Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of Jesus in the "Sermon On The Mount" recorded by St. Matthew (5:17-19):
"Do not imagine that I have come to
abolish the Law or the Prophets.
I have not come to abolish but to
complete the Law."
Let us pray.
O Lord God, we thank Thee for the memory that on Mount Sinai Moses was given the moral law we call the Ten Commandments for the well being of an ethical and ordered society.
And we thank Thee for the memory of Jesus of Nazareth who taught us to love Thy Law... and that to the Law must be added the spirit of love and concern... and the sense of obedience to duty which enables the Law to fulfill its duty for the ordered, structured, peaceful society.
Help us who make the Laws for our people to manifest the Spirit that fulfills the Law in the brotherhood of all mankind... and keep us all as a family of God... in the Spirit of the "Sermon on the Mount".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 2, 1991
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, State Agency of Vocational Rehabilitation, with term to expire on March 15, 1998:
5th Congressional District:
Mr. J. Hewlette Wasson, Post Office Box 817, Laurens, South Carolina 29360
Referred to the Committee on Medical Affairs.
Reappointment, Member, South Carolina Commission on Aging, with term to commence on July 1, 1991, and to expire on June 30, 1995:
5th Congressional District:
Mrs. Helen D. Brawley, 1456 Sullivan Street, Rock Hill, South Carolina 29730
Referred to the Committee on Medical Affairs.
Appointment, Member, South Carolina Board of Youth Services, with term to expire on September 30, 1991:
5th Congressional District:
Mr. M. Truman Fallaw, 330 Shurley Street, Rock Hill, South Carolina 29732 VICE Joseph W. Hudgens (resigned)
Referred to the Committee on Corrections and Penology.
Reappointment, Member, South Carolina Real Estate Commission, At-Large, with term to commence on July 1, 1991, and to expire June 30, 1994:
Mr. Gerald S. Tompkins, Jr., 425 McIver Street, Greenville, South Carolina 29601
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Member, State Human Affairs Commission, with term to commence on July 1, 1991, and to expire June 30, 1994:
4th Congressional District:
Mr. Anthony D. Bell, 121 Mabry Drive, Spartanburg, South Carolina 29302
Referred to the Committee on Judiciary.
Reappointment, Member, South Carolina Foster Care Review Board, with term to expire on June 30, 1994:
4th Congressional District:
Mrs. Carolyn M. Lee, 7562 Lone Oak Road, Spartanburg, South Carolina 29303
Referred to the Committee on Medical Affairs.
Reappointment, Member, State Human Affairs Commission, with term to commence July 1, 1991, and to expire June 30, 1994:
5th Congressional District:
Mrs. Susie M. Spradley, 2517 1/2 Thomas Street, Camden, South Carolina 29020
Referred to the Committee on Judiciary.
Reappointment, Member, South Carolina Commission for the Blind, with term to expire on May 19, 1994:
5th Congressional District (blind):
Mr. Robert R. Bell, Route 1, Box 737, Laurens, South Carolina 29360
Referred to the Committee on Medical Affairs.
Reappointment, Member, Commission on Mental Retardation, At-Large, with term to commence on July 1, 1991, and to expire on June 30, 1995:
Mr. Clarence H. Buurman, 19 Red Fox Trail, Greenville, South Carolina 29615
Referred to the Committee on Medical Affairs.
Reappointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to commence on July 21, 1991, and to expire on July 20, 1995:
5th Congressional District:
Dr. Robert K. Carley, 2515 Digby Avenue, Newberry, South Carolina 29108
Referred to the Committee on Medical Affairs.
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
Senator PEELER rose to a Point of Privilege.
S. 745 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR BERKELEY COUNTY.
The House returned the Bill with amendments.
On motion of Senator HELMLY, the Senate concurred in the House amendments 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. 844 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. CRAIG MITCHELL FUNDERBURK OF COLUMBIA, A MEMBER OF BOY SCOUT TROOP 22, UPON RECEIVING THE EAGLE SCOUT AWARD.
Returned with concurrence.
