Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by Senator J. VERNE SMITH as follows:
It says in the Bible to love thy God with all thy heart and thy neighbor as thyself. Let us pray.
Dear God, our hearts of full of thanksgiving this morning that our friend and colleague, Senator Phil Leventis, is back with us safe from the war. We pray You'll guide us in our deliberations and help us to make good decisions that will benefit Thy children, our people, the most. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., April 11, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.44, H. 3641 by a vote of 3 to 0:
(R44) H. 3641 -- Rep. Harvin: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.
Very respectfully,
Speaker of the House
(R.44) H. 3641 -- Rep. Harvin: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.
The veto of the Governor was taken up for immediate consideration.
Senator LAND moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Leventis Long
Lourie Macaulay Martin
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson
The veto of the Governor was overridden.
Columbia, S.C., April 11, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.45, H. 3700 by a vote of 4 to 0:
(R.45) H. 3700 -- Rep. Sheheen: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.
Very respectfully,
Speaker of the House
(R45) H. 3700 -- Rep. Sheheen: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.
The veto of the Governor was taken up for immediate consideration.
Senator HOLLAND moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Leventis Long
Lourie Macaulay Martin
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson
The veto of the Governor was overridden.
April 12, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
RE: Invitation to Members of the Senate
South Carolina Society of Ophthalmology
Dear Senator Moore:
In reference to the above styled matter, it is our professional privilege to formally extend an invitation to the members of the Senate, their spouses, and staff to attend our Annual Legislative Reception on Wednesday, May 8, 1991, at the Capital City Club from 6:00 P.M. to 8:00 P.M.
We trust that you will act favorably through your acceptance of this invitation.
Thanking you for your consideration in this matter, and with kindest regards and best wishes, we remain
Very truly yours,
Richard C. Goodwin, M.D.
President
Referred to the Committee on Invitations.
The following were received:
Document No. 1192
Promulgated By Health and Environmental Control
Standards for Licensing Community Residential Care Facilities
Received By Lt. Governor June 25, 1990
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 7, 1991
Withdrawn and resubmitted March 21, 1991
Withdrawn and resubmitted April 10, 1991
Document No. 1266
Promulgated By Department of Health and Environmental Control
Air Pollution Control Regulations and Standards
Received By Lt. Governor September 12, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 7, 1991
Withdrawn and resubmitted April 12, 1991
Document No. 1336
Promulgated By Department of Health and Environmental Control
Air Pollution Control Standards, Standard No. 8, Toxic Air Pollutants (Additional Chemicals)
Received By Lt. Governor February 12, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 12, 1991
Withdrawn and resubmitted April 12, 1991
Lt. Governor Nick Theodore introduced Dr. Hal Shaw of Greenville, S.C., Doctor of the Day.
Senator SALEEBY requested and was granted a leave of absence for Wednesday, April 17, 1991.
Columbia, S.C., April 16, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 16, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Reappointment, Member, State Ethics Commission, with term to expire on May 31, 1995:
4th Congressional District:
Mr. William A. Coates, 214 Cleveland Street, Greenville, South Carolina 29601
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 16, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Reappointment, Member, Kershaw County Master-In-Equity, with term to expire on July 1, 1995:
Mr. Rolly W. Jacobs, P.O. Box 664, Camden, South Carolina 29020
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 10, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
Very respectfully,
Speaker of the House
On motion of Senator DRUMMOND, with unanimous consent, the Senate receded from its amendments to the Bill.
Senator PASSAILAIGUE rose to a Point of Personal Privilege.
S. 806 -- Senator McGill: A CONCURRENT RESOLUTION DECLARING APRIL 28, 1991, AS "WORKERS' MEMORIAL DAY" IN TRIBUTE TO THE WORKING MEN AND WOMEN WHO HAVE LOST THEIR LIVES BECAUSE OF WORKPLACE INJURIES AND ILLNESSES.
Returned with concurrence.
Received as information.
On motion of Senator DRUMMOND, with unanimous consent, the Senate proceeded to hold an election to the State Reorganization Commission.
Senator PEELER nominated Senator LEVENTIS.
Senator HINSON seconded the nomination.
Senator J. VERNE SMITH moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Senator LEVENTIS was elected to the State Reorganization Commission for the term prescribed by law.
Senator DRUMMOND, with unanimous consent, was granted leave to address brief remarks to the body.
Senator WADDELL, Chairman of the Senate Finance Committee, with unanimous consent, was granted leave to address the Senate regarding the Finance Committee Report on the General Appropriation Bill, H. 3650.
