Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.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:
St. Paul gives us some insight in the managing of some of our interpersonal relationships in his letter to the Galatians (6:1):
"If a man should do something wrong, My brothers, on a sudden impulse, You who are endowed with the Spirit Must set him right again very gently."
Let us pray.
Our Father, as we stimulate and challenge each other to sharper thinking and more profound deeds, help us to cultivate the graces of kindness... gentleness... and self control.
We give thanks for the everlasting overarching control of our God who has supported us in our work and brought us to this week.
As President Gorbachev returns to the Soviet Union, and as our President Bush and our Congress assess the conversations at the recent Summit Meeting, come Lord into our Human predicament, as you have so often done in times past, as a catalytic agent in resolving our human differences.
Help us so to labor in these last days of the Session that, at the end, we may hear the Spirit say to us, "Well done, good and faithful servants".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 31, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Insurance Commission, with term to expire June 30, 1996:
1st Congressional District:
Mr. Ike S. Cheves, Post Office Box 101, Walterboro, S.C. 29488 VICE Edward K. Pritchard
Referred to the Committee on Banking and Insurance.
The following was received.
Document No. 1066
Promulgated By Department of Health and Environmental Control
Certification of X-ray equipment - new regulation R.61-98
Received by Lt. Governor June 1, 1989
Referred to Senate Committee on Medical Affairs
120 day expiration date September 29, 1989
Revised Sine Die expiration date: April 16, 1990
Resolution introduced to disapprove S. 1412 (Sen. DRUMMOND) 3/20/90
Senate Medical Affairs Committee requested withdrawal April 12, 1990
120 day review period tolled April 12, 1990
Withdrawn May 31, 1990
The following was received.
Document No. 1213
Promulgated By Department of Health and Environmental Control
Water Classifications and Standards (Marinas)
Received by Lt. Governor January 25, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 25, 1990
House Agriculture and Natural Resources Committee requested withdrawal and resubmission with recommended changes on April 11, 1990
120 day review period tolled
Withdrawn May 31, 1990
On motion of Senator SALEEBY, Senator LOURIE was granted a leave of absence for today.
Senator MARTSCHINK requested and was granted a leave of absence from 3:30 until 11:00 P.M. today.
On motion of Senator SETZLER, with unanimous consent, the Privilege of the Chamber to that area behind the rail, was extended to Mr. and Mrs. Pyles.
On motion of Senators DRUMMOND and BRYAN, with unanimous consent, the Privilege of the Floor was extended to Mrs. Maria McAlister Pyles upon her selection as South Carolina's 1990 Teacher of the Year.
Columbia, S.C., May 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Gregory, Altman, and Clyborne of the Committee of Free Conference on the part of the House on:
H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 31, 1990
Mr. President and Gentlemen of the Senate:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
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. 4657 -- Rep. Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-185 SO AS TO PROVIDE THAT LICENSED RETAIL DEALERS MAY PURCHASE, POSSESS, AND SELL TO QUALIFIED PERSONS ANY FIREARM OR PISTOL WHICH MAY BE USED OR POSSESSED BY LAW ENFORCEMENT OFFICERS IN THIS STATE, AND TO AUTHORIZE THESE QUALIFIED PERSONS TO USE AND POSSESS THESE FIREARMS OR PISTOLS IN THE MANNER PROVIDED BY LAW.
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 has appointed Reps. McLellan, Carnell, and Winstead on the Committee of Conference on the part of the House on:
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
Received as information.
S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.
The House returned the Bill with amendments.
On motion of Senator BRYAN, 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.
The following were introduced:
S. 1633 -- Senators Setzler, 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, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THOMAS H. ACKERMAN OF COLUMBIA FOR HIS MANY ACCOMPLISHMENTS WHILE SERVING AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS UPON THE OCCASION OF HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1634 -- Senators Mullinax, Macaulay and O'Dell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE M. J. "DOLLY" COOPER OF PIEDMONT IN ANDERSON COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, UPON HIS RETIREMENT FROM THE HOUSE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 5167 -- Reps. McLellan and T.C. Alexander: 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 returned to the House.