Received as information.
S. 845 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ALBERT FOSTER WELCH, SR., OF LEESVILLE.
Returned with concurrence.
Received as information.
S. 846 -- Senators Wilson, Courson, Russell, Thomas, McConnell, Giese, Shealy, Martschink, Stilwell, Peeler and Rose: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. AND MRS. AUGUSTUS FITCH OF COLUMBIA, WHO, ON FEBRUARY 22, 1991, CELEBRATED THEIR FIFTIETH WEDDING ANNIVERSARY.
Returned with concurrence.
Received as information.
S. 847 -- Senator Helmly: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. GEORGE LIJEWSKI OF SUMMERVILLE FOR HIS AMAZING FEAT IN CATCHING A WORLD RECORD ARKANSAS BLUE CATFISH, WEIGHING IN AT ONE HUNDRED NINE POUNDS FOUR OUNCES, IN THE TAILRACE CANAL.
Returned with concurrence.
Received as information.
The following were introduced:
S. 849 -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE COMMITTEE HEARING ROOMS IN THE GRESSETTE BUILDING ON THURSDAY, DECEMBER 5, 1991, AND FRIDAY, DECEMBER 6, 1991, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, forty-two states have successful Youth in Government programs; and
Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and
Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate authorize the Greenville Young Men's Christian Association to use the Senate Chamber and the committee hearing rooms in the Gressette Building on Thursday, December 5, 1991, and Friday, December 6, 1991, to conduct a Youth in Government program.
Be it further resolved that Senate security shall provide assistance and access as necessary for this meeting in accordance with applicable procedures.
Be it further resolved that a copy of this resolution be forwarded to Jim Melton, Sergeant at Arms and Director of Senate Security.
Referred to the Committee on Invitations.
S. 850 -- Senator Rose: A BILL TO AMEND SECTION 41-35-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNEMPLOYMENT BENEFITS, SO AS TO CHARGE THE GENERAL FUND WITH THE BENEFIT PAYMENTS FOR EMPLOYEES WHO REPLACED SERVICEMEN AND WERE LAID-OFF DUE TO THEIR RETURN.
Read the first time and referred to the Committee on Finance.
S. 851 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO REVISE THE PENALTIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 852 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, AND TO PROVIDE A PENALTY.
Read the first time and referred to the Committee on Judiciary.
S. 853 -- Senators Saleeby and J. Verne Smith: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.
Read the first time and referred to the Committee on Medical Affairs.
S. 854 -- Senator Gilbert: A SENATE RESOLUTION TO HONOR THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES FROM SOUTH CAROLINA WHO SUCCESSFULLY AND COURAGEOUSLY DEFENDED OUR COUNTRY DURING OPERATION DESERT STORM AND TO WELCOME THEM HOME.
Whereas, the men and women of the Marine Corps, Navy, Army, and the Air Force Reserves, the South Carolina National Guard and the regular United States Armed Forces have conducted themselves with unyielding loyalty and dedication to the United States of America during Operation Desert Storm; and
Whereas, the men and women of the United States Armed Forces, as well as their families and friends, endured great hardship and sacrifice in an effort to thwart Iraq's naked aggression and tyranny; and
Whereas, the people of South Carolina rallied behind President George Bush in an effort to show their support for the United States troops in the Persian Gulf and sought a safe and swift return for the troops; and
Whereas, the United States Armed Forces and the other coalition forces presented the enemy with a strong unified body of troops whose professionalism and discipline crushed the will of the enemy troops who opposed them; and
Whereas, these soldiers fought with valor and a great spirit of determination and pride for their country; and
