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 the Chaplain as follows:
Beloved, long ago the psalmist said a morning prayer in these words (Ps. 5:1-3):
"Give ear to my words, O Lord,
consider my sighing.
Listen to my cry for help, my King
and my God, for to You I pray.
Morning by morning, O Lord,
You hear my voice;
Morning by morning I lay my requests
before You and wait in expectation."
Let us pray.
Our Father, we give Thee thanks for the good tidings of successful surgery and timely healing of the body of Thy servant, our beloved colleague, ROBERT HELMLY. O Lord, continue to bless and heal him, we pray.
As the days come and go with their appointments... and their disappointments... we feel as the psalmist felt: that we dare not live a day without beginning it with a prayer.
Even as food and sleep equip us for the day's work, Your guidance and strength... and the power of Your presence equip us for our tasks.
Temptations... confrontations... tests and challenges may overtake us, but they will not overcome us... because... in the morning... we have said our prayers.
So... now... we say our prayers... and lift up our hearts!
Amen.
Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:
Bryan Drummond Fielding
Giese Gilbert Hinds
Hinson Holland 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 Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 10, 1991
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, State Commission on Higher Education, Governor's - At-Large, with term to expire on July 26, 1994:
Mr. Marvin C. Jones, Post Office Box 1515, Walterboro, South Carolina 29488
Referred to the Committee on Education.
On motion of Senator HAYES, Senator HELMLY was granted a leave of absence for all week.
On motion of Senator LOURIE, Senator LAND was granted a leave of absence for all day today.
Senator SETZLER requested and was granted a leave of absence from 3:30 - 5:00 P.M. today.
Senator SHEALY requested and was granted a leave of absence from 3:00 - 6:00 P.M. today.
Senator WILSON requested and was granted a leave of absence from 3:30 - 5:00 P.M. today.
Senator GIESE requested and was granted a leave of absence beginning at 4:00 P.M. for the remainder of the day.
Senator POPE requested and was granted a leave of absence at 1:15 P.M. for the remainder of the day.
Senator MITCHELL requested and was granted a leave of absence beginning at 2:30 P.M. until Wednesday morning.
Senator ROSE requested and was granted a leave of absence beginning at 1:40 P.M. until 2:30 P.M.
Columbia, S.C., May 2, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Keyserling, Sharpe and Gonzales of the Committee of Free Conference on the part of the House on:
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 1, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has reconsidered the vote whereby it non-concurred in Senate amendments to:
S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 1, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 376 -- Senators Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.
The House returned the Bill with amendments.
On motion of Senator WILSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.
The House returned the Bill with amendments.
On motion of Senator STILWELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
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.
The House returned the Joint Resolution with amendments.
On motion of Senator MARTSCHINK, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3076 -- Reps. P. Harris, Carnell, J. Harris, Waites, Whipper and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3650 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1991 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 9-1-1140, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EFFECTIVE FOR A MEMBER RETIRING AFTER MARCH 31, 1991, A MEMBER SHALL RECEIVE SERVICE CREDIT FOR NOT MORE THAN NINETY DAYS OF HIS UNUSED SICK LEAVE AT NO COST TO THE MEMBER, AND TO PROVIDE THAT THIS ADDITIONAL SERVICE CREDIT MAY NOT BE USED TO QUALIFY FOR RETIREMENT; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO CONSOLIDATE INTO ONE ITEM THE DEDUCTIONS ALLOWED FOR VARIOUS TYPES OF RETIREMENT INCOME, TO DEFINE RETIREMENT INCOME, TO PROVIDE THAT A TAXPAYER MAY DEDUCT NOT MORE THAN THREE THOUSAND DOLLARS OF RETIREMENT INCOME ANNUALLY; AND TO REPEAL SECTION 12-7-436 RELATING TO AN OBSOLETE LIMITATION ON THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUES OF THE THREE CENTS ADDITIONAL TAX ON GASOLINE AND MOTOR FUELS, SO AS TO PROVIDE THAT THE ACCOUNT MUST BE REPLENISHED ANNUALLY SO THAT FIFTEEN MILLION DOLLARS OF UNOBLIGATED OR UNCOMMITTED FUNDS ARE AVAILABLE ON JULY FIRST FOR THE CURRENT YEAR, TO ALLOW FUNDS OBLIGATED OR COMMITTED IN THE PRIOR