Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of St. Luke (5:4-6)(TEV):

"When He finished speaking, He said to Simon,

`Push the boat out further to the deep water, and

you and your partners let your nets down for a

catch.' `Master,' Simon answered, `we worked hard

all night long and caught nothing. But if You

say so, I will let down the nets.' They let

the nets down and caught such a large number of

fish that the nets were about to break."
Let us pray.

Father in heaven, our problems are many. We've been working hard. At home... and abroad... there are many clouds of uncertainty and frustration all over the planet. Make us aware that the Lord of Life is standing behind every cloud... beckoning us to a deeper faith. So lift up our hearts.

Help us to work out our salvation, as St. Paul said, "with fear and trembling..." but also in trust and confidence!

Show us the path into the future... and keep us teachable.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

March 4, 1992
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, South Carolina Workers Compensation Commission, with term to expire June 30, 1998:

At-Large:

Honorable Sherry S. Martschink, 723 Angus Court, Mt. Pleasant, South Carolina 29464-3601 VICE Virginia Crocker

Referred to the Committee on Judiciary.

(On motion of Senator COURSON, ordered printed in the Journal)

At 11:19 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:30 A.M.

There was no objection and a message was sent to the House accordingly.

At 11:25 A.M., Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Courtney
Drummond Fielding Giese
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Leatherman Leventis Lourie
Macaulay Martschink McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Russell Saleeby
Setzler Shealy Smith, J.V.
Stilwell Thomas Washington
Wilson

The Senate resumed.

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:

(R289) S. 1290 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1383, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R290) S. 818 -- Senator Bryan: AN ACT TO REPEAL SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUDIT OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE BUDGET AND CONTROL BOARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-22-115