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 author of the ancient Book of Ecclesiastes (2:10b):
"For my heart found pleasure in all my toil, and This was my reward for all my toil."
Let us pray.
Dear Lord, although our people elected us and sent us into this vineyard of public trust and service, deep in our souls we feel that this is where You want us to be at this point in time. For this we are grateful.
Though our tasks are often difficult, spare us tedium, O Lord, and let us find pleasure and a measure of satisfaction in our labors.
Send us to our tasks this day, remembering the words of Henry Wadsworth Longfellow who wrote more than a century ago:
"The heights by great men reached and kept were not attained by sudden flight,
But they while their companions slept were toiling upward in the night."
So, help us so to do our work today, that when evening comes we may hear in our hearts the words,
"WELL DONE THOU GOOD AND FAITHFUL SERVANT".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 9, 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.
Appointment, Member, Berkeley County Board of Voter Registration, At-Large, with term to expire on March 12, 1992:
Ms. Andrea Olivia Holler, Post Office Box 494, Moncks Corner, South Carolina 29461 VICE J.B. Orvin
Reappointments, Members, Berkeley County Board of Voter Registration, At-Large, with terms to expire on March 15, 1992:
Ms. Mulloy F. Christopher, 101 Fox Borough Road, Goose Creek, South Carolina 29445
Mr. Phillip Farley, 1049 Riverview Drive, Hanahan, South Carolina 29406
Senator RUSSELL introduced Dr. L. A Heavrin of Spartanburg, S.C., Doctor of the Day.
Senator GIESE requested and was granted a leave of absence beginning at 3:00 P.M. today until Tuesday, April 23, 1991.
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.
Returned with concurrence.
Received as information.
H. 3743 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.
Senator WILLIAMS asked unanimous consent to make a motion under Rule 15A to set a time certain at 1:30 P.M. on Tuesday, April 23, 1991, to vote on the entire matter of H. 3743.
Senator BRYAN objected.
The following were introduced:
S. 904 -- Senator Hinson: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND FRIENDS OF MR. LAFAYETTE B. BELK, SR., OF LANCASTER UPON HIS RECENT DEATH.
On immediate consideration, the Senate Resolution was adopted.
S. 905 -- Senator Hinson: A SENATE RESOLUTION TO COMMEND THE HONORABLE LEDELL STEELE OF LANCASTER FOR HIS DISTINGUISHED SERVICE AS CHAIRMAN OF THE BOARD OF LANCASTER COUNTY'S DEPARTMENT OF SOCIAL SERVICES UPON HIS RETIREMENT FROM THIS POSITION AFTER ELEVEN YEARS OF OUTSTANDING SERVICE.
On immediate consideration, the Senate Resolution was adopted.
S. 906 -- Senator Mullinax: A CONCURRENT RESOLUTION RECOGNIZING DR. CHRISTIE W. WINKLER FOR HIS SACRIFICE AND GALLANT ANSWERING OF HIS COUNTRY'S CALL TO WAR AND TO WELCOME DR. WINKLER HOME FROM SAUDI ARABIA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 907 -- Senator Mullinax: A CONCURRENT RESOLUTION RECOGNIZING JAMES CLAUDE MOORE FOR HIS MANY YEARS OF FAITHFUL SERVICE AND THANKING HIM FOR THE DEDICATION TO THE PROTECTION OF HIS COMMUNITY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 908 -- Senator Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 70 SO AS TO ENACT THE PARENTAL CHOICE IN EDUCATION ACT AUTHORIZING A STUDENT TO ATTEND A PUBLIC OR PRIVATE SCHOOL IN A DISTRICT OTHER THAN THE ONE IN WHICH HE RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.
Read the first time and referred to the Committee on Education.
S. 909 -- Senator Mullinax: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS RETIREMENT SYSTEMS, BY ADDING CHAPTER 14 SO AS TO ESTABLISH THE RETIREMENT SYSTEM FOR VOLUNTEER FIREFIGHTERS AND VOLUNTEER RESCUE SQUAD MEMBERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-7-45 SO AS TO IMPOSE A ONE PERCENT FIRE INSURANCE PREMIUM TAX TO PAY A PORTION OF THE COST OF THIS RETIREMENT SYSTEM AND TO PROVIDE FOR REFUNDING THAT PORTION OF THE TAX IN EXCESS OF THE SYSTEM'S ACTUARIAL REQUIREMENTS.
Read the first time and referred to the Committee on Finance.
S. 910 -- Senator Wilson: A BILL TO AMEND SECTION 33-55-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS AND ENTITIES WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE PROVISIONS OF LAW DEALING WITH CHARITABLE ORGANIZATIONS AND SOLICITATION OF CHARITABLE FUNDS, SO AS TO ADD CERTAIN PUBLIC ENTITIES AND OTHER ORGANIZATIONS TO THE LIST OF EXEMPT ENTITIES AND PERSONS.