YEAR TO BE CARRIED FORWARD AND EXPENDED, TO DELETE LANGUAGE RELATING TO A LIMIT ON THE ACCOUNT, TO DELETE OBSOLETE LANGUAGE, AND TO DELETE PROVISIONS AUTHORIZING CONTINUING EXPENDITURES FOR A STATE INFRASTRUCTURE MODEL; TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO THE SPECIAL TREATMENT FOR LONG-TERM CAPITAL GAINS RECOGNIZED BETWEEN JANUARY 1, 1987, AND JUN 22, 1987, AND THE STATE INCOME TAX REFUNDS OR CREDITS ALLOWED AS A RESULT OF THE SPECIAL TREATMENT, SO AS TO REDUCE THE AMOUNT OF THE REFUND OR CREDIT ALLOWED BY ONE-HALF; TO AMEND SECTION 44-7-84 OF THE 1976 CODE, AS AMENDED, RELATING TO THE MAXIMUM NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE THAT THE ANNUAL TWO DOLLAR ADMINISTRATIVE FEE IS FOR EACH PATIENT DAY USED AND TO DELETE THE JUNE 30, 1991, EXPIRATION DATE FOR THIS ADMINISTRATIVE FEE; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-21-2420 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX, SO AS TO INCREASE THE TAX FROM FOUR TO FIVE PERCENT, ALLOW THE TAX TO BE LISTED SEPARATELY FROM THE COST OF ADMISSION ON AN ADMISSION TICKET, AND DELETE OBSOLETE LANGUAGE; AND TO AMEND SECTION 51-1-75, RELATING TO ALLOCATION AND USE OF THE ADMISSIONS TAX, SO AS TO INCREASE THE AMOUNT IN THE GENERAL FUND; TO PROVIDE THAT THE NINE ADDITIONAL CIRCUIT JUDGES ADDED PURSUANT TO ACT 610 OF 1990 SHALL TAKE OFFICE JANUARY 1, 1992, RATHER THAN JULY 1, 1991; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO DELETE THE REFERENCE TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY TO BE USED IN ADDITION TO FEES TO FINANCE THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 9-17-40 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF PUBLICLY SUPPORTED FOUR-YEAR AND POST GRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO PROVIDE THAT THE EMPLOYING INSTITUTION'S CONTRIBUTION TO THE PLAN MAY NOT BE LESS THAN FOUR AND ONE-QUARTER PERCENT OF COMPENSATION; TO AMEND SECTION 11-5-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT CERTAIN BOARDS AND COMMISSIONS REMIT REVENUES AND INCOME PROMPTLY TO THE STATE TREASURER, SO AS TO ADD TO THE LIST OF BOARDS AND COMMISSIONS THE STATE ATHLETIC COMMISSION, THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, AND THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, AND ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS AND PROVIDE THAT THE BOARDS AND COMMISSIONS LISTED IN THIS SECTION ARE KNOWN AS PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA); TO AMEND ITEM (2) OF SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN OPERATED DEVICES, SO AS TO EXEMPT FROM THE LICENSE FEES BATTING MACHINES ON WHICH ADMISSIONS TAXES ARE CHARGED; TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF A PORTION OF THE GASOLINE TAX TO COUNTIES IN PROPORTION TO THE NUMBER OF REGISTERED WATERCRAFT, SO AS TO PROVIDE THAT THE FUNDS MUST BE ALLOCATED INSTEAD OF DISTRIBUTED TO THE COUNTIES, PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT BE REIMBURSED FOR REHABILITATION COSTS IN ADDITION TO ENGINEERING AND DESIGN COSTS, AND DELETE A PROVISION WHICH PROVIDES THAT FUNDS FOR REIMBURSEMENT TO THE DEPARTMENT BE CHARGED AGAINST THE FUNDS OF THE COUNTY IN WHICH THE PROJECT IS PROPOSED; TO AMEND SECTION 4-10-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT FIVE PERCENT OF THE REVENUE GENERATED BY COUNTIES WITH FIVE MILLION DOLLARS OR MORE IN COLLECTIONS BE COMPLETELY DISTRIBUTED AMONG THOSE COUNTIES COLLECTING LESS THAN TWO MILLION DOLLARS UNTIL ALL COUNTIES ARE MADE WHOLE; TO AMEND SECTION 44-2-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT AND THE IMPOSITION OF CERTAIN ENVIRONMENTAL IMPACT FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE IS AUTHORIZED TO RETAIN AND EXPEND FOR ITS AUTHORIZED PURPOSES ONE PERCENT OF THESE ENVIRONMENTAL IMPACT FEES IT COLLECTS IN ANY FISCAL YEAR; TO AMEND SECTIONS 44-2-40, 44-2-90, AND 44-2-210, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DOUBLE THE PORTION OF THE TANK REGISTRATION FEE WHICH MAY BE USED FOR PROGRAM ADMINISTRATION AND THE ANNUAL TOTAL WHICH MAY BE EXPENDED ON ADMINISTRATION, TO PROVIDE THAT AFTER DECEMBER 31, 1998, THE TANK REGISTRATION FEE DECREASES TO FIFTY DOLLARS RATHER THAN TWENTY-FIVE DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO DECEMBER 31, 1991; AND TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT A CORPORATE TAXPAYER NOTIFY THE SOUTH CAROLINA TAX COMMISSION OF CHANGES IN CORPORATE TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE AND THE AUTHORITY OF THE COMMISSION TO ADJUST THE STATE TAX RETURN AND ISSUE A NOTICE OF ASSESSMENT, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS AND ALLOW THE COMMISSION ONE HUNDRED EIGHTY DAYS RATHER THAN NINETY DAYS AFTER RECEIPT OF NOTICE TO GIVE A NOTICE OF ASSESSMENT.