Senators LEATHERMAN, SETZLER and THOMAS spoke on the Finance Committee Report.
On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following were introduced:
S. 881 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 8, 1991, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1994; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1995.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House on Wednesday, May 8, 1991, to elect a successor to The Honorable John Hamilton Smith, Circuit Judge of the First Judicial Circuit whose term expires June 30, 1992; to elect a successor to The Honorable Hubert E. Long, Circuit Judge from the Eleventh Judicial Circuit whose term expires June 30, 1994; and a successor to The Honorable Luke Brown, Circuit Judge from the Fourteenth Judicial Circuit whose term expires June 30, 1994; and to elect judges of the family court from the Fifth Judicial Circuit, Seat 2, Tenth Judicial Circuit, Seat 3, Thirteenth Judicial Circuit, Seat 1, and Fifteenth Judicial Circuit, Seat 1, whose terms expire on June 30, 1995.
Referred to the Committee on Invitations.
S. 882 -- Senators Drummond, Land and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-55 SO AS TO ENACT THE "FAIR WHOLESALE PRICING OF MOTOR FUEL ACT", BY PROHIBITING A MOTOR FUEL REFINER OR SUPPLIER FROM SELLING AT WHOLESALE AT A PRICE GREATER THAN OR EQUAL TO THE PRICE THE REFINER OR SUPPLIER SELLS THE SAME GRADE OF MOTOR FUEL AT A RETAIL OUTLET OPERATED BY THE REFINER OR SUPPLIER OR GREATER THAN OR EQUAL TO THE LOWEST PRICE THE REFINER OR SUPPLIER SELLS THE SAME GRADE OF MOTOR FUEL TO A COMMERCIAL ACCOUNT, AND TO PROVIDE FOR INJUNCTIVE RELIEF AND TREBLE DAMAGES.
Read the first time and referred to the Committee on Banking and Insurance.
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds, Rose and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Senator J. VERNE SMITH spoke on the Bill.
Read the first time and referred to the Committee on Corrections and Penology.
S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.
Read the first time and referred to the Committee on Finance.
S. 885 -- Senator Moore: A BILL TO AMEND SECTION 12-43-220(d), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF AGRICULTURAL LANDS, SO AS TO REMOVE THE REQUIREMENT THAT LOCAL ASSESSORS BE REQUIRED TO VALUE ALL AGRICULTURAL LAND AT FAIR MARKET VALUE.
Read the first time and referred to the Committee on Finance.
S. 886 -- Senator Drummond: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 887 -- Senator Waddell: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 30 SO AS TO ENACT THE SOUTH CAROLINA CONDOMINIUM ACT; TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD FAILURE OF A CONDOMINIUM DEVELOPER TO PROPERLY HANDLE ESCROW FUNDS; AND TO REPEAL CHAPTER 31, TITLE 27 RELATING TO THE HORIZONTAL PROPERTY ACT.
Read the first time and referred to the Committee on Judiciary.
S. 888 -- Senator Hayes: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS GRANTED TO COUNTIES, SO AS TO REVISE PROCEDURES FOR CREATING A SPECIAL TAX DISTRICT AND FOR ISSUANCE OF GENERAL OBLIGATION BONDS TO PROVIDE A SERVICE IN A SPECIAL TAX DISTRICT. Read the first time and referred to the Committee on Judiciary.
S. 889 -- Senator Drummond: A BILL TO AMEND SECTION 41-33-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF AN APPROPRIATION LAW FOR REQUISITIONS FROM THE UNEMPLOYMENT TRUST FUND FOR PAYMENT OF ADMINISTRATIVE EXPENSES, SO AS TO PROVIDE THAT ANY APPROPRIATION PURSUANT TO THIS CODE SECTION MUST INCORPORATE THE REQUIREMENTS SPECIFIED IN SECTION 903(C) OF THE SOCIAL SECURITY ACT AS A CONDITION OF PAYMENT OF EXPENSES OF ADMINISTRATION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 890 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-29-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED CHARGES AND OTHER TERMS AND CONDITIONS OF LOANS MADE UNDER THE CONSUMER FINANCE LAW, SO AS TO REVISE FINANCE CHARGES AND INITIAL CHARGES ON CERTAIN LOANS, AND TO PROVIDE THAT CERTAIN DOLLAR AMOUNTS OF THIS SECTION MUST BE ADJUSTED FOR INFLATION IN THE SAME MANNER THAT ADJUSTMENTS FOR INFLATION ARE MADE UNDER THE CONSUMER PROTECTION CODE, TO AMEND SECTION 34-29-250, RELATING TO CRIMINAL PENALTIES FOR CONSUMER FINANCE LAW VIOLATIONS, SO AS TO AUTHORIZE THE BOARD OF FINANCIAL INSTITUTIONS TO ALSO ASSESS CIVIL PENALTIES FOR VIOLATIONS, AND TO REPEAL SECTION 34-29-230 RELATING TO REGULATORY PROVISIONS REGARDING PARTICULAR PERSONS ENGAGED IN THE LENDING BUSINESS.