Whereas, many of the troops from South Carolina have returned and our citizens are proud of their performance and want to welcome them home; and
Whereas, these soldiers include SPC James Allen, USA; CPL Calonzo Black, USA; SSG Lonza Burgess, USA; SPC Kelvin P. Coker, USA; SGT George Coletrain, USN; A1C Cedric Davis, USAF; AZAN Eric Lee Dickson, USN; SGT Jimmy Ellis, USA; SGT Anthony Frison, USA; SPC Jamie Frison, USA; AN Landry Frison, USN; MSG Macy Gasque, II, USA; SPC Terrell Green, USA; ICFA Darrell Hanna, USN; SPC Preston Harrison, USA; SFC Jefferson Henneghan, USA; SGT Leon Henneghan, USA; SPC Kevin Hicks, USA; SPC Gary Houser, USA; SPC Norine Houser, USA; SGT Levi Jenkins, USA; MSGT Luther Ray Jones, USAF; SSGT Dewain Matthews, USMC; SSGT Gregory Matthews, USA; OS3 Robert Matthews, USN; SPC Angela McCullum, USA; SSGT Ronald McKithen, USAF; SPC Debra Paul, USA; SPC Tyrus Riley, USA; SSG Larry Robinson, USA; SPC Gregory Sargent, USA; PFC Marvin Singletary, USA; SPC Anthony Small, USA; SGT David Thomas, USA; TSGT Bernard Williams, USAF; and SSGT John Wright, USA. Now, therefore,
Be it resolved by the Senate:
That the members of the General Assembly and the people of South Carolina are grateful to the men and women of the Marine Corps, Navy, Army and the Air Force Reserves, the South Carolina National Guard and the regular United States Armed Forces for successfully and courageously defending our nation and hereby bestow upon them our highest honor and respect for their essential role in Operation Desert Storm and welcome them home with praises and open arms.
Be it further resolved that a copy of this resolution be forwarded to Eston Marchant, Adjutant General of South Carolina, and each of the soldiers named above.
On immediate consideration, the Senate Resolution was adopted.
H. 3780 -- Reps. Tucker, P. Harris, Shirley and Townsend: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING MR. LAWRENCE B. (LARRY) MILLER OF ANDERSON COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE ECONOMIC DEVELOPMENT AND WELL-BEING OF HIS COMMUNITY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3738 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN THE 1990 SCHOOL YEAR BY PUBLIC SCHOOL STUDENTS IN KERSHAW COUNTY WHEN SCHOOLS WERE CLOSED DUE TO FLOODING AND IMPASSABLE ROADS ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
Read the first time and referred to the Committee on Education.
H. 3743 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE ETHICS AND ACCOUNTABILITY IN GOVERNMENT ACT WITH PROVISIONS TO REVISE LOBBYING DEFINITIONS, PRACTICES, AND REPORTING, CAMPAIGN, EXPENDITURE, AND CONTRIBUTION PRACTICES AND REPORTING, RULES OF CONDUCT, FINANCIAL DISCLOSURE, AND THE COMPOSITION, AUTHORITY, AND PROCEDURES OF THE STATE ETHICS COMMISSION, DELETE THE LEGISLATIVE MEMBERS OF THE STATE BOARDS AND COMMISSIONS REFERENCED IN SECTIONS 13-17-10 ET SEQ., 59-121-10 ET SEQ., 59-7-10 ET SEQ., 59-133-10 ET SEQ., 59-113-10 ET SEQ., 59-135-10 ET SEQ., 59-123-10 ET SEQ., 59-127-10 ET SEQ., 59-117-10 ET SEQ., 59-125-10 ET SEQ., 43-21-10 ET SEQ., 31-3-110 ET SEQ., 1-13-10 ET SEQ., 23-25-10 ET SEQ., 46-39-10 ET SEQ., 48-39-10 ET SEQ., 48-23-10 ET SEQ., 41-43-10 ET SEQ., 51-19-10 ET SEQ., 50-11-20 ET SEQ., 49-3-10 ET SEQ., 50-3-10 ET SEQ., 37-1-101 ET SEQ., 39-43-20 ET SEQ., 40-56-10 ET SEQ., 55-5-30 ET SEQ., 56-1-10 ET SEQ., 14-27-10 ET SEQ., 17-4-10 ET SEQ., 24-26-10 ET SEQ., 11-35-4410 ET SEQ., 59-30-10 ET SEQ., 1-29-10 ET SEQ., 20-7-5810 ET SEQ., 20-7-5410 ET SEQ., 20-7-5620 ET SEQ., 59-11-20 ET SEQ., 48-18-10 ET SEQ., 57-3-1020 ET SEQ., 48-21-20 ET SEQ., 46-32-10 ET SEQ., 51-17-10 ET SEQ., 41-21-20 ET SEQ., 43-21-130 ET SEQ., 59-6-15 ET SEQ., 46-7-10 ET SEQ., 44-7-2510 ET SEQ., 11-37-200 ET SEQ., 20-7-128 ET SEQ., 48-9-230 ET SEQ., 2-71-10 ET SEQ., 59-48-10 ET SEQ., AND 59-130-10 ET SEQ.; AND TO REPEAL CHAPTER 17 OF TITLE 2 AND CHAPTER 13 OF TITLE 8 RELATING TO LOBBYISTS AND LOBBYING AND ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES.