The House returned the Bill with amendments.
On motion of Senator WADDELL, the Senate non-concurred in the House amendments, and a message was sent to the House accordingly.
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
The House returned the Bill with amendments.
On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Judiciary.
S. 952 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES A. HORNER, COMMANDER OF THE NINTH AIR FORCE, HEADQUARTERED AT SHAW AIR FORCE BASE, FOR HIS BRAVERY AND SERVICE WITH DISTINCTION IN OPERATION DESERT STORM AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A CONVENIENT TIME AND DATE.
Returned with concurrence.
Received as information.
H. 3517 -- Reps. Sharpe, Smith, Keesley, Huff, Gentry and Rudnick: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN KITCHEN'S MILL AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.
On motion of Senator LOURIE, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator LOURIE, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 3887 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO LICENSURE, EXAMINATIONS, RENEWAL, CODE OF CONDUCT, FEES, SUPERVISION, BOARD ACTIONS, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was recalled from the Committee on Education and referred to the Committee on Medical Affairs.
The following were introduced:
S. 960 -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE MS. JANE VASSAR (CANDYE) SLAY, OF AIKEN, UPON RECEIVING A 1991 KENNEDY CENTER SCHOOL ADMINISTRATORS AWARD.
On immediate consideration, the Senate Resolution was adopted.
S. 961 -- Senators Wilson, Lourie, Mitchell, and Giese: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE TO THE PEOPLE AND PARLIAMENT OF THE REPUBLIC OF GEORGIA ON THE APRIL 9, 1991, UNANIMOUS VOTE DECLARING THE REPUBLIC INDEPENDENT OF THE SOVIET UNION.
On immediate consideration, the Senate Resolution was adopted.
S. 962 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 8, 1991, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., CHIEF JUSTICE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1994.
Be it resolved by the Senate, the House of Representatives concurring:
That 12:00 noon on Wednesday, May 8, 1991, is fixed as the time for electing a successor to The Honorable George T. Gregory, Jr., Chief Justice of the Supreme Court, whose term expires on July 31, 1994.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 963 -- Senators Wilson, Lourie, Matthews, Martschink, Giese and Courson: A CONCURRENT RESOLUTION TO RECOGNIZE MAY AS BETTER HEARING AND SPEECH MONTH, TO DESIGNATE MAY 9, 1991, AS "SHHH (SELF-HELP FOR HARD OF HEARING PEOPLE) DAY" AT THE STATE HOUSE, AND TO THANK THOSE GROUPS WORKING TO IMPROVE THE LIVES OF THE HEARING IMPAIRED.
Whereas, approximately three hundred thousand South Carolinians of all ages have a mild to severe hearing loss; and
Whereas, this number is expected to increase as the number of older South Carolinians increases; and
Whereas, nearly eighty-seven percent of these South Carolinians who are hard of hearing suffer a hearing loss that does not preclude language development but that may require accommodation that is available with adequate resources for evaluation and treatment; and
Whereas, many who are hard of hearing lose their acute hearing as they grow older and fail to recognize or admit it, unnecessarily diminishing their quality of life; and
Whereas, South Carolinians of all ages who have limited hearing experience many frustrations in daily life as a result of their hearing loss; and
Whereas, service providers give much care and assistance to the hearing impaired but are often unaware of the special needs of this population; and
Whereas, the hearing impaired, through their own efforts, and through the efforts of their families, service providers, local and state, public and private agencies and organizations, can be and are productive members of society; and
Whereas, to further these efforts and to assist in promoting their quality of life, these citizens should have access to all the benefits of society and especially the benefits of increased technology at work and home and in travel and recreational endeavors. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly recognizes May as "Better Hearing and Speech Month" and designates May 9, 1991, as "SHHH (Self-Help for Hard of Hearing People) Day". The General Assembly also wishes to thank those groups that are working to improve the lives of the hearing impaired, especially the Palmetto Columbia Chapter of Self-Help for Hard of Hearing People (SHHH), South Carolina School for the Deaf and Blind, and the South Carolina Association of the Deaf for providing leadership, advocacy, and support for people who have hearing problems.