Read the first time and ordered placed on the Calendar without reference.
S. 891 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 892 -- Senator Russell: A BILL TO AMEND ACT 554 OF 1971, RELATING TO THE CREATION OF THE PELHAM-BATESVILLE FIRE DISTRICT IN SPARTANBURG AND GREENVILLE COUNTIES, SO AS TO DELETE ANY PROPERTY OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT FROM THE FIRE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 893 -- Senator Russell: A BILL TO AMEND ACT 1005 OF 1964, AS AMENDED, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF THE DISTRICT MAY BORROW WITHOUT LIMITATION IN ANTICIPATION OF TAXES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 894 -- Senators Giese, Lourie, Patterson and Courson: A SENATE RESOLUTION TO ALLOW THE KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE SENATE IN THE AREA BEHIND THE RAIL ON WEDNESDAY, APRIL 17, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.
Be it resolved by the Senate:
That the Keenan High School "Raiders" Boys Basketball Team and its coach are given the privilege of the Senate floor in the area behind the rail at a time to be determined by the President on Wednesday, April 17, 1991, for the purpose of being recognized for winning the Class AAA State Basketball Championship for 1991.
On immediate consideration, the Senate Resolution was adopted.
H. 3899 -- Richland Delegation and Rep. Sheheen: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RETIRED CIRCUIT JUDGE JOHN GRIMBALL OF RICHLAND COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3900 -- Richland Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LUGENIA K. HAMMOND OF RICHLAND COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3901 -- Richland Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ALFRED T. "A.T." BUTLER OF RICHLAND COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3916 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 8, 1991, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1994; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1995.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint assembly in the Hall of the House on Wednesday, May 8, 1991, to elect a successor to The Honorable John Hamilton Smith, Circuit Judge of the First Judicial Circuit whose term expires June 30, 1992; to elect a successor to The Honorable Hubert E. Long, Circuit Judge from the Eleventh Judicial Circuit whose term expires June 30, 1994; and a successor to The Honorable Luke Brown, Circuit Judge from the Fourteenth Judicial Circuit whose term expires June 30, 1994; and to elect judges of the family court from the Fifth Judicial Circuit, Seat 2, Tenth Judicial Circuit, Seat 3, Thirteenth Judicial Circuit, Seat 1, and Fifteenth Judicial Circuit, Seat 1, whose terms expire on June 30, 1995.
Referred to the Committee on Invitations.
H. 3917 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE LA'RON KINYARDA JENKINS OF RICHLAND COUNTY UPON BEING SELECTED AS ONE OF THIRTY YOUNG BLACK HIGH SCHOOL STUDENTS FROM ACROSS THE UNITED STATES AS "MAKERS OF TOMORROW".
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3918 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST CAVALIER NAVAL JUNIOR ROTC DRILL TEAM OF RICHLAND COUNTY FOR PLACING SECOND OF TWENTY-TWO TEAMS AT THE SOUTH FLORENCE PEE DEE INVITATIONAL DRILL MEET AND WINNING THE CHAMPIONSHIP AT THE EVANS, GEORGIA, INVITATIONAL MEET.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3919 -- Reps. Quinn, Rogers, Harrison, Scott, Waites, Cromer and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE COLUMBIA HIGH SCHOOL LADY CAPITALS BASKETBALL TEAM UPON REACHING THE STATE CLASS AAA GIRLS' BASKETBALL FINAL CHAMPIONSHIP GAME.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3053 -- Rep. Mattos: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.
Read the first time and referred to the Committee on Judiciary.
H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.
Read the first time and referred to the Committee on Finance.