Read the first time and referred to the Committee on Judiciary.
Senator BRYAN, from the Committee on Corrections and Penology, submitted a favorable with amendment report on:
S. 194 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-601 SO AS TO PROVIDE THAT A JUVENILE MAY NOT BE INCARCERATED IN A JAIL OR OTHER PLACE OF DETENTION FOR CONTEMPT OF COURT FOR COMMITTING OR VIOLATING A COURT ORDER PROHIBITING THE COMMISSION OF A STATUS OFFENSE, AND BY ADDING SECTION 20-7-602 SO AS TO PROVIDE THAT THE TERMS "JAIL OR OTHER PLACE OF DETENTION" AND "DETENTION FACILITIES" INCLUDE A LAW ENFORCEMENT LOCKUP OR HOLDING CELL FOR PURPOSES OF CERTAIN PROVISIONS OF LAW PROHIBITING THE PLACING OF A JUVENILE IN JAIL FOR A STATUS OFFENSE OR THE PLACING OF A JUVENILE LAWFULLY IN JAIL IN THE SAME CELL WITH ADULTS.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:
S. 295 -- Senators Setzler and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-31 SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF CHILDREN TO ATTEND THE PUBLIC SCHOOLS OF ANY SCHOOL DISTRICT, AND SECTION 59-63-32 SO AS TO PERMIT A SCHOOL DISTRICT TO IMPOSE CERTAIN REQUIREMENTS ON ADULTS SEEKING TO ENROLL A CHILD IN A SCHOOL OF THAT DISTRICT.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:
S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: A BILL TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-160 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS, SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION FOR EIGHTH GRADE STUDENTS, SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE, AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 757 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-570 SO AS TO MAKE IT UNLAWFUL TO CONDUCT A COMPETITION FOR THE TAKING OR DISPLAY OF BIG GAME, TO PROVIDE AN EXEMPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 763 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-85 SO AS TO MAKE UNLAWFUL AND PROHIBIT CERTAIN ACTIVITY WITHIN ONE HUNDRED YARDS OF THE SOUTH OCEAN JETTY AT THE ENTRANCE TO MURRELLS INLET AND TO PROVIDE FOR A PENALTY.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 787 -- Senator Drummond: A BILL TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN WORDS, PHRASES, AND TERMS RELATING TO FISH AND GAME LAWS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-05 SO AS TO DEFINE TERMS AND SECTION 50-3-75 SO AS TO PROVIDE DUTIES FOR THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-15-50, RELATING TO NONGAME AND ENDANGERED SPECIES, SO AS TO DELETE PROVISIONS AUTHORIZING AGREEMENTS BETWEEN THE WILDLIFE AND MARINE RESOURCES COMMISSION AND OTHER ENTITIES AND DELETE THE REFERENCES TO CERTAIN REGULATIONS; AND TO REPEAL SECTIONS 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, AND 50-21-1010 AND CHAPTER 25 OF TITLE 50 RELATING TO BOATING AND WILDLIFE CONSERVATION.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 788 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable with amendment report on:
S. 791 -- Senator Drummond: A BILL TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24, BY ADDING SECTION 24-21-221, SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND 24-21-930, RELATING TO PAROLE ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210 AND TO PROVIDE THAT A PARDON DOES NOT EXPUNGE A RECORD OF CONVICTION; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14, RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable report on:
S. 832 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, RELATING TO JUVENILE DETENTION SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1992, TO JANUARY 1, 1993.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 834 -- Senator Drummond: A BILL TO AMEND SECTION 50-21-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "MARINE MANUFACTURER", "MARINE DEALER", "CERTIFICATE OF NUMBER", AND "TEMPORARY CERTIFICATE OF NUMBER"; TO AMEND SECTION 50-21-40, RELATING TO THE ADMINISTRATION OF CHAPTER 21 OF TITLE 50 (EQUIPMENT AND OPERATION OF WATERCRAFT), SO AS TO DELETE REFERENCE TO THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, PROVIDE FOR A MINIMUM FINE IN CASES WHERE A PENALTY IS NOT SPECIFIED AND TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 50-21-320, RELATING TO THE PROVISION THAT CERTAIN MARINE VESSELS NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT ONE OF THE CONDITIONS UNDER WHICH A VESSEL NEED NOT BE NUMBERED OCCURS DURING THE USE OF A WATERCRAFT UNDER AUTHORITY OF A VALID TEMPORARY CERTIFICATE OF NUMBER ISSUED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OR ITS AUTHORIZED AGENT; TO AMEND THE 1976 CODE BY ADDING SECTION 50-21-345 SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE TEMPORARY CERTIFICATES OF NUMBER TO PERMIT THE USE OF WATERCRAFT WHILE APPLICATIONS FOR NUMBERS ARE BEING PROCESSED; TO AMEND SECTION 50-21-370, RELATING TO TERM AND RENEWAL OF CERTIFICATES UNDER THE LAW ON EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO ALLOW THE DEPARTMENT TO ISSUE A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES TO A PERMITTED MARINE DEALER OR MARINE MANUFACTURER; TO AMEND SECTION 50-21-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP OF A MOTORBOAT, SO AS TO SUBSTITUTE "WATERCRAFT" FOR "MOTORBOAT" AND ALLOW THE PURCHASER TO OPERATE THE WATERCRAFT FOR UP TO SIXTY DAYS, RATHER THAN THIRTY DAYS, ON A TEMPORARY BASIS; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A MARINE VESSEL, NOTICE, AND TERMINATION OF CERTIFICATE, SO AS TO DELETE CERTAIN PROVISIONS AND REQUIRE THE OWNER TO NOTIFY THE DEPARTMENT IN WRITING WITHIN TEN DAYS IF ANY REGISTERED WATERCRAFT IS ABANDONED, JUNKED, OR DESTROYED OR IS USED IN THE MANUFACTURE OR REMANUFACTURE OF ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW ON THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "DEALER'S PERMIT", INCLUDING THE ADDITION OF PROVISIONS REGARDING A DEALER WHO FAILS TO MEET MINIMUM REQUIREMENTS EACH YEAR; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO DELETE REFERENCE TO "DIVISION" AND REPLACE IT WITH "DEPARTMENT", REQUIRE THAT THE APPLICATION BE MADE WITHIN TWENTY DAYS OF THE DATE OF PURCHASE, MAKE REFERENCE TO MARINE DEALERS, REQUIRE THE DEALER TO MAIL OR DELIVER THE APPLICATION TO THE DEPARTMENT WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF THE SALE, PROVIDE THAT A DEALER, UPON TRANSFERRING A WATERCRAFT OR OUTBOARD MOTOR TO ANOTHER PERSON, OTHER THAN BY CREATION OF A SECURITY INTEREST, WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF SALE SHALL EXECUTE THE ASSIGNMENT AND WARRANTY OF TITLE BY A DEALER, AND PROVIDE THAT DEALERS ARE NOT REQUIRED TO OBTAIN TITLES FOR NEW VESSELS AND OUTBOARD MOTORS HELD IN THEIR INVENTORY FOR SALE UNTIL THEY ARE SOLD OR EXCHANGED, SO LONG AS A PROPER MANUFACTURER'S OR IMPORTER'S CERTIFICATE IS HELD BY THE DEALER; TO AMEND SECTION 50-23-170, AS AMENDED, RELATING TO SERIAL NUMBERS FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROHIBIT BEING IN POSSESSION OF A PARTICULAR WATERCRAFT OR OUTBOARD