Be it further resolved that a copy of this resolution be forwarded to the Palmetto Columbia Chapter of Self-Help for Hard of Hearing People, the South Carolina School for the Deaf and Blind, and the South Carolina Association of the Deaf.
Referred to the Committee on Invitations.
S. 964 -- 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. 965 -- Senator Giese: A CONCURRENT RESOLUTION TO COMMEND ONE OF THIS STATE'S MOST UNSELFISH AND CARING PERSONS, MRS. MARY L. "BETTY" DUFFIE FOR HER MORE THAN TWENTY-FIVE YEARS OF LOVING AND INSPIRED WORK WITH THE MENTALLY RETARDED AND HANDICAPPED AS THE FOUNDER AND PRESIDENT OF THE BABCOCK CENTER.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 966 -- Senators Passailaigue, McConnell, Martschink and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE MARGARET BERYL LACEY BAPTISTE OF CHARLESTON COUNTY FOR HER OUTSTANDING SERVICE TO THE NATIONAL ASSOCIATION OF RETIRED FEDERAL EMPLOYEES.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 967 -- Senators Mitchell, Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION REQUESTING THE STATE HOUSE COMMITTEE TO TAKE THE NECESSARY STEPS TO ARRANGE FOR AND PLACE A TABLET IN THE SECOND FLOOR LOBBY OF THE STATE HOUSE IN HONOR OF TWO OF SOUTH CAROLINA'S DISTINGUISHED MEDAL OF HONOR RECIPIENTS, CORPORAL FREDDIE STOWERS, WORLD WAR I, AND ADMIRAL WILLIAM ADGER MOFFETT, VERA CRUZ.
Senator MITCHELL spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 968 -- Senators Lourie and Passailaigue: A CONCURRENT RESOLUTION TO SET WEDNESDAY, MAY 29, 1991, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT SUCCESSORS TO MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 29, 1991, at 12:00 noon for the purpose of electing successors to members of the Legislative Audit Council.
Referred to the Committee on Invitations.
S. 969 -- Senators O'Dell, McGill, Fielding, Macaulay, Mullinax, Passailaigue and Washington: A BILL TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONPROFIT ELEEMOSYNARY CORPORATION FORMED TO PROVIDE SCHOLARSHIP AND OTHER COLLEGE SUPPORT FOR THE CITADEL, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION TO ALLOW FUNDS AND PROPERTY ACQUIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THE SECTION TO BE TRANSFERRED TO THIS NONPROFIT ELEEMOSYNARY CORPORATION.
Read the first time and referred to the Committee on Education.
S. 970 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-55 SO AS TO PROVIDE THAT HOMEBOUND INSTRUCTION MUST BE PROVIDED TO STUDENTS WHO CANNOT ATTEND SCHOOL DUE TO ACCIDENT, ILLNESS, PREGNANCY, OR HANDICAPPED STUDENTS WHO HAVE BEEN EXPELLED.
Read the first time and referred to the Committee on Education.
S. 971 -- Senator Giese: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTION FROM THE ADMISSIONS TAX, SO AS TO EXEMPT ADMISSIONS TO PHYSICAL FITNESS CENTERS AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Finance.
S. 972 -- Senator Wilson: A BILL TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKS, RECREATION AND TOURISM, BY ADDING CHAPTER 25 SO AS TO ENACT THE RAILS TO TRAILS ACT.
Read the first time and referred to the General Committee.
S. 973 -- Senator Drummond: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO AUTHORIZE A COUNTY WHICH IMPOSES A UNIFORM SERVICE CHARGE IN A SPECIAL TAX DISTRICT BY ORDINANCE TO IMPOSE A DELINQUENCY PENALTY THAT CONFORMS TO THE SCHEDULE OF DUE DATES FOR THE CHARGE.
Read the first time and referred to the Committee on Judiciary.
S. 974 -- Senators Wilson, Courson, Giese, Russell and Thomas: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION AND THEREAFTER, ALL COUNTIES MUST USE AUTOMATED OR ELECTRONIC VOTING SYSTEMS AND MAY NOT USE PAPER BALLOTS EXCEPT FOR ABSENTEE OR CONTESTED BALLOTS.
Read the first time and referred to the Committee on Judiciary.