H. 3242 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE INSURANCE FOR AN INSURED'S SPOUSE, CHILDREN, AND DEPENDENTS AND CLAIMS OF THE INSURED'S CREDITORS, SO AS TO REVISE THE PROVISIONS FOR THE CREDITORS' RIGHTS UNDER LIFE INSURANCE POLICIES AND PROVIDE FOR THE CLAIMS OF CREDITORS OF THE INSURED UNDER VARIOUS OTHER INSURANCE CONTRACTS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3338 -- Rep. L. Martin: A BILL TO AMEND SECTIONS 38-73-455 AND 38-73-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3351 -- Rep. Cromer: A BILL TO AMEND SECTION 59-111-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR PERSONS AGE SIXTY OR OVER TO ATTEND CLASSES AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS WITHOUT PAYMENT OF TUITION, SO AS TO DELETE A PROVISION WHICH PREVENTS THE PERSON FROM BEING ENTITLED TO FREE TUITION IF HIS SPOUSE RECEIVES COMPENSATION AS A FULL-TIME EMPLOYEE.
Read the first time and referred to the Committee on Education.
H. 3382 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, AND SECTION 9-11-50, AS AMENDED, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS OF THESE SYSTEMS AT RETIREMENT, AFTER MARCH 31, 1991, SHALL RECEIVE CERTAIN RETIREMENT SERVICE CREDITS FOR NOT MORE THAN NINETY DAYS OF THEIR UNUSED SICK LEAVE.
Read the first time and referred to the Committee on Finance.
H. 3408 -- Rep. Kirsh: 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.
Read the first time and referred to the General Committee.
H. 3529 -- Rep. Keyserling: A BILL TO AMEND SECTION 60-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO AUTHORIZE EACH EX OFFICIO MEMBER TO APPOINT A PERSON TO REPRESENT THEM.
Read the first time and referred to the General Committee.
H. 3589 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3601 -- Rep. Cromer: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR SELL A MOTOR VEHICLE WHICH HAS A SUNSCREEN DEVICE THAT DOES NOT SATISFY THE REQUIREMENTS OF THE SECTION.
Read the first time and referred to the Committee on Transportation.
H. 3638 -- Reps. Wilkins, Clyborne, Hodges, Keesley, Burch, M. Martin, Cole, Hayes, Nettles, Waldrop, McTeer, Waites, Phillips, Beasley, Wright, Quinn, Townsend, T.C. Alexander, J. Brown and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3235 SO AS TO PROVIDE THAT JUVENILE CORRECTIONAL OFFICERS AND OTHER DESIGNATED EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES WHILE PERFORMING THEIR OFFICIALLY ASSIGNED DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, OR RECAPTURE OF A JUVENILE OFFENDER HAVE THE STATUS OF PEACE OFFICERS FOR THESE LIMITED PURPOSES AND TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES' DIVISION OF PUBLIC SAFETY SHALL CONTINUE TO BE COMMISSIONED AS STATE CONSTABLES UPON PROPER TRAINING AND CERTIFICATION AND AFTER HAVING TAKEN THE PROPER OATH.
Read the first time and referred to the Committee on Corrections and Penology.
H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Finance.
H. 3806 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS, RELATING TO REGISTRATION, EXAMINATION, CERTIFICATE FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1365, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3808 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 6, GREENVILLE, AND PRECINCT 117, WARE PLACE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3819 -- Reps. A. Young, Gonzales, Wofford and G. Bailey: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR DORCHESTER COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF DORCHESTER COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION, AND CONTINUE TERMS.
Referred to the Senators from the Local Delegation.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
S. 774 -- Senator Pope: A SENATE RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE SENATE CHAMBERS ON FRIDAY, JUNE 14, 1991, FROM 2:00 P.M. TO 4:00 P.M. AND ON SATURDAY, JUNE 15, 1991, FROM 9:00 A.M. TO 12:00 NOON, FOR ITS ANNUAL STATE HOUSE MEETING.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
S. 807 -- Senator Drummond: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 14, 1991, AND SATURDAY, JUNE 15, 1991.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 3593 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS WEDNESDAY, DECEMBER 4, 1991, THROUGH SATURDAY, DECEMBER 7, 1991, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 3673 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 14, 1991, FOR ITS ANNUAL STATE HOUSE MEETING.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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. 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.
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.
(On motion of Senator McGILL)
H. 3376 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4185 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE AN OPEN END OR ANNUAL PERMIT FOR THE USE ON THE PUBLIC HIGHWAYS OF COTTON MODULAR VEHICLES WITHOUT LIMITATION AS TO WIDTH, PROVIDE A FEE FOR THE PERMIT, AUTHORIZE REGULATIONS, CREATE A MISDEMEANOR OFFENSE, AND PROVIDE A PENALTY.