Read the first time and referred to the Committee on Judiciary.
S. 911 -- Senators Courson, Wilson, Russell, Thomas and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Read the first time and referred to the Committee on Judiciary.
S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.
Senator SALEEBY spoke on the Bill.
Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.
H. 3930 -- Reps. Boan and Hodges: A CONCURRENT RESOLUTION TO COMMEND MR. TUCKER JACKSON FOR HIS TWENTY-FIVE YEARS OF DISTINGUISHED SERVICE AS LANCASTER HIGH SCHOOL'S VOCATIONAL SCHOOL DIRECTOR UPON HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3932 -- Reps. Klapman, Wilder, Kirsh, Hodges, Bennett, Sheheen, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF JOHN "GEORGETOWN" BASSARD, SR., OF RICHLAND COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3548 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-45 SO AS TO PROVIDE THAT A MANUFACTURER'S TRAINING CERTIFICATE IS NOT REQUIRED BEFORE A FIRE EQUIPMENT PERMIT MAY BE ISSUED BY THE STATE FIRE MARSHAL.
Read the first time and referred to the General Committee.
H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
Senators WADDELL and SALEEBY explained the Bill.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3838 -- Reps. Jennings and Beasley: A BILL TO CREATE THE MARLBORO COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE MARLBORO COUNTY ELECTION COMMISSION AND MARLBORO COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the local and uncontested Calendar without reference.
On motion of Senator SALEEBY, with unanimous consent, H. 3838 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 261 -- Senator Fielding: A BILL TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:
S. 379 -- Senator Mullinax: A BILL TO AMEND SECTIONS 40-79-10, 40-79-30 AND 40-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986" SO AS TO INCLUDE FIRE ALARM SYSTEM BUSINESSES WITHIN THE REGULATION AND LICENSURE PROVISIONS OF THE ACT.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:
S. 438 -- Senator Drummond: A BILL TO AMEND SECTION 58-35-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE LOCATION OF UNDERGROUND UTILITIES BEFORE EXCAVATION OR DEMOLITION FOR PURPOSES OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT, SO AS TO REQUIRE PERSONS RESPONSIBLE FOR EXCAVATION OR DEMOLITION TO CONSULT WITH PUBLIC UTILITIES OPERATING IN THE AREA IN ORDER TO PREPARE A DETAILED UNDERGROUND UTILITY PLAN.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3145 -- Rep. Rama: A BILL TO AMEND SECTION 10-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BARRIER FREE DESIGN STANDARDS LAW, SO AS TO DELETE THE REQUIREMENT IN THE DEFINITION OF "RENOVATION" THAT THE CHANGES IN THE PROJECT MUST BE STRUCTURAL TO COME WITHIN THE DEFINITION AND TO AMEND SECTION 10-5-273, AS AMENDED, RELATING TO THE EXCEPTION PROVIDED FOR UPPER FLOORS UNDER THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE, SO AS TO REVISE THIS EXCEPTION.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:
H. 3257 -- Reps. Rudnick, Wilder, Baxley, Klapman, Rama, Wright, Waites and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE FUEL SERVICE STATION TO DISPENSE GASOLINE OR OTHER MOTOR VEHICLE FUEL TO A DISABLED DRIVER UPON HIS REQUEST WHEN HE IS PROPERLY IDENTIFIED BY EITHER A PLACARD OR DISABLED LICENSE TAG AND HAVE THE GASOLINE OR OTHER FUEL DISPENSED TO THE DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE OR OTHER FUEL PURCHASED ON A SELF-SERVICE BASIS.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3556 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO GROUNDS FOR REVOCATION OF LICENSE; CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1329, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3557 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE ADMINISTRATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1328, 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. 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.
Senator J. VERNE SMITH raised a Point of Order that the Bill was improperly placed on the local and uncontested Calendar inasmuch as it was a Statewide Bill.
The PRESIDENT sustained the Point of Order.
The Bill was referred to the Committee on Judiciary.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 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.
(By prior motion of Senator STILWELL, with unanimous consent)
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
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.
(On motion of Senator MOORE, with unanimous consent)
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, with unanimous consent)
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.
(By prior motion of Senator DRUMMOND, with unanimous consent)
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.
(On motion of Senator SALEEBY, with unanimous consent)
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
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.
(By prior motion of Senator COURSON, with unanimous consent)
The following Bill having been read the second time was passed and ordered to a third reading:
S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.
Senator HOLLAND explained the Bill.
(On motion of Senator HOLLAND, with unanimous consent)
On motion of Senator HOLLAND, with unanimous consent, S. 903 was ordered to receive a third reading on Friday, April 19, 1991.
H. 3799 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 21-27, 1991, AS ORGAN AND TISSUE DONOR AWARENESS WEEK.
Senator MACAULAY spoke on the Resolution.