S. 975 -- Senator Fielding: A BILL TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 976 -- Senator Hayes: A BILL TO AMEND SECTION 41-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "FACILITY", "ELEVATOR", AND "DUMBWAITER" AND PROVIDE DEFINITIONS FOR "PERSONNEL HOIST", "TEMPORARILY DECOMMISSIONED FACILITY", "HANDICAP LIFT", AND "MATERIAL LIFT"; TO AMEND SECTION 41-16-40, RELATING TO THE ISSUANCE OF REGULATIONS UNDER THE ELEVATOR CODE, SO AS TO FURTHER PROVIDE FOR REGULATIONS CONCERNING CONTROL OR PREVENTION OF ACCESS TO FACILITIES OR DORMANT FACILITIES AND CONCERNING QUALIFICATIONS FOR OBTAINING AN INSPECTOR'S LICENSE; TO AMEND SECTION 41-16-100, RELATING TO OPERATING PERMITS UNDER THE ELEVATOR CODE, SO AS TO DELETE CERTAIN LANGUAGE, PROVIDE THAT PERMITS MUST BE ISSUED WITHIN THIRTY DAYS AFTER DETERMINATION THAT ALL DEFICIENCIES FOUND UPON INSPECTION HAVE BEEN CORRECTED AND ALL FEES HAVE BEEN PAID, AND PROVIDE THAT THE PERMIT MUST BE POSTED CONSPICUOUSLY IN THE CAR OF AN ELEVATOR OR ON OR NEAR A DUMBWAITER, ESCALATOR, MOVING WALK, MANLIFT, MATERIAL LIFT, HANDICAP LIFT, OR PERSONNEL HOIST; TO AMEND SECTION 41-16-110, RELATING TO ORDERS, REVOCATION OF OPERATING PERMITS, AND JUDICIAL RELIEF UNDER THE ELEVATOR CODE, SO AS TO DELETE THE CURRENT PROVISIONS OF THE CODE SECTION AND PROVIDE INSTEAD FOR CIVIL PENALTIES, PROVIDE FOR THEIR DISPOSITION, AND PROVIDE THAT ANY OWNER, OPERATOR, OR COMPANY AFFECTED OR AGGRIEVED BY CERTAIN ACTS MAY PETITION FOR ADMINISTRATIVE REVIEW IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 41-16-140, RELATING TO FEES UNDER THE ELEVATOR CODE, SO AS TO PROVIDE THAT WHEN FEES ARE NOT PAID WITHIN SIXTY DAYS THE ATTORNEY GENERAL SHALL BRING AN ACTION, PROVIDE FOR THE DISPOSITION OF ANY AMOUNTS COLLECTED, AND PROVIDE THAT THE STATE MAY BE GRANTED COSTS AND ATTORNEY'S FEES FOR THESE COLLECTION ACTIONS; AND TO AMEND SECTION 41-16-180, RELATING TO CIVIL PENALTIES UNDER THE ELEVATOR CODE, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, PROVIDE FOR APPLICATION TO THE CIRCUIT COURT FOR A TEMPORARY ORDER TO ENJOIN AN "IMMINENTLY DANGEROUS FACILITY", ALLOW FOR A PERMANENT INJUNCTION UNDER CERTAIN CONDITIONS, AND PROVIDE THAT THE TEMPORARY OR PERMANENT INJUNCTION BE VACATED UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 977 -- Senator Leatherman: A SENATE RESOLUTION TO HONOR MARY GRACE GRADY WHO SELFLESSLY HAS SERVED THE GIRL SCOUTS AND THE PEE DEE COMMUNITY FOR OVER FORTY-FIVE YEARS.
On immediate consideration, the Senate Resolution was adopted.
S. 978 -- Senators Wilson, Lourie, Matthews, Martschink, Giese and Courson: A SENATE RESOLUTION TO EXTEND THE PRIVILEGE OF THE CHAMBER BEHIND THE RAIL TO A GROUP REPRESENTING "SHHH" (SELF-HELP FOR HARD OF HEARING PEOPLE) ON THURSDAY, MAY 9, 1991, FOR THE PURPOSE OF RECOGNIZING MAY AS "BETTER HEARING AND SPEECH MONTH" AND TO EXTEND THE APPRECIATION OF THE SENATE TO THOSE GROUPS THAT ARE WORKING TO IMPROVE THE LIVES OF THE HEARING IMPAIRED.
On immediate consideration, the Senate Resolution was adopted.
S. 979 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE DR. J. OBERT KEMPSON OF COLUMBIA UPON RECEIVING THE "OUTSTANDING OLDER SOUTH CAROLINIAN AWARD" BY THE SOUTH CAROLINA COMMISSION ON AGING.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3938 -- Reps. P. Harris, Waldrop and Neilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING MAY 5, 1991, AS "OLDER SOUTH CAROLINIAN WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, love, respect, and admiration for the aged have always been basic philosophical principles of western civilization; and
Whereas, the contributions of older Americans and their families represent the strength and future of our nation and have resulted in the growth and prosperity of our society at both the state and national levels; and
Whereas, a week designated for the purpose of focusing on the needs and value of older people and the community services available to them will be beneficial to older adults age sixty years and over, who comprise a rich segment of the state's population. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the week beginning May 5, 1991, is designated "Older South Carolinian Week", and Governor Carroll A. Campbell is requested to call upon the people of this State to observe the week with appropriate ceremonies and activities.