The following House Bills and Joint Resolution were read the third time, passed and ordered returned to the House with amendments:
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.
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.
H. 3385 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.
The following Bills and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:
S. 814 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD (DIVISION OF STATE FIRE MARSHAL), RELATING TO FIRE AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1379, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
Senator HOLLAND spoke on the Bill.
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.
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.
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.
Senator DRUMMOND spoke on the Bill.
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.
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.
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.
S. 622 -- Senator Hinds: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4715 SO AS TO ALLOW STATE FORESTRY COMMISSION VEHICLES TO USE RED FLASHING LIGHTS WHEN RESPONDING TO EMERGENCIES.
S. 693 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF SUBLEASING AND THE LOAN ASSUMPTION OF A MOTOR VEHICLE.
S. 282 -- Senator Mullinax: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF MOTOR VEHICLE DEALER AND WHOLESALER LICENSE PLATES BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A DEALER PLATE MAY NOT BE ISSUED UNLESS THE APPLICANT FURNISHES PROOF THAT THE APPLICANT HAS A RETAIL BUSINESS LICENSE AND HAS MADE AT LEAST TEN RETAIL SALES OF MOTOR VEHICLES IN THE TWELVE MONTHS PRECEDING THE APPLICATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY proposed the following amendment (RES282.002), which was adopted:
Amend the bill, as and if amended, page 2, line 1, by inserting after the word /retail/ the words /or wholesale/.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time were passed and ordered to a third reading:
H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.
S. 341 -- Senators Wilson and Rose: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.
H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.
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 (JUD383.1), was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 30, in Section 6-11-70(A), as contained in SECTION 1, by striking /The / and inserting the following: /When a special purpose district elects its board members, the/
Amend the bill further, as and if amended, page 1, line 33, in Section 6-11-70(A), as contained in SECTION 1, by inserting /such/ after /any/ .
Amend the bill further, as and if amended, page 1, line 41, in Section 6-11-70(B), as contained in SECTION 1, by striking /The/ and inserting /In such a district, the/ .
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.
The following Bill and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 3046 -- Reps. P. Harris, Waites, Whipper and Waldrop: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING TO STUDY THE HOUSING NEEDS OF LOW AND MODERATE INCOME ELDERLY WITH SPECIAL ATTENTION TO REVERSE MORTGAGE PROGRAMS AND REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
H. 3728 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.
S. 879 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL SAFETY ASSESSMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 510 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO MAKE VALID IN THIS STATE A DURABLE POWER OF ATTORNEY EXECUTED IN ANOTHER JURISDICTION IF THE DURABLE POWER OF ATTORNEY, WHEN EXECUTED, COMPLIED WITH THE LAW APPLYING TO SUCH INSTRUMENTS IN THE JURISDICTION WHERE IT WAS EXECUTED, AND TO PROVIDE FOR THE RECORDING OF SUCH INSTRUMENTS.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
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 (JUD510.1), was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 62-5-501 of the 1976 Code, as last amended by Act 521 of 1990, is further amended by adding:
"(E) A power of attorney as provided for under this section is valid if:
(1) executed in compliance with this section; or
(2) its execution complies with the law at the time of execution of the jurisdiction where the instrument was executed and it is recorded as required by subsection (C). Notwithstanding the provisions of Section 30-5-30, a valid power of attorney as provided for under this section which is executed in another jurisdiction may be recorded as though it complies with the provisions of subsection (C) of this section."
SECTION 2. This act takes effect upon approval by the Governor./.
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.
The Senate proceeded to a consideration of the Bill. 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 Committee (N05/7433.BD), was adopted as follows:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The requirements for continuing education or other assessment of continued competence developed by the State Board of Registration for Foresters through regulation in Section 48-27-190 of the 1976 Code amended in this act do not apply to registered foresters who, on July 1, 1991, have at least thirty years of experience as a forester or are at least sixty years of age./
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.
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.
On motion of Senator WILLIAMS, the Bill was carried over.
S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.
On motion of Senator MOORE, the Bill was carried over.
S. 762 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO MAKE IT UNLAWFUL TO HAVE IN ONE'S POSSESSION OR TO LAND OR SELL ANY SPECIES OF FISH TAKEN BY MEANS OF A BANGSTICK OR SIMILAR DEVICE.
On motion of Senator HINDS, the Bill was carried over.
On motion of Senator WILLIAMS, the seal of secrecy was removed and the Senate stood adjourned.
At 2:39 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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