MOTOR UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO OPERATION OR TRANSFER OF WATERCRAFT OR MOTOR WITHOUT A CERTIFICATE, CERTAIN UNLAWFUL ACTS REGARDING WATERCRAFT AND MOTORS, AND FAILURE TO DELIVER OR SURRENDER A CERTIFICATE, SO AS TO PROHIBIT BEING IN POSSESSION OF CERTAIN WATERCRAFT OR OUTBOARD MOTORS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-205, AS AMENDED, RELATING TO SEIZURE OF CERTAIN WATERCRAFT, NOTICE OF SEIZURE, AND DISPOSAL OF WATERCRAFT, SO AS TO ADD PROVISIONS REGARDING WHAT THE DEPARTMENT SHALL DO WHEN THE DEPARTMENT DETERMINES THE OWNER OF ANY SEIZED WATERCRAFT OR OUTBOARD MOTOR, INCLUDING PROVISIONS FOR FORFEITURE; AND TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES UNDER THE LAW ON TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE SPECIAL PENALTIES FOR ANY DEALER WHO VIOLATES THE PROVISIONS OF CHAPTER 23 OF TITLE 50, AND PROVIDE THAT ANY PERSON WHO UTTERS A FRAUDULENT CHECK TO THE DEPARTMENT FOR FEES, OR IS CONVICTED OF VIOLATING ANY PROVISION OF CHAPTER 23 OF TITLE 50, MAY BE DENIED FUTURE DEALER PERMITS BY THE DEPARTMENT.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 835 -- Senators Martschink and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-165 SO AS TO PROVIDE FOR THE TAKING OR POSSESSING OF HORSESHOE CRABS AND PENALTIES.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
H. 3008 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-12 SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO DESIGNATE NOT MORE THAN TWO DAYS IN EACH CALENDAR YEAR AS FREE FISHING DAYS AND TO PROVIDE THAT RESIDENTS OF THIS STATE, WITHOUT OBTAINING A FISHING LICENSE, MAY EXERCISE THE PRIVILEGES OF A HOLDER OF A FISHING LICENSE, SUBJECT TO LIMITATIONS AND RESTRICTIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT COMMERCIAL FISHING LICENSES.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
H. 3246 -- Reps. Wright, Wilkes, D. Elliott and Sharpe: A BILL TO AMEND SECTION 52-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOXING, WRESTLING, OR SPARRING EVENTS NOT SUBJECT TO REGULATION BY THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY APPROVE EXEMPTION FROM REGULATION EVENTS OF AMATEUR ASSOCIATIONS OR GROUPS AND TO DELETE PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH AN AMATEUR BOXER MAY APPEAR ON A PROFESSIONAL CARD; AND TO AMEND SECTION 52-7-310, AS AMENDED, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT SUCH COMMISSIONS ARE APPOINTED BY THE GOVERNING BODY OF THE COUNTY FOR TERMS OF FOUR YEARS.
Ordered for consideration tomorrow.
Fielding Hinds Holland
McGill Moore Mullinax
O'Dell Passailaigue Smith, J.V.
Stilwell Thomas Washington
Wilson
Reese
Hinson Rose
Senator HOLLAND, from the General Committee, submitted a favorable report on:
H. 3289 -- Rep. J. Bailey: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.
Ordered for consideration tomorrow.
Fielding Hinds Hinson
Holland McGill Moore
Mullinax O'Dell Passailaigue
Rose Stilwell Thomas
Washington Wilson
Reese
Smith, J.V.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:
H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
H. 3715 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1334, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
On motion of Senator MOORE, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator LAND proposed the following Amendment No. A (RES388.35), which was tabled:
Amend the committee report, as and if amended, page xvi, Section 44-96-50(E) by deleting lines 20 through 24.