On immediate consideration, with unanimous consent, the Concurrent Resolution was adopted, ordered, returned to the House.
H. 3760 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO INVITE THE AWARD WINNING MOUNT PLEASANT HIGH SCHOOL CHORUS, OF MOUNT PLEASANT HIGH SCHOOL IN LEE COUNTY, TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 1, 1991, FROM 11:00 TO 11:30 A.M. TO PERFORM FOR THE MEMBERS OF THE GENERAL ASSEMBLY AND TO BE RECOGNIZED FOR ITS SPLENDID ACCOMPLISHMENTS.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Invitations.
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.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:30 A.M. and the following Acts and Joint Resolutions were ratified:
(R48) S. 745 -- Senators Helmly and Rose: AN ACT 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.
(R49) S. 22 -- Senator Passailaigue: AN ACT TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.
(R50) S. 422 -- Senator Land: AN ACT TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A REGISTERED BARBER TO TRAIN NO MORE THAN TWO STUDENTS AT A TIME IF EACH STUDENT HAS A CHAIR AT ALL TIMES.
(R51) S. 811 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R52) S. 623 -- Education Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280 SO AS TO PROHIBIT THE POSSESSION OF PAGING DEVICES BY STUDENTS ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL ACTIVITIES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR POSSESSION OF PAGING DEVICES AND FOR THEIR FORFEITURE.
(R53) S. 642 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO PRINCIPLES OF PROFESSIONAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R54) S. 716 -- Labor, Commerce and Industry Committee: AN ACT 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.
(R55) S. 597 -- Senator Bryan: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991 AND REDESIGNATE CERTAIN PRECINCTS.
(R56) S. 813 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO RULES REGARDING CHARITABLE AND NONPROFIT EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R57) S. 654 -- Education Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER EDUCATION ACT INCLUDING PROVISIONS TO REQUIRE EACH PUBLIC INSTITUTION OF HIGHER LEARNING TO ESTABLISH POLICIES TO ENSURE THAT INSTRUCTIONAL FACULTY WHOSE SECOND LANGUAGE IS ENGLISH POSSESS ADEQUATE PROFICIENCY IN BOTH THE WRITTEN AND SPOKEN ENGLISH LANGUAGE, AND TO REQUIRE CERTAIN REPORTS TO BE FILED BY EACH INSTITUTION OF HIGHER LEARNING IN CONNECTION WITH THIS REQUIREMENT.
(R58) H. 3008 -- Rep. Kirsh: AN ACT 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.
(R59) 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: AN ACT 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.
(R60) H. 3072 -- Reps. P. Harris, Carnell, J. Harris, Waites, Mattos and Whipper: AN ACT 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.
(R61) 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.
(R62) H. 3733 -- Rep. Wofford: AN ACT 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.
(R63) 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.
(R64) H. 3618 -- Reps. L. Elliott and Harwell: AN ACT TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.
(R65) H. 3432 -- Rep. Rogers: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
(R66) H. 3064 -- Reps. P. Harris, Carnell, Corning, J. Harris and Mattos: AN ACT 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.
(R67) 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.
(R68) 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.
(R69) H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: AN ACT 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.
(R70) H. 3074 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Whipper: AN ACT 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.
(R71) 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.
(R72) 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.
(R73) H. 3728 -- Rep. D. Martin: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.
(R74) H. 3376 -- Rep. Felder: AN ACT 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, PROVIDE A FEE FOR THE PERMIT, AUTHORIZE REGULATIONS, CREATE A MISDEMEANOR OFFENSE, AND PROVIDE A PENALTY.
(R75) H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND RECOMMEND 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.
(R76) 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.
(R77) 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.
(R78) H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: AN ACT 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.
(R79) H. 3045 -- Reps. P. Harris and Waldrop: AN ACT 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.
(R80) 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.
(R81) H. 3377 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, AS AMENDED, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.
(R82) H. 3633 -- Rep. Gregory: AN ACT 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 AUTHORIZE THE SALE OF GLASSWARE PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS IF PACKAGED TOGETHER BY THE WHOLESALER OR MANUFACTURER IN PACKAGING PROVIDED BY THE MANUFACTURER AND AUTHORIZE THE SALE OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS IF PACKAGED TOGETHER BY THE MANUFACTURER.
Senator LOURIE objected to further consideration of any Bill on the statewide uncontested Calendar.
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.
Senator LAND argued contra to second reading of the Bill.
Senator MARTSCHINK requested and was granted a leave of absence beginning at 1:00 P.M. until 3:00 P.M. today.
Senator LAND continued arguing contra to second reading of the Bill.
On motion of Senator PEELER, with unanimous consent, debate was interrupted by adjournment with Senator LAND retaining the floor.
At 12:52 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 11:00 A.M.
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