Referred to the Committee on Invitations.
H. 3968 -- Reps. D. Williams, H. Brown, Wofford and J. Williams: A CONCURRENT RESOLUTION TO CONGRATULATE THE MACEDONIA HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM IN BERKELEY COUNTY UPON WINNING ITS SECOND CONSECUTIVE BOYS CLASS AA STATE BASKETBALL TITLE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3969 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND ONE OF THIS STATE'S MOST UNSELFISH AND CARING PERSONS, MRS. MARY L. "BETTY" DUFFIE FOR HER MORE THAN TWENTY-FIVE YEARS OF LOVING AND INSPIRED WORK WITH THE MENTALLY RETARDED AND HANDICAPPED AS THE FOUNDER AND PRESIDENT OF THE BABCOCK CENTER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3970 -- Reps. McAbee, Cork, D. Elliott and Altman: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1991, AS SOUTH CAROLINA TOURISM MONTH TO BE OBSERVED WITH SPECIAL EVENTS THE WEEK OF MAY 5 - 11, 1991, WHICH HAS BEEN DESIGNATED BY CONGRESS AS NATIONAL TOURISM WEEK.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3975 -- Reps. Tucker, P. Harris, Townsend, T.C. Alexander, Shirley, Chamblee, Ross and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF HERBERT C. HALL OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3976 -- Rep. Koon: A CONCURRENT RESOLUTION CONGRATULATING THE TOWN OF LEESVILLE, LEXINGTON COUNTY, ON THE CONSTRUCTION AND DEDICATION OF ITS NEW FIRE STATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3977 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 8, 1991, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., CHIEF JUSTICE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1994.
Be it resolved by the House of Representatives, the Senate concurring:
That 12:00 noon on Wednesday, May 8, 1991, is fixed as the time for electing a successor to The Honorable George T. Gregory, Jr., Chief Justice of the Supreme Court, whose term expires on July 31, 1994.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3172 -- Reps. Wright, Felder, Koon, Derrick, Sturkie and Sharpe: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.
Read the first time and referred to the Local Delegation.
H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110, SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, 23-31-360, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, AS AMENDED, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, AS AMENDED, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONY TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-1-90, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, 16-3-920, 16-3-1060, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-311, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, AS AMENDED, 56-5-2945, AS AMENDED, 56-29-30, 58-13-10, 59-25-250, 59-63-450, 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY; 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190, RELATING TO STEALING TIRES OR TUBES, 16-13-200, RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30, RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE; 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN; 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMAN.
Read the first time and referred to the Committee on Judiciary.
H. 3434 -- Rep. Burch: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.
Read the first time and referred to the Committee on Medical Affairs.
H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3493 -- Rep. Felder: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDATION OF VETERANS' DISCHARGE AND OBTAINING A CERTIFIED COPY OF A REGISTERED DISCHARGE OR REGISTERED CERTIFICATE OF LOST DISCHARGE, SO AS TO DELETE THE PROVISION FOR A SPECIFIC FEE OF FIFTY CENTS FOR THE CERTIFIED COPY AND PROVIDE THAT FEES FOR FURNISHING A CERTIFIED COPY MAY BE ESTABLISHED BY EACH COUNTY BUT NOT TO EXCEED FIFTY CENTS, TO PROVIDE THAT THE CLERK OF COURT MAY DESIGNATE TO THE COUNTY VETERANS' AFFAIRS OFFICER RESPONSIBILITIES UNDER SECTIONS 30-15-10, 30-15-20, 30-15-30, 30-15-40, AND 30-15-60 UPON AGREEMENT OF THE CLERK AND VETERANS' AFFAIRS OFFICER, TO PROVIDE THAT ANY TRANSFER OF RECORDS MUST BE APPROVED BY THE COUNTY GOVERNING BODY, AND TO PROVIDE THAT, UPON THE TRANSFER OF RECORDS BEING MADE, THE COUNTY VETERANS' AFFAIRS OFFICER MAY ISSUE CERTIFIED COPIES AS REQUESTED.
Read the first time and referred to the General Committee.