Amend title to conform.
Senator MOORE explained the amendment.
Senator BRYAN 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 Drummond
Fielding Hayes Helmly
Hinds Hinson Holland
Lourie Macaulay Martschink
Matthews McConnell McGill
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Washington Williams
Wilson
Mitchell Pope Saleeby
The amendment was laid on the table.
Senator BRYAN asked unanimous consent to make a motion to adjourn debate on the Bill with Senator MOORE retaining the floor.
Senator LEATHERMAN objected.
Senator BRYAN moved to adjourn debate on the Bill, which motion was adopted.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3064 -- Reps. P. Harris, Carnell, Corning, J. Harris and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.
H. 3072 -- Reps. P. Harris, Carnell, J. Harris, Waites, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.
H. 3074 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.
H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.
Senator BRYAN explained the Bill.
H. 3553 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.
Senator SALEEBY explained the Joint Resolution.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 716 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.
S. 376 -- Senators Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 3733 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE NAME OF THE WIDE AWAKE PRECINCT TO STRATFORD.
On motion of Senator HELMLY, H. 3733 was ordered to receive a third reading on Friday, April 5, 1991.
H. 3045 -- Reps. P. Harris and Waldrop: A BILL TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.
H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.
S. 431 -- Senator Drummond: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAD CHECKS, SO AS TO SPECIFICALLY MAKE IT UNLAWFUL TO DRAW, MAKE, UTTER, ISSUE, OR DELIVER A BAD CHECK FOR PAYMENT ON A LEASE AGREEMENT OR TO PAY RENT.
Senator POPE explained the Bill.
On motion of Senator DRUMMOND, with unanimous consent, S. 431 was ordered to receive a third reading on Friday, April 5, 1991.
S. 434 -- Senator Passailaigue: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.
S. 793 -- Senators Washington and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF AND PROSECUTION FOR FRAUDULENT INTENT IN DRAWING A CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM FIFTEEN TO TWENTY DOLLARS.
H. 3432 -- Rep. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
On motion of Senator POPE, with unanimous consent, H. 3432 was ordered to receive a third reading on Friday, April 5, 1991.
H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: GRADES 9-12, VII. THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1348, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SETZLER explained the Joint Resolution.
On motion of Senator SETZLER, with unanimous consent, H. 3478 was ordered to receive a third reading on Friday, April 5, 1991.
H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1349, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, H. 3479 was ordered to receive a third reading on Friday, April 5, 1991.
H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SETZLER explained the Joint Resolution.
On motion of Senator SETZLER, with unanimous consent, H. 3480 was ordered to receive a third reading on Friday, April 5, 1991.
H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SETZLER explained the Joint Resolution.
On motion of Senator SETZLER, with unanimous consent, H. 3481 was ordered to receive a third reading on Friday, April 5, 1991.
H. 3535 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM/CURRICULUM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, H. 3535 was ordered to receive a third reading on Friday, April 5, 1991.
S. 200 -- Senators Giese, Courson and Wilson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD200.1), was adopted as follows:
Amend the bill, as and if amended, page 1, line 36, in Section 16-11-700(C)(1), as contained in SECTION 1, by inserting /A violation of the provisions of this section is triable in the magistrates's court, and the punishment shall not be more than is permitted by law without presentment or indictment of the grand jury./ after /court./ .
Amend title to conform.
Senator POPE 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.
H. 3633 -- Rep. Gregory: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF GLASSWARE AND MIXERS PACKAGED WITH ALCOHOLIC LIQUORS PROVIDED BY THE MANUFACTURER.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator SALEEBY proposed the following amendment (RES3633.01), which was adopted:
Amend the committee amendment , as and if amended, Section 61-3-1030 as contained in SECTION 1, page ii, line 1 by striking the word "beverages" and inserting the word "liquors".
Amend title to conform.
Senator SALEEBY explained the amendment.
The amendment was adopted.