H. 5157 -- Rep. Blackwell: A BILL TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator J. VERNE SMITH, H. 5157 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:
Appointment, Member, State Board of Corrections, with term to expire June 30, 1996:
6th Congressional District:
Mr. Robert Mitchell Harrelson, 116 State Street, Mullins, S.C. 29574 VICE Eugene N. Zeigler
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:
Hampton/Allendale:
Col. Carl L. Brunson, Route 2, Box 194, Fairfax, S.C. 29827 VICE Robert H. Gifford
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
Appointment, Member, Mining Council, with term to expire June 30, 1990:
Mr. Joseph Charles Northcutt, 1460 Winton Road, Mt. Pleasant, S.C. 29464 VICE Mr. H.W. Hoefer (deceased)
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
Appointment, Member, Mining Council, with term to expire June 30, 1994:
Mr. Dean P. Hudson, 1108 Lakeside Drive, Conway, S.C. 29526 VICE Herbert Woods
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
Appointment, Member, Mining Council, with term to expire June 30, 1994:
Mr. Jack Erik Danel, 7 Hiawatha Drive, Greenville, S.C. 29615 VICE Mr. Jerry B. Dickey
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:
Appointment, Member, Commission on Consumer Affairs, At-Large, with term to expire September 1, 1994:
Ms. DeAnna S. Trout, 1108 Quenby Lane, Moncks Corner, S.C. 29461 VICE Ms. Nell Stewart
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. 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 following House Bills were read the third time, passed and ordered returned to the House with amendments:
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.
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.
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 third reading of the Bill.
Senator LEATHERMAN proposed the following amendment (Doc. No. 1833o), 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.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
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.
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.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The amendment proposed by the Committee on Fish, Game and Forestry (Doc. No. 2100X) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-120 of the 1976 Code, as last amended by Act 170 of 1989, is further amended by adding before the last paragraph:
"In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator FIELDING proposed the following amendment (Doc. No. 2102X), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. The amendment to Section 7-11-15 of the 1976 Code, as contained in Section 1 of this act, extends the time for filing a statement of candidacy as provided by a local law governing a nonpartisan school trustee election for the general election of 1990 and all general elections conducted after that time./
Renumber sections to conform.
Amend title to conform.
Senator FIELDING explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 BY ESTABLISHING SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 GENERAL ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.
On motion of Senator LEVENTIS, H. 4050 was ordered to receive a third reading on Tuesday, June 5, 1990.
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.
On motion of Senator LEVENTIS, S. 1630 was ordered to receive a third reading on Tuesday, June 5, 1990.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WADDELL proposed the following amendment (Doc. No. 2119X), which was adopted:
Amend the bill, as and if amended, by adding four sections to be appropriately numbered to read:
/SECTION ___. (A) Section 12-43-220(g) is amended by adding at the end:
"The commission shall apply an equalization factor to real and personal property owned by or leased to transportation companies for hire as mandated by federal legislation."
(B) Notwithstanding any other provision of this act, this section applies with respect to taxable years beginning after 1989.
SECTION ___. (A) Section 12-3-80 of the 1976 Code is amended to read:
"Section 12-3-80. The chairman of the commission shall devote the his entire time to perform the duties of the office and shall not:
(a) hold any other position of trust or profit,;
(b) engage in any occupation or business interfering with or inconsistent with his duty,;
(c) serve on or under any committee of a political party; or
(d) contribute, directly or indirectly, money or other thing of value in support of any candidate for office or to any political organization."
(B) Notwithstanding any other provision of this act, this section takes effect upon approval by the Governor.
SECTION ___. (A) The last paragraph of Section 12-3-145B of the 1976 Code, as last amended by Act 78 of 1989, is further amended to read:
"The commission, upon receipt of an application and upon proper investigation, has the authority to may declare the real and personal property of any organization qualifying for an exemption from ad valorem taxation identified in this chapter as exempt churches, parsonages, and burying grounds identified in this subsection exempt from ad valorem taxation and shall verify certify the exemption to the auditor's office in the county in which the property is located. Upon verification certification by the commission, the auditor shall void any tax notice applicable to the property."
