator LEATHERMAN objected.
Senator THOMAS argued contra to the adoption of Amendment No. 17A.
Senator LONG asked unanimous consent to make a motion to carry over Amendment No. 17A, with Senator THOMAS retaining the floor when the amendment is next considered.
Senator HAYES objected.
Senator THOMAS continued arguing contra to the adoption of Amendment No. 17A.
Senator LONG moved under Rule 15A to set a time certain of 12:20 P.M. to vote on the entire matter of S. 391.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Holland Land Leventis Lindsay Long Martin McConnell McLeod Mitchell Moore Mullinax Saleeby Setzler Smith, H.C. Stilwell Waddell Williams
NAYS
Courson Fielding Giese Gilbert Hayes Helmly Hinds Leatherman Lee Macaulay Martschink McGill O'Dell Passailaigue Peeler Pope Russell Shealy Smith, J.V. Smith, N.W. Thomas Wilson
Having failed to receive the necessary vote, the motion failed.
Senator THOMAS argued contra to the adoption of the amendment.
Senator LONG asked unanimous consent to make a motion to carry over Amendment No. 17A, with Senator THOMAS retaining the floor when the amendment is next considered.
Senator HAYES objected.
Senator THOMAS continued arguing contra to the adoption of Amendment No. 17A.
Senator HAYES asked unanimous consent, with Senator THOMAS retaining the floor, to make a motion to carry over the Bill for consideration on Monday, June 4, 1990.
Senator WILLIAMS objected.
Senator THOMAS argued contra to the adoption of Amendment 17A.
Senator LONG asked unanimous consent, with Senator THOMAS retaining the floor, to make a motion to withdraw Amendment No. 17A.
Senator J. VERNE SMITH objected.
Senator THOMAS argued contra to the adoption of the amendment.
Senator HAYES asked unanimous consent, with Senator THOMAS retaining the floor, to make a motion to carry over the Bill for consideration on Monday, June 4, 1990.
Senator McCONNELL objected.
Senator THOMAS argued contra to the adoption of Amendment No. 17A.
On motion of Senator LONG, with unanimous consent, Amendment No. 17A was laid on the table.
Senator LONG proposed the following Amendment No. 20A (Doc. No. 1815o), which was adopted:
Amend the bill, as and if amended, in Section 48-39-290 of the 1976 Code by inserting immediately after /line/ as contained on line 43 of page 0391-29 the following /unless the pool is built landward of an erosion control structure or device which was in existence or permitted on the effective date of Sections 48-39-270 through 48-39-360 and is built as far landward as practical/.
Amend title to conform.
Senator LONG explained the amendment.
Senator LONG moved that the amendment be adopted.
The amendment was adopted.
Senator COURSON asked unanimous consent to make a motion to carry over S. 391 for consideration on Monday, June 4, 1990.
Senator McCONNELL objected.
Senator HAYES proposed the following Amendment No. 23 (Doc. No. 1818o), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 5 and 6, beginning on line 43, page 0391-37.
Renumber sections to conform.
Amend title to conform.
Senator HAYES argued in favor of the adoption of the amendment and Senator LONG argued contra.
Senator HAYES moved that the amendment be adopted.
Senator LONG moved to lay the amendment on the table.
Senator HAYES, with unanimous consent, was granted leave to address the body with brief remarks.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Holland Lee Leventis Lindsay Long Martschink Matthews McConnell McGill Peeler Rose Saleeby Shealy Smith, H.C. Williams Wilson
NAYS
Bryan Courson Gilbert Hayes Helmly Hinds Hinson Macaulay Martin Mitchell Mullinax O'Dell Passailaigue Pope Russell Smith, N.W. Stilwell Thomas
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 24A (Doc. No. 0873I), which was adopted:
Amend the bill, as and if amended, Section 48-39-290(A)(3) as contained in SECTION 3, page 25, line 11, by inserting after the first /piers/ the words /which are open to the public/.
Amend further, Section 48-39-290(A)(3) as contained in SECTION 3, page 25, line 17 by inserting after /purposes/ the following before the /;/:
/and remain open to the public. In addition, those fishing piers with their associated structures which existed on September 21, 1989, that were privately owned, privately maintained, and not open to the public on this date may also be rebuilt and used for the same purposes if they are constructed to the same dimensions/.
Amend title and renumber sections to conform.
Senator MATTHEWS argued in favor of the adoption of the amendment and Senator LONG argued contra.
Senator MATTHEWS moved that the amendment be adopted.
The amendment was adopted.
Senator COURSON asked unanimous consent to make a motion to carry over S. 391 for consideration on Monday, June 4, 1990.