The amendment proposed by the Committee on Judiciary (JUD3633.2), was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 21, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 61-3-1030 of the 1976 Code is amended to read:
"Section 61-3-1030. Notwithstanding the provisions of Section 61-3-1020, retail dealers licensed under the provisions of this chapter, Chapter 7 and Article 3 of Chapter 13, may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen percent of alcohol by volume shall be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in sealed containers of two ounces or less.
In addition, retail dealers may sell glassware packaged together with alcoholic liquors if the glassware and alcoholic beverages are packaged together by the wholesaler or manufacturer in packaging provided by the manufacturer.
Retail dealers may also sell nonalcoholic beverages packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are packaged together by the manufacturer.
The provisions of this section shall not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement thereof."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time.
On motion of Senator SALEEBY, H. 3633 was ordered to receive a third reading on Friday, April 5, 1991.
S. 843 -- Judiciary Committee: A BILL TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER, AND THAT IF A CIVIL OR CRIMINAL MATTER INVOLVES THE SUBSTANTIVE LEGAL RIGHTS OF ANY PARTY, THEN THE SUBSTANTIVE LEGAL PRINCIPLES, AS PROVIDED FOR IN STATUTES AND CASE LAW, MUST BE APPLIED.
Senator McCONNELL raised a Point of Order that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 3227 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.
Senator MACAULAY explained the Concurrent Resolution.
The Concurrent Resolution was adopted and returned to the House.
S. 780 -- Senators Wilson and Patterson: A SENATE RESOLUTION TO EXTEND THE PRIVILEGE OF THE CHAMBER BEHIND THE RAIL TO THE IRMO HIGH SCHOOL "YELLOW JACKETS" BASKETBALL TEAM ON WEDNESDAY, APRIL 10, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.
The Senate Resolution was adopted and sent to the House.
S. 823 -- Senator Russell: A SENATE RESOLUTION TO GRANT DR. REED TUCKSON, SENIOR VICE PRESIDENT OF THE MARCH OF DIMES AND A SPECIAL GUEST OF THE JUNIOR LEAGUES OF SOUTH CAROLINA, ACCESS TO THE SENATE FLOOR TO ADDRESS THE SENATE BRIEFLY TUESDAY, APRIL 30, 1991.
The Senate Resolution was adopted and sent to the House.
S. 572 -- Senator Drummond: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.
Senator WILSON asked unanimous consent to make to motion to withdraw the Minority Report from the Bill.
Senator SALEEBY objected.
S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.
On motion of Senator NELL W. SMITH, the Bill was carried over.
H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LEATHERMAN, the Joint Resolution was carried over.
H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
On motion of Senator SALEEBY, the Joint Resolution was carried over.
H. 3205 -- Reps. M.O. Alexander, T.C. Alexander, Cato, Clyborne, Corning, Burch, D. Elliott, Gentry, Haskins, Hayes, Hodges, Houck, J.W. Johnson, Keegan, Kempe, Keyserling, Kinon, Kirsh, Klapman, Manly, L. Martin, Mattos, McElveen, Rudnick, Stoddard, Waldrop, R. Young, Koon, Boan, Wells, Quinn, Neilson, McLeod, T. Rogers, Hallman, Sturkie, McGinnis, Littlejohn, Baxley, Keesley, McKay, Wofford, L. Elliott, Cromer, Fulmer, Lanford, Altman, J. Williams, Huff, Rama, D. Williams, Wilkes, Cole, Smith, Wilkins, Burriss, Carnell, Waites, Foster, P. Harris, Derrick, J. Harris, Phillips, Farr, J.C. Johnson, White, Sharpe and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.
On motion of Senator McCONNELL, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator LOURIE, with unanimous consent, the Bill was carried over not to be considered before Tuesday, April 16, 1991, with Senator LOURIE retaining the floor.
Senator WADDELL moved that when the Senate adjourns on Friday it stand adjourned to meet next Tuesday, April 9, 1991 at 12:00 Noon, which motion was adopted.
At 12:52 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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