(B) Notwithstanding any other provision of this act, this section is effective upon approval by the Governor.
SECTION ___. (A) Section 12-3-140(17), as last amended by Act 78 of 1989, is further amended to read:
"(17) Has the sole responsibility for the assessment, appraisal, and equalization of taxable values upon the property and used in the conduct of their business of the following: franchises of street railway companies, mines, electric railways, telephone companies, water, heat, light and power companies, private car lines, pipe line companies, sewer companies, and airlines, and must assess, appraise, and equalize all real and tangible personal property of manufacturers, headquarters, corporate office facilities, distribution facilities, and all additions to establishments. The commission must also assess to the owner all real or personal property leased to or used by the above-mentioned companies using the unit valuation method or other accepted or recognized methods. When the total value of the utility is estimated and the value apportioned to this State, then the value will be distributed to the taxing jurisdiction in each county where the utility has property on a basis of investment in each jurisdiction. It is the responsibility of each county assessor to determine what portion of the total value in each district is to be assessed as real property. The owner of property leased to or used by the above-mentioned companies must make returns to the commission on forms prescribed by the commission. The Tax Commission shall appraise and assess property leased to any taxpayer under its jurisdiction in the name of the lessee when the unit method of valuation is used or when the taxpayer is an airline or private car line if the property is under the control of the taxpayer and the taxpayer is required to pay the tax."
(B) Notwithstanding any other provision of this act, this section is effective for taxable years beginning after 1989./
Renumber to conform.
Amend title to conform.
Senator WADDELL 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 WADDELL, with unanimous consent, H. 4522 was ordered to receive a third reading on Tuesday, June 5, 1990.
S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.
On motion of Senator WILLIAMS, with unanimous consent, the Joint Resolution was referred to the Committee on Finance.
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Resolution.
Senators WILLIAMS, WADDELL, LINDSAY, MARTIN, DRUMMOND, HORACE C. SMITH, HOLLAND, LOURIE, SALEEBY, J. VERNE SMITH, LAND, SETZLER, McLEOD and MOORE proposed the following amendment (Doc. No. 5286P), which was adopted:
Amend the resolution, as and if amended, by striking all after the resolving words and inserting therein:
/That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the following terms and conditions:
(1) When the respective Houses adjourn on Thursday, June 7, 1990, they shall stand adjourned to meet at 10:00 a.m. on June 8, 11, 12, 13, 14, and 15, 1990, for consideration of local uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations.
(2) When the respective Houses of the General Assembly adjourn on June 15, 1990, they shall stand adjourned to meet in regular statewide session at 11:30 a.m. on Monday, June 18, 1990, and may continue in session daily for:
(a) the consideration of any matter pertaining to S. 391, H. 4355, H. 4423, H. 4522, H. 4800, H. 4802, H. 4852, and H. 4922;
(b) gubernatorial vetoes;
(c) receipt and confirmation of appointments;
(d) ratification of acts;
(e) local matters if the affected delegation is unanimous;
(f) resolutions affecting sine die adjournment.
However, the presiding officers of the respective houses may, between June 7, 1990, and June 18, 1990, call their respective houses into session only for the consideration of matters provided for in items (a) through (f) in paragraph (2) of this resolution. The provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution. When the General Assembly adjourns on Thursday, June 21, 1990, no later than 5:00 p.m., and it may stay in session no later than 5:00 p.m., it shall stand adjourned sine die./
Amend title to conform.
Senator WILLIAMS spoke on the Resolution.
Senator WILLIAMS explained the amendment.
On motion of Senator WILLIAMS, the Concurrent Resolution was adopted, ordered returned to the House with amendments.
The following Bill and Joint Resolution were carried over:
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.