H. 3494 -- Reps. Wilkins, Mattos, M.O. Alexander, Manly, Cato, Barber, Vaughn, Wofford, A. Young, Haskins, Jaskwhich, Clyborne and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 23 SO AS TO ESTABLISH A THREE DIGIT PUBLIC SAFETY EMERGENCY PHONE NUMBER, 911, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE POLITICAL SUBDIVISIONS OF THE STATE TO CREATE 911 PUBLIC SAFETY COMMUNICATIONS CENTERS FOR THE PURPOSE OF ESTABLISHING A LOCAL EMERGENCY TELEPHONE SERVICE, TO PERMIT FUNDING FOR THE CENTERS, INCLUDING PROVISIONS FOR LEVYING A TELEPHONE SERVICE CHARGE, AND FOR RELATED PURPOSES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3935 -- Rep. Rhoad: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF EHRHARDT CEMETERY COMPANY IN BAMBERG COUNTY.
Read the first time and referred to the Committee on Judiciary.
H. 3952 -- Reps. Gonzales, Barber, Rama, Holt, Hallman, Fulmer, J. Bailey, Whipper, Inabinett, D. Martin and R. Young: A BILL TO PERMIT THE NORTH CHARLESTON DISTRICT TO CONTINUE TO ENTER INTO A FRANCHISE AGREEMENT WITH AN ELECTRIC UTILITY OR SUPPLIER.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3959 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1991-92 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1991-92.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 915 -- Senators Drummond and Land: A BILL TO AMEND SECTION 38-73-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSIGNED RISKS, SO AS TO PROVIDE ASSIGNED RISK POOLS SHALL ACCEPT WORKERS' COMPENSATION INSURANCE POLICIES ON THE BASIS THAT THEY PROVIDE COVERAGE TO VENDORS PROVIDING LOGGING SERVICES TO THE NAMED INSURED.
On motion of Senator MARTIN, with unanimous consent, the Bill was taken up for immediate consideration.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bill having been read the second time was passed and ordered to a third reading:
H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 831 -- Senator Pope: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR NEWBERRY COUNTY AND TO ABOLISH THE NEWBERRY COUNTY ELECTIONS COMMISSION AND THE BOARD OF REGISTRATION OF NEWBERRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
On motion of Senator POPE, S. 831 was ordered to receive a third reading on Wednesday, May 8, 1991.
H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (JIC\5643.HC) was adopted as follows:
Amend the bill, as and if amended, in Section 33-14-220(a)(4), as contained in SECTION 6, page 4, by inserting after /corporation/ on line 16 /, whether assessed or not,/.
Amend further, in Section 33-15-330(A), as contained in SECTION 7, page 4, beginning on line 25, by striking /within two years/ and inserting /at any time/.
Amend further, by adding two appropriately numbered sections to read:
/SECTION ___. Section 4-10-40(B) of the 1976 Code, as added by Act 317 of 1990, is amended to read:
"(B) All of the revenue received by a county and municipality from the Property Tax Credit Fund must be used to provide a credit against the property tax liability of taxpayers in the county and municipality in an amount determined by multiplying the appraised value of the taxpayer's taxable property by a fraction in which the numerator is the total estimated revenue received by the county or municipality from the Property Tax Credit Fund during the applicable tax fiscal year of the political subdivision and the denominator is the total of the appraised value of taxable property in the county or municipality as of January first of the applicable taxable year."
SECTION ___. Section 12-36-950 of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"Section 12-36-950. It is presumed that all gross proceeds are subject to the tax, until the contrary is established. The burden of proof that the sale of tangible personal property is not a sale at retail is on the seller.
However, if the seller receives a resale certificate is received from signed by the purchaser stating that the property is purchased for resale, the burden of proof that the sale was at retail is on commission liability for the sales tax shifts from the seller to the purchaser. If the commission finds that a sale was not for resale, the seller remains liable for the tax.
The resale certificate must include the purchaser's name, address, retail sales tax license number, and any other provisions or information considered necessary by the commission.
The commission may require the seller to provide information it considers necessary for the administration of this section."/
Renumber sections to conform.
Amend title to conform.
Senator WADDELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 16 -- Senator Passailaigue: A BILL TO ADOPT THE SOUTH CAROLINA COLLEGIATE ATHLETIC ASSOCIATION PROCEDURES ACT.
Senator GIESE asked unanimous consent to make a motion to refer the Bill to the Committee on Education, retaining its place on the Calendar.
There was no objection.
S. 571 -- Senator Drummond: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.
On motion of Senator DRUMMOND, the Bill was recommitted to the Committee on Finance.
H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.
On motion of Senator McCONNELL, the Bill was carried over.
H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.
On motion of Senator McCONNELL, the bill was carried over.
H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Senator MOORE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HINDS argued contra to the second reading of the Bill.
Senator LOURIE moved under Rule 3b to send for the absentee members.
Senator HINDS raised a Point of Order that the motion was out of order inasmuch as the Senator making the motion did not have the floor.