Senator HINDS objected.
Senator COURSON spoke on the Bill.
Senators WILLIAMS, LONG and HINDS proposed the following Amendment No. 28A (Doc. No. 4126R), which was tabled:
Amend the bill, as and if amended, by adding a new appropriately numbered Section to read as follows:
/SECTION ___. Section 48-39-80(11) of the 1976 Code is amended to read:
"(11) develop a system whereby the council shall have the authority to review all state and federal permit applications in the coastal zone and to certify that these do not contravene the management plan. This shall not apply to freshwater wetlands in the coastal zone which are located west of U.S. Highway 17."/.
Amend title and renumber sections to conform.
Senator HAYES raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator HINDS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senators HINDS and WILLIAMS argued in favor of the adoption of the amendment and Senator HAYES argued contra.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Giese Hayes Helmly Land Martin Martschink McConnell Passailaigue Patterson Rose Russell Shealy Smith, J.V. Smith, N.W. Thomas Wilson
NAYS
Gilbert Hinds Hinson Leatherman Lee Leventis Long Macaulay Matthews McGill Mitchell Mullinax Peeler Pope Saleeby Smith, H.C. Stilwell Williams
The amendment was laid on the table.
Debate was interrupted by recess.
At 1:29 P.M., on motion of Senator McGILL, the Senate receded from business until 2:30 P.M.
At 2:38 P.M., the Senate resumed.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Hayes Helmly Hinds Leatherman Lee Long McConnell Mullinax Rose Russell Saleeby Shealy Smith, H.C. Stilwell Thomas Williams
On motion of Senator HORACE C. SMITH, Senator LINDSAY was granted a leave of absence for the remainder of the day until 2:00 P.M. on Tuesday, June 5, 1990.
Senator STILWELL requested and was granted a leave of absence from 9:00 P.M. today until 2:00 P.M. on Friday, June 1, 1990.
On motion of Senator LONG, Senator LEVENTIS was granted a leave of absence for the remainder of the day.
Senator WILLIAMS moved under Rule 3b to send for the absentee members.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Giese Hayes Hinds Lee Long McConnell Mullinax Peeler Rose Russell Saleeby Smith, H.C. Stilwell Williams
NAYS
Helmly Holland Leatherman Shealy Thomas
Rule 3b was invoked.
At 2:51 P.M., Senator LEATHERMAN moved that the Senate recede from business until a quorum was present.
There was no objection.
At 2:57 P.M. a quorum was present.
The Senate resumed.
On motion of Senator SETZLER, with unanimous consent, that while the Conferees were meeting on H. 4800, the General Appropriation Bill, that they be counted in any quorum calls to be called for any roll call votes, allowing them to vote, and, at the conclusion of the meeting, the Conferees would return to the Senate Chamber.
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
The Senate resumed consideration of the Bill.
Senator WILLIAMS proposed the following Amendment No. 30 (Doc. No. 0874I), which was adopted:
Amend the bill, as and if amended, by adding a new appropriately numbered Section to read as follows:
/SECTION ___. Section 48-39-80(11) of the 1976 Code is amended to read:
"(11) develop a system whereby the council shall have the authority to review all state and federal permit applications in the coastal zone and to certify that these do not contravene the management plan. This shall not apply to freshwater wetlands in the coastal zone which are five miles from any body of saltwater."/.
Amend title and renumber sections to conform.
Senator HAYES raised a Point of Order that the amendment was out of order inasmuch as a similar amendment, Amendment No. 28, had been tabled.
Senator WILLIAMS spoke on the Point of Order.
Senator GIESE spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LONG argued in favor of the adoption of the amendment and Senator HAYES argued contra.
Senator LONG moved that the amendment be adopted.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Hayes Helmly Passailaigue Russell Setzler Smith, N.W. Thomas
NAYS
Giese Gilbert Hinds Holland Leatherman Lee Long Macaulay Martschink Matthews McConnell McGill Moore Mullinax Peeler Rose Saleeby Shealy Smith, H.C. Smith, J.V. Stilwell Williams Wilson
The Senate refused to table the amendment.
I voted against tabling at this time because there needs to be more discussion on this matter. Frankly, jurisdiction over wetlands should be statewide. Wetlands protection is important and should not be limited to 8 coastal counties. No strong arguments are being advanced for treating wetlands differently in each section of the State. If there are reasons, these should be stated. This explains why I voted differently on tabling an earlier, similar amendment.
The question was the adoption of the amendment.
Senator THOMAS argued contra to the adoption of the amendment.
Senator WILLIAMS moved under Rule 15A to set a time certain of 4:35 P.M. to vote on the entire matter of S. 391.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Giese Gilbert Helmly Hinds Holland Land Lee Long Macaulay Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Peeler Pope Rose Saleeby Setzler Smith, H.C. Smith, J.V. Waddell Williams
NAYS
Courson Fielding Hayes Hinson Leatherman Martschink Russell Shealy Stilwell Thomas Wilson
The Senate set 4:35 P.M. as a time certain to vote on the entire matter of S. 391.
Senator THOMAS argued contra to the adoption of the amendment.
By prior motion, the time certain had arrived to vote on the entire matter of S. 391.
Senator HAYES moved to lay Amendment No. 30 on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Gilbert Hayes Helmly Leatherman Macaulay Martschink McConnell O'Dell Passailaigue Rose Russell Setzler Shealy Smith, J.V. Thomas Wilson
NAYS
Giese Hinds Hinson Holland Land Lee Long Matthews McGill McLeod Mitchell Moore Mullinax Patterson Peeler Pope Saleeby Smith, H.C. Stilwell Waddell Williams
The Senate refused to table the amendment.
Senator WILLIAMS moved that the amendment be adopted.
The amendment was adopted.
Senator WADDELL proposed the following Amendment No. 26A (Doc. No. 0878I), which was adopted:
Amend the bill, as and if amended, Section 48-39-360 as contained in SECTION 3, page 36, by striking lines 35-38 in their entirety and inserting in lieu thereof the following:
/"Section 48-39-360. The provisions of Sections 48-39-250 through 48-39-355 do not apply to an area which is at least one-half mile inland from the mouth of an inlet nor to an area which is at least three miles in length and one mile in width and contains three miles of ocean shoreline, one thousand thirty acres of high land and eight hundred forty acres of marsh."/
Amend title to conform.
Senator WADDELL argued in favor of the adoption of the amendment and Senator HAYES argued contra.
Senator WADDELL moved that the amendment be adopted.
Senator HAYES moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Giese Gilbert Hayes Helmly Hinds Macaulay O'Dell Passailaigue Patterson Russell Smith, N.W. Stilwell Thomas Wilson
NAYS
Hinson Holland Land Leatherman Lee Long Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax Peeler Pope Rose Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Waddell Williams
The Senate refused to table the amendment.
The question was the adoption of the amendment.
The amendment was adopted.
Senator LONG proposed the following Amendment No. 31 (Doc. No. 1816o), which was adopted:
Amend the bill, as and if amended, Section 48-39-290, as contained in SECTION 3, by striking lines 23-45 on page 391-28 and lines 1-18 on page 391-29 and inserting:
/(i) Damage to sea walls and bulkheads must be judged on the percent of the structure remaining intact at the time of damage appraisal. The portions of the structure or device above and below grade must be evaluated. Revetments must be judged on the extent of displacement of stone and the effort required to return these stones to the prestorm event configuration of the structure or device. If the property owner disagrees with the appraisal of an appraiser acting on behalf of the council, he may obtain an appraisal by an appraiser to evaluate, as set forth in this item, the damage to the structure or device. If the two appraisals differ, then the two appraisers who performed the appraisal shall select an appraiser to perform the third appraisal. If the first two appraisers are unable to select an appraiser to perform the third appraisal, the clerk of court of the county where the structure or device lies shall make the selection of an appraiser. Nothing in this section prevents a court of competent jurisdiction from reviewing, de novo, the appraisal upon the petition of the property owner./
Renumber sections to conform.
Amend totals and title to conform.
Senator LONG argued in favor of the adoption of the amendment.
Senator LONG moved that the amendment be adopted.
The amendment was adopted.
Senator J. VERNE SMITH requested and was granted a leave of absence from 4:50 P.M. today until 2:00 P.M. on Monday, June 4, 1990.
Senator HOLLAND requested and was granted a leave of absence from 5:15 P.M. today until 2:00 P.M. on Monday, June 4, 1990.
Senator LONG proposed the following Amendment No. 22A (Doc. No. 1817o), which was adopted:
Amend the bill, as and if amended, in Section 48-39-280(A)(4) of the 1976 Code by striking the first paragraph of this subitem (4) which begins on line 33 of page 0391-23 and inserting:
/Notwithstanding any other provision of this section, where a council-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition the Council to move the baseline as far seaward as the landward edge of the erosion control structure or device or if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the Council in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by council-approved beach nourishment./
Amend title to conform.
Senators LONG and HAYES argued in favor of the adoption of the amendment.
Senator LONG moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
THE SENATE PROCEEDED TO A CALL OF THE STATEWIDE UNCONTESTED CALENDAR.
Senator WILLIAMS objected to consideration of any Bill on the Statewide uncontested Calendar.
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 WILLIAMS moved under Rule 15A to set 5:00 P.M. as a time certain to vote on the entire matter of H. 4423.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Lee Long Lourie Macaulay Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Patterson Peeler Pope Russell Saleeby Setzler Smith, H.C. Smith, N.W. Stilwell Waddell Williams
NAYS
Leatherman Martschink Rose Shealy Thomas Wilson
The Senate set a time certain of 5:00 P.M. as a time certain to vote on the entire matter of H. 4423.
By prior motion, the time certain had arrived to vote on the entire matter of H. 4423.
Senators STILWELL and POPE proposed the following Amendment No. 3 (Doc. No. 5084p), which was adopted:
Amend the bill, as and if amended, page 3, Part II, beginning on line 30, by striking SECTION 2 in its entirety and inserting therein:
/SECTION 2. The 1976 Code is amended by adding:
"Section 14-1-215. A retired judge or justice from the Supreme Court, Court of Appeals or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.
In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 and found by the committee to be qualified to serve in these situations within four years of the date of his appointment to serve."/
Amend title to conform.
Senator STILWELL argued in favor of the adoption of the amendment.
Senator STILWELL moved that the amendment be adopted.
The amendment was adopted.
Senators MARTSCHINK and STILWELL proposed the following Amendment No. 4 (Doc. No. 0528I), which was tabled:
Amend the bill, as and if amended, page 3, by inserting on line 27 the following:
"Upon adoption of 1990 decennial census information, to the extent practicable without placing a county in more than one judicial circuit, the General Assembly must redraw the judicial circuits designated above to ensure that the distribution of resident circuit court judges is based upon the ratio of a county's population to the population of the entire State. Thereafter, General Assembly must redraw the judicial circuits upon adoption of the future decennial census information."
Amend title to conform.
Senator STILWELL argued in favor of the adoption of the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senators STILWELL and HINDS proposed the following Amendment No. 6 (Doc. No. 5184P), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 9-8-120(4) of the 1976 Code, as last amended by an unnumbered act of 1990, is further amended to read:
"(4) No justice, or judge while drawing retirement compensation shall engage in the practice of law if such practice shall involve appearing in the courts of this State before a jury, administrative tribunal or judge or shall involve appearing before the Supreme Court of this State. A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State; provided, however, that if such retired justice or judge practices law, he is prohibited from making any appearances in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment by the Chief Justice as a judge or justice in the courts of this State."/
Amend the bill further, as and if amended, on page 5, line 11, as contained in SECTION 5, by inserting after the words /1991./ the following:
/The provision of this act relating to the practice of law by a retired judge or justice shall take effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator STILWELL explained the amendment.
Senator STILWELL moved that the amendment be adopted.
The amendment was adopted.
Senator GILBERT requested and was granted a leave of absence from 5:50 P.M. today until 2:00 P.M. on Monday, June 4, 1990.
Senator WILLIAMS proposed the following Amendment No. 5 (Doc. No. 5165P), which was adopted:
Amend the bill, as and if amended, on page 5, as contained in SECTION 5, by striking the words /April 1, 1991/ on lines 3 and 11 and inserting therein the words /July 1, 1991/ .
Amend title to conform.
Senator WILLIAMS explained the amendment.
Senator WILLIAMS moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 13 (Doc. No. 0872I), which was tabled:
Amend the bill, as and if amended, page 3, SECTION 1, by striking lines 6-14 and inserting the following:
/One judge shall must be elected from the first, second, sixth, twelfth, fourteenth, fifteenth and sixteenth circuits. and two Two judges shall must be elected from the third, fourth, fifth, seventh, eighth, ninth, tenth, eleventh, and thirteenth and fifteenth circuits./.
Amend title to conform.
Senator BRYAN argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.
Senator WILLIAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Fielding Giese Gilbert Hayes Helmly Hinds Hinson Land Lee Long Macaulay Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Patterson Peeler Pope Rose Russell Saleeby Smith, H.C. Stilwell Williams
NAYS
Bryan Leatherman Setzler Shealy Smith, N.W. Thomas Wilson
The amendment was laid on the table.
There being no further amendments, the question was the second reading of the Bill with notice of general amendments on third reading, carrying over all amendments to third reading.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Fielding Giese Gilbert Hayes Hinds Land Lee Long Macaulay McConnell McGill McLeod Mitchell Moore Mullinax Patterson Peeler Pope Rose Russell Saleeby Smith, H.C. Smith, N.W. Stilwell Williams Wilson
NAYS
Bryan Helmly Leatherman Martschink O'Dell Setzler Shealy Thomas
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
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.
Senator WILLIAMS moved that the Bill be made a Special Order.
Senator WILLIAMS withdrew the motion.
On motion of Senator WILLIAMS, the Senate agreed to dispense with the Motion Period.
Senator WILLIAMS moved to withdraw his objection to consideration of any Bills on the Statewide uncontested Calendar.
On motion of Senator WILLIAMS, with unanimous consent, Rule 3b was rescinded.
S. 432 -- Senators Waddell, Lee and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 52 SO AS TO PROVIDE FOR THE PARI-MUTUEL SPORTS ACT BY ESTABLISHING PURPOSES, DEFINITIONS, THE RACING COMMISSION AND ITS POWERS AND DUTIES, RACETRACK MEETINGS, TESTING, LICENSING, DISTRIBUTION OF MONEY, TAXES, RACING DAYS, SOUTH CAROLINA RACES, WAGERING, THE APPLICATION TO STATE AND COUNTY FAIRS, EJECTION AND EXCLUSION FROM A RACETRACK, RELATED OFFENSES, PENALTIES, BUSINESS CONDUCTED ON LICENSED PREMISES, AND REVIEW OF THE COMMISSION; AMEND THE 1976 CODE BY ADDING SECTION 16-19-170 SO AS TO PROVIDE THAT CONDUCT AUTHORIZED BY THIS ACT IS LEGAL AND SECTION 32-1-60 SO AS TO PROVIDE FOR CONTRACT LAW NOT TO APPLY TO CONTRACTS AUTHORIZED PURSUANT TO THIS ACT; REPEAL SECTIONS 52-5-10 THROUGH 52-5-40 RELATING TO HORSE RACING; ADD THE OFFENSES PROVIDED IN THIS ACT TO THE LIST OF FELONIES IN SECTION 16-1-10; PROVIDE FOR A STATEWIDE REFERENDUM ON HORSE AND GREYHOUND RACING WITH PARI-MUTUEL WAGERING; PROVIDE FOR THE COMMISSION'S INITIAL TERMS; AND PROVIDE FOR THE ACT'S EFFECTIVE DATE AFTER THE REFERENDUM.
Senator LONG asked unanimous consent, to make a motion to make the Bill a Special Order.
Senator SETZLER objected.
THE SENATE PROCEEDED TO A CALL OF THE STATEWIDE UNCONTESTED CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 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.
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.
The Senate proceeded to a consideration of the Bill. The question being third reading of the Bill.
Senator BRYAN proposed the following amendment (Doc. No. 5257P), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION ___. The 1976 Code is amended by adding:
"Section 4-9-145. The governing body of a county may appoint and commission as many enforcement officers as may be necessary for the proper security, general welfare and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables, in addition to duties imposed upon them by the governing body of the county; however, such duties shall not conflict with Section 4-9-30(5) as it relates to the reorganization or restructuring of the sheriff's department or the functions and duties presently being performed by the sheriff. These enforcement officers shall exercise their powers on all private and public property within the county."/
Amend title to conform.
Senator BRYAN explained the amendment.
Senator MOORE proposed the following amendment (Doc. No. 0865I, G2), which was adopted:
Amend the bill, as and if amended, by adding a new appropriately numbered section to read as follows:
/SECTION ____. Article 7, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-935. The United States Department of Energy is authorized to place and maintain traffic control devices upon roads within the confines of the lands in Aiken, Allendale, and Barnwell Counties acquired or to be acquired by the United States Government. The Department of Energy is not required to obtain written approval of the Department of Highways and Public Transportation as provided in Sections 56-5-910 and 56-5-930.
The driver of a vehicle must obey the instruction of any traffic control device or sign placed, as provided in this section, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter."/
Amend the bill further, as and if amended, by adding a new appropriately numbered section to read:
/SECTION ___. Section 23-7-40 of the 1976 Code is amended to read:
"Section 23-7-40. The jurisdiction of any such a special state constables shall be constable is confined and limited to the lands and premises acquired or being acquired by the United States Government for the use of the Commission in Aiken, Allendale, and Barnwell Counties. But nothing Nothing contained in this section shall be construed as confining confines or limiting limits the jurisdiction of any such the constable to such the lands and premises while in fresh pursuit of a person for an offense a misdemeanor or felony committed in his presence or for a felony if he reasonably believes upon prompt information or complaint that the person has committed the felony. And the The failure of the United States to acquire title to any of the lands and premises within the boundaries of such the site shall in nowise further does not confine or limit the jurisdiction of the a special state constabulary constable authorized by this chapter."/
Amend the bill further, as and if amended, by adding a new appropriately numbered section to read:
/SECTION ___. Section 23-7-50 of the 1976 Code is amended to read:
"Section 23-7-50. Each such A special State state constable shall possess possesses all of the rights and powers prescribed by law for magistrates' constables and deputy sheriffs and such powers as are usually exercised by marshals and policemen of towns and cities. He shall also act as a conservator of the peace, shall take into custody and carry before the nearest magistrate any person who may, in his view, engage in riotous conduct or violation of the peace and refuse upon his command to desist therefrom, shall arrest any person who may, in his view, commit any felony or misdemeanor commits any misdemeanor or felony in his presence or any felony if he reasonably believes upon prompt information or complaint the person has committed the felony and carry him before a court of competent jurisdiction, and shall execute any and all criminal process from magistrates' courts relating to offenses committed upon any of the lands and premises within his jurisdiction."/
Amend the bill further, as and if amended, by adding a new appropriately numbered section to read:
/SECTION ___. Section 56-5-40 of the 1976 Code is amended to read:
"Section 56-5-40. All the provisions of this chapter, except Articles 27, 33, 35, 37, and 39, and Section 56-5-920 56-5-910 56-5-1610 and 56-5-1620, shall apply to all roads within the confines of lands in Aiken, Allendale, and Barnwell Counties, acquired or to be acquired by the United States Government for use of the Atomic Energy Commission Department of Energy."/
Amend title and renumber sections 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.
H. 4256 -- Reps. Blackwell and Cooper: A BILL TO AMEND SECTION 38-79-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE FOR IT TO BE USED TO PAY GENERAL LIABILITY AS WELL AS MEDICAL MALPRACTICE CLAIMS, SETTLEMENTS, AND JUDGMENTS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator POPE objected to consideration of the Bill.
H. 4770 -- Rep. McLellan: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEATHERMAN objected to consideration of the Bill.
H. 4355 -- Reps. Harvin, T. Rogers, Smith, Elliott, T.M. Burriss, Harwell, Haskins, McLeod, Huff, Blackwell, Burch, Chamblee, K. Bailey, Bruce, Glover, Davenport, Wofford, Jaskwhich and G. Bailey: A JOINT RESOLUTION TO PERMIT THE EXTENSION OF THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
On motion of Senator GIESE, with unanimous consent, the amendment proposed by the Committee on Medical Affairs was withdrawn.
Senator GIESE proposed the following amendment (Doc. No. 1820o), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The early incentive detection period of the State Underground Petroleum Environmental Response Bank Act is extended from December 31, 1989, until thirty days after the effective date of this act, if the claimant can reasonably show that damage caused by Hurricane Hugo was the cause of the need for the extension.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator GIESE explained the amendment.
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4922 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 39-41-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO DETAIL THE REQUIREMENTS FOR STORAGE, DELETE THE REQUIREMENT THAT THE STATE FIRE COMMISSION PROMULGATE REGULATIONS FOR STORAGE, AND PROVIDE FOR THE APPLICATION OF AND EXCEPTIONS TO THE SECTION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN proposed the following amendment (Doc. No. 1819o), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 39-41-260 of the 1976 Code, as added by Act 76 of 1989, is amended to read:
"Section 39-41-260. Petroleum products may be stored above ground. The State Fire Commission shall promulgate regulations necessary to carry out the provisions of this section. (A) The storage, handling, and use of flammable and combustible liquids shall comply with the applicable provisions of the National Fire Protection Association Pamphlet No. 30, 1987 Edition, and all referenced publications in this pamphlet and the National Fire Protection Association Pamphlet No. 30A, 1987 Edition, and all referenced publications in this pamphlet except for the aboveground storage of flammable and combustible liquids at service stations as provided by this section.
(B) A maximum of thirty thousand gallons aggregate capacity of flammable or combustible liquids or both may be stored aboveground at service stations. No single storage tank shall exceed twelve thousand gallons liquid capacity. Service stations with an aboveground storage tank in excess of twelve thousand gallons liquid capacity on the effective date of this provision are exempt from this section.
(C) All aboveground storage tanks located at service stations must be enclosed by an eight-foot high industrial type chain link fence with barbed wire barricade with a minimum of two means of emergency access located at opposite ends of the enclosure. Each access must be at least thirty-six inches wide and must be locked at all times except when entering or exiting. There must be a minimum working distance of at least five feet between the tank and the fence. The area inside the fence and diked area must at all times be clear of trash, combustible storage, and vegetation. Existing service stations on the effective date of this provision with aboveground storage tanks that are enclosed with a fence constructed as referenced above are allowed to continue operating with the existing working distance between the tanks and the fence.
(D) All aboveground storage tanks located at service stations with thirty thousand gallons aggregate storage capacity must be located a minimum of fifty feet from the nearest occupied building on the property, a minimum of fifty feet from a dispenser, a minimum of fifty feet from the nearest side of a public way, and a minimum of one hundred feet from a property line which is or can be built upon including the opposite side of a public way. All aboveground storage tanks located at service stations with twelve thousand gallons aggregate storage capacity must be located a minimum of thirty-seven feet from the nearest occupied building on the property, a minimum of thirty-seven feet from a dispenser, a minimum of thirty-seven feet from the nearest side of a public way, and a minimum of forty feet from a property line which is or can be built upon including the opposite side of a public way. Service stations with twelve thousand gallons aggregate storage capacity shall not have a storage tank in excess of four thousand gallons liquid capacity.
(E) All service stations that have aboveground storage tanks that contain flammable or combustible liquids, or both, shall have a minimum of three hundred thousand dollars of public liability insurance.
(F) Scaled plans for the renovation or construction of a service station that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the State Fire Marshal or his designee by registered receipt mail for approval before beginning construction. The State Fire Marshal or his designee shall approve or deny the plans within sixty calendar days, or they are automatically considered approved. The plans must contain the following information:
(1) site plan;
(2) spill containment plan;
(3) piping layout with valves and fitting details;
(4) normal and emergency ventilation design;
(5) tank capacity and design standard;
(6) electrical plan;
(7) tank and piping support details;
(8) on site fire protection equipment; and
(9) tank location with respect to other tanks and dike.
(G) All feeder lines from aboveground tanks to dispensers located at service stations must be located underground and covered with a minimum of three feet of earth cover or eighteen inches of well tamped earth cover plus six inches of reinforced concrete or eight inches of asphaltic concrete.
(H) Piping must be equipped with a fifty-two valve that cuts off the flow of liquid when the dispensing pump is not operating, as well as a quick shut-off device at the tank that will shut off the flow of product.
(I) All horizontal tanks located at service stations must be installed on steel supports welded to the tank not to exceed six inches in height or placed on concrete support cradles, and all vertical tanks must be installed on gravel with a minimum of six inches reinforced concrete footing. Footing is to be larger than the diameter of the tank.
(J) Two single portable tanks of six hundred sixty gallon capacity or less of Class II or Class III combustible liquid are allowed at service stations and are exempt from the requirements of this section.
(K) All aboveground tanks located at service stations must be clearly labeled with appropriate placards as to the contents of volume and kept free of scale and painted.
(L) A means must be provided to enable determination of liquid level in aboveground tanks located at service stations without requiring a person to climb atop the tank. Provisions must be made to either automatically shut off fuel delivery into the aboveground tank when the liquid level in the tank reaches ninety-five percent of capacity or to sound an audible alarm. This provision shall not apply to horizontal tanks of four thousand gallons or less and vertical tanks of two thousand gallons or less which must be filled with a hand held hose.
(M) Regardless of whether a suction or submersible pump system is used, a listed emergency shut-off valve must be installed in accordance with Section 4-3.6 of the National Fire Protection Association Pamphlet No. 30A, 1987 Edition, at each dispenser connected to an aboveground storage tank located at a service station.
(N) Fill connections located at service stations for tank vehicle unloading operations must be located at least twenty-five feet from aboveground tanks, dispensers, building, and property lines. A check valve, gate valve, and quick connector or a dry break valve must be installed in the piping at a point where connection and disconnection is made for remote tank vehicle unloading. The devices must be protected from tampering and physical damage. Means must be provided to prevent or contain spillage during fuel delivery operations. This provision shall not apply to horizontal tanks of four thousand gallons or less, and vertical tanks of two thousand gallons or less. Fill connections at existing service stations on the effective date of this provision are exempt from the distance requirement referenced above.
(O) Unattended service station installations in accordance with Section 8-5 of the National Fire Protection Association Pamphlet No. 30A, 1987 Edition, are permitted only when the dispensing device is a card lock or key lock type dispenser.
(P) Aboveground storage of flammable or combustible liquids at service stations is prohibited in municipalities with a population of twenty-five thousand persons or greater as determined by the most recent official United States Census, except as otherwise provided in subsection (J) of this section."
SECTION 2. The provisions of Section 39-41-260 of the 1976 Code, as amended by Section 1 of this act, shall apply to all service stations constructed on or after the effective date of this act. Also, all existing service stations on the effective date of this act must comply with the revised provisions of Section 39-41-260 within two years of the effective date of this act, except that existing service stations with aboveground storage tanks are not required to comply with the provisions of Section 39-41-260(D) and existing service stations with an aboveground storage tank in excess of twelve thousand gallons liquid capacity on the effective date of this act are exempt from the provisions of Section 39-41-260(B). An imminent hazard to life shall be addressed immediately as referenced in Section 23-9-150 of the 1976 Code.
SECTION 3. The Division of State Fire Marshal or his designee shall enforce the provisions of Section 39-41-260 of the 1976 Code, as amended by Section 1 of this act.
SECTION 4. The early incentive detection period of the State Underground Petroleum Environmental Response Bank Act is extended from December 31, 1989, until thirty days after the effective date of this act, if the claimant can reasonably show that damage caused by Hurricane Hugo was the cause of the need for the extension.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN explained the amendment.
On motion of Senator BRYAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
H. 5137 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS - LIMITED CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: A BILL TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator LAND proposed the following amendment (Doc. No. 1974X), which was adopted:
Amend the bill, as and if amended, Section 49-5-130, as contained in SECTION 1, page 22, by striking /concurrent/ on line 27 and inserting /joint/.
Amend title to conform.
Senators J. VERNE SMITH and NELL W. SMITH proposed the following amendment (Doc. No. 2137X), which was adopted:
Amend the bill, as and if amended, Section 49-5-30(7), as contained in SECTION 1, by adding after the period on line 40: /This does not include surface water impoundments that normally receive inflow from or discharge into a surface watercourse./
Amend further, Section 49-5-40(C)(1), by striking beginning on line 17 of page 5 /either upon its own motion or/
Amend further, Section 49-5-50(A)(1), page 7, by adding after the period on line 39: /The commission shall not require reports of public supply well water quality where the reports duplicate the requirements of the Department of Health and Environmental Control, are derived from samples collected at times and by methods suitable for the purposes of the commission, and are provided to the commission by the Department of Health and Environmental Control within forty-five days of the date of sample receipt./
Amend further, Section 49-5-50(A)(2), by striking beginning on line 43 of page 7 /and the migration of other contaminants/.
Renumber sections to conform.
Amend title to conform.
Senator HINDS explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator WILLIAMS, with unanimous consent, H. 4038 was ordered to receive a third reading on Friday, June 1, 1990.
H. 4870 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator STILWELL proposed the following amendment (Doc. No. 3777J), which was adopted:
Amend the bill, as and if amended, by striking Section 20-7-954(B) in its entirety and inserting therein the following:
/ "(B) For all child support cases, the child and all other parties in a contested paternity case, upon the request of any party, must be ordered by the court to submit to genetic testing to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate including, but not limited to, pursuant to the provisions of Sections 402(a)(26)(B) of the Social Security Act or where the court determines that the individual involved has good cause for refusing to submit to genetic testing because of (a) the potential for emotional or physical harm to the child, (b) the potential for emotional or physical harm to the custodial parent where the harm reduces the person's ability to care for the child, (c) the potential for physical or emotional harm to the putative parent where that harm outweighs the child's interest in paternity determination, or (d) the potential for violation of an overriding religious belief of either the custodial parent or the putative parent."/
Amend title to conform.
Senator STILWELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator STILWELL, with unanimous consent, H. 4870, was ordered to receive a third reading on Friday, June 1, 1990.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator THOMAS objected to consideration of the Bill.
The following Bill was carried over:
H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.
Senator SALEEBY explained the Bill.
(On motion of Senator MULLINAX)
H. 4987 -- Rep. Corning: 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.
On motion of Senator GIESE, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator GIESE, the Bill was taken up for immediate consideration.
Senator GIESE proposed the following amendment (Doc. No. 5284P), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. A sheriff is authorized to employ a deputy and pay his compensation from funds received from a residential homeowner's association in the county and, in doing so, may assign that deputy to patrol the territory comprising the geographical area represented by the homeowner's association. 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.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
On motion of Senator GIESE, with unanimous consent, H. 4987 was ordered to receive a second and third reading on the next two consecutive legislative days.
On motion of Senator WADDELL, with unanimous consent, the Senate agreed that when the Senate adjourned today, that it meet tomorrow at 11:00 A.M. for local and uncontested matters, and that when the Senate adjourns on Friday, it stand adjourned to meet Monday, June 4, 1990, at 2:00 P.M.
At 5:56 P.M., on motion of Senator MATTHEWS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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