(On motion of Senator DRUMMOND)
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 SALEEBY)
On motion of Senator MARTIN, with unanimous consent, the Senate agreed to go into Executive Session prior to recess or adjournment.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, 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 to make the Bill a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Lee Leventis Long Martin Martschink McConnell McGill Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Waddell Williams Wilson
NAYS
Shealy Thomas
The Bill, H. 4423, was made a Special Order.
At 2:47 P.M., on motion of Senator WILLIAMS, the Senate receded from business subject to the Call of the Chair.
At 3:20 P.M., the Senate resumed.
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.
Senator LEATHERMAN moved that the Joint Resolution be made a Special Order.
Senator LEATHERMAN withdrew the motion.
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.
On motion of Senator LEATHERMAN, with unanimous consent, the Joint Resolution was taken up for immediate consideration.
The question being the third reading of the Resolution.
On motion of Senator LEATHERMAN, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4246 -- Reps. McTeer and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-210 SO AS TO LIMIT THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR.
Senator LEVENTIS moved that the Bill be made a Special Order.
Senator MULLINAX argued contra to the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Leatherman Leventis Macaulay Martin Martschink McConnell McGill Passailaigue Patterson Peeler Pope Rose Russell Saleeby Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Williams
NAYS
Land Lee Long Mullinax O'Dell Thomas
The Bill, H. 4246, was made a Special Order.
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 STILWELL, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the third reading of the Bill.
Senator STILWELL proposed the following Amendment No. 4 (Doc. No. 4146R), which was adopted:
Amend the bill, as and if amended, page 2, line 43, Section 44-53-445 of the 1976 Code, as contained in SECTION 2, by inserting after the word /involves/ the following:
/the distribution, sale, manufacture, or possession with intent to distribute/.
Amend further, as and if amended, page 3, line 2, by adding
/When a violation involves only the purchase of a controlled substance, including crack cocaine, the punishment, upon conviction, must be a fine of not to exceed one thousand dollars or imprisonment for a term not to exceed one year or both./
Amend title to conform.
Senator STILWELL explained the amendment.
Senator STILWELL moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 5 (Doc. No. 2875D), which was adopted:
Amend the bill, as and if amended, in Section 59-63-330 of the 1976 Code, as contained in SECTION 4 by striking /calendar/ on line 38 of page 4 and inserting /school/.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator MITCHELL proposed the following Amendment No. 2 (Doc. No. 1768X), which was tabled:
Amend the bill, as and if amended, by striking line 44 on page 2 and lines 1 through 4 on page 3 and inserting: /When a violation involves crack cocaine, the punishment, upon conviction, must be a fine of not less than ten thousand dollars, and or imprisonment for not less than ten five nor more than fifteen ten years./
Amend further by striking Section 3 in its
entirety.
Renumber sections to conform.
Amend title to conform.
Senator MITCHELL spoke on the amendment.
Senator STILWELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE proposed the following amendment (Doc. No. 4016R), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
SECTION ___. Title 40 of the 1976 Code is amended by adding:
Section 40-2-10. This chapter may be cited as the South Carolina Mandatory Suspension of Professional Licenses Act.
Section 40-2-20. (A) In addition to any other disposition authorized by law, every person convicted of any criminal offense involving drugs or controlled substances under the laws of this State, the United States, or any other state, hereinafter referred to in this chapter as a drug offense, shall have any license, certificate, registration, or permit issued to him pursuant to the laws of this State for a profession, occupation, trade, vocation, or business suspended for two years from the date of sentence.
(B) Every person convicted of any drug offense is ineligible for two years from the date of sentence for any license, certificate, registration, or permit required by the laws of this State for a profession, occupation, trade, vocation, or business.
(C) The provisions of this chapter are in addition to the authority of licensing departments, boards, agencies, and commissions of this State to suspend or refuse these licenses or authorities.