The PRESIDENT overruled the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Giese Leatherman Long
Lourie Martschink McConnell
Moore Passailaigue Peeler
Rose Russell Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Wilson
Bryan Fielding Gilbert
Hinds Hinson Holland
Leventis Macaulay Martin
Matthews McGill Mitchell
Mullinax O'Dell Patterson
Reese Saleeby Shealy
Washington Williams
The motion under Rule 3b to send for the absentee members failed.
Senator HINDS continued arguing contra to the second reading of the Bill.
Senator WILLIAMS asked unanimous consent to make a motion that the Senate do now adjourn, with Senator HINDS retaining the floor.
Senator LOURIE objected.
Senator HINDS continued arguing contra to the second reading of the Bill.
Senator WILLIAMS moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert
Hinds Hinson Holland
Leventis Macaulay Martin
Matthews McGill Mullinax
O'Dell Patterson Saleeby
Stilwell Williams
Giese Leatherman Long
Lourie Martschink McConnell
Moore Passailaigue Peeler
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Thomas Waddell
Washington Wilson
The Senate refused to adjourn.
Senator MULLINAX argued contra to the second reading of the Bill.
Senator LOURIE made a Parliamentary Inquiry as to whether or not the Senator was speaking on the Bill or an amendment.
The PRESIDENT stated that the Senator had indicated that he was speaking on the Bill.
Senator MULLINAX continued arguing contra to the second reading of the Bill.
Senator PEELER assumed the Chair.
Senator MULLINAX continued arguing contra to the second reading of the Bill.
Senator FIELDING asked unanimous consent to make a motion that the Senate stand adjourned.
Senator LOURIE objected.
Senator GILBERT requested and was granted a leave of absence from 2:00 until 3:00 P.M.
Senator MULLINAX argued contra to the second reading of the Bill.
Senator LOURIE moved under Rule 3b to send for the absentee members.
Senator HOLLAND, with unanimous consent, was recognized to speak on the motion.
Senator LOURIE, with unanimous consent, was recognized to speak on the motion.
Senator WILLIAMS, with unanimous consent, was recognized to speak on the motion.
Senator MULLINAX, with unanimous consent, was recognized to speak on the motion.
Senator BRYAN raised a Point of Order that the motion to invoke Rule 3b was out of order inasmuch as the Senator making the motion did not have the floor.
Senator McCONNELL spoke on the Point of Order.
Senator BRYAN spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator HINDS spoke on the Point of Order.
Senator THOMAS spoke on the Point of Order.
The ACTING PRESIDENT overruled the Point of Order.
Senator LOURIE renewed the motion under Rule 3b to send for the absentee members.
A roll call vote was ordered.
Senator MACAULAY moved that the Senate stand adjourned.
Senator LOURIE raised a Point of Order that the motion to adjourn was out of order inasmuch as a roll call vote had been ordered.
The ACTING PRESIDENT sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Giese Leatherman Long
Lourie Martschink McConnell
McGill Moore Passailaigue
Peeler Reese Russell
Smith, N.W. Stilwell Thomas
Wilson
Bryan Fielding Hinds
Hinson Holland Leventis
Macaulay Matthews Mullinax
Saleeby Shealy Washington
Williams
At 2:15 P.M., Rule 3b was invoked.
Senator MULLINAX continued arguing contra to the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, Senators MOORE, WASHINGTON, and STILWELL were granted leave to attend a meeting of the Committee of Conference on H. 3743 at 2:30 P.M. and those members would be counted in any quorum calls.
Senator LOURIE made a Parliamentary Inquiry as to whether or not under Rule 3b the outer doors would be secured and the members would be prevented from leaving the Chamber.
The ACTING PRESIDENT stated that when Rule 3b is invoked in the presence of a quorum, that the outer doors remain open.
Senator MULLINAX continued arguing contra to the second reading of the Bill.
Senator WILLIAMS asked unanimous consent to make a motion under Rule 15A to set a time certain for 11:30 A.M. on Wednesday, May 8, 1991, to vote on Amendment No. 10, and, if adopted, that Rule 3b be rescinded.
At 2:18 P.M., on motion of Senator MULLINAX, with unanimous consent, the Senate receded from business not to exceed one minute, with Senator MULLINAX retaining the floor.
At 2:19 P.M., the Senate resumed.
Senator WILLIAMS renewed his unanimous consent request, to make a motion under Rule 15A to set a time certain for 11:30 A.M. on Wednesday, May 8, 1991, to vote on Amendment No. 10, and, if adopted, that Rule 3b be rescinded.
The motion was adopted.
On motion of Senator WILLIAMS, debate was interrupted by adjournment.
MOTION ADOPTED
On motion of Senators WILSON, SETZLER, and SHEALY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. F.W. "Billy" Caughman of Lexington, South Carolina.
At 2:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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