Section 40-2-30. (A) When imposing sentence for a drug offense, the court shall inquire as to whether or not the defendant holds a license, certificate, registration, or permit issued by a state agency, department, board, or commission. If the answer is in the affirmative, the court shall order the suspension of the license, certificate, registration, or permit for the period required by this chapter and shall notify in writing the department, board, agency, or commission which issued the license, certificate, registration, or permit of this action.
The court may not suspend or refuse to impose the suspension requirements of this chapter and the suspension period or period of ineligibility begins on the date of sentence.
(B) The notice must indicate, in addition to any information necessary to identify the person convicted, the first and last date of the suspension period, the identification number, if any and if known, of the license, certificate, registration, or permit and the offense for which the person was convicted.
(C) A department, board, agency, or commission which receives such a notice from a court shall promptly accept it, note the suspension in its records, and take whatever action it ordinarily takes to give public notice when a license, certificate, registration, or permit is suspended or revoked. Each department, board, agency, and commission shall also conform its application for licensure forms to include appropriate information blanks as to whether or not the applicant has been convicted of a drug offense within two years of the application."/
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator STILWELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator ROSE spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
There being no further amendments, the question was the third reading of the Bill.
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 Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
On motion of Senator GIESE, the Senate agreed to dispense with the Motion Period.
On motion of Senator MARTIN, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Appointment, Member, State Board of Corrections, with term to expire June 30, 1996:
6th Congressional District:
Mr. Robert Mitchell Harrelson, 116 State Street, Mullins, S.C. 29574 VICE Eugene N. Zeigler
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:
Hampton/Allendale:
Col. Carl L. Brunson, Route 2, Box 194, Fairfax, S.C. 29827 VICE Robert H. Gifford
Appointment, Member, Mining Council, with term to expire June 30, 1990:
Mr. Joseph Charles Northcutt, 1460 Winton Road, Mt. Pleasant, S.C. 29464 VICE Mr. H.W. Hoefer (deceased)
Appointment, Member, Mining Council, with term to expire June 30, 1994:
Mr. Dean P. Hudson, 1108 Lakeside Drive, Conway, S.C. 29526 VICE Herbert Woods
Appointment, Member, Mining Council, with term to expire June 30, 1994:
Mr. Jack Erik Danel, 7 Hiawatha Drive, Greenville, S.C. 29615 VICE Mr. Jerry B. Dickey
Appointment, Member, Commission on Consumer Affairs, At-Large, with term to expire September 1, 1994:
Ms. DeAnna S. Trout, 1108 Quenby Lane, Moncks Corner, S.C. 29461 VICE Ms. Nell Stewart
Reappointment, Member, Saluda County Magistrate, Chief Magistrate, with term to expire April 30, 1994:
Honorable Bruce Horne, Route 3, Box 89, Saluda, S.C. 29138
Reappointment, Member, Saluda County Magistrate, Assistant Magistrate, with term to expire April 30, 1994:
Honorable Sam Pou, Route 4, Box 378, Saluda, S.C. 29138
At 4:08 P.M., the Senate resumed.
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Senator WADDELL made a Report of the Committees of Conference.
Senator MOORE spoke on the Report.
Senator WADDELL moved for Free Conference Powers for H. 4800 and H. 4802.
Senator PASSAILAIGUE spoke on the motion.
Senator HOLLAND spoke on the motion.
Senator McCONNELL spoke on the motion.
Senator THOMAS spoke on the motion.
Senator LAND spoke on the motion.
Senator GIESE spoke on the motion.
Senator LONG spoke on the motion.
Senator MOORE spoke on the motion.
Senator SETZLER spoke on the motion.
Senator MITCHELL spoke on the motion.
Senator LONG spoke on the motion.
On motion of Senator WADDELL, with unanimous consent, Free Conference Powers were granted to the Committees of Conference, whereupon the PRESIDENT appointed Senators WADDELL, MOORE and SETZLER of the Committees of Free Conference on the part of the Senate, and a message was sent to the House accordingly.
Senators McCONNELL, PASSAILAIGUE, BRYAN, ROSE and THOMAS desired to be recorded as voting against Free Conference Powers.
At 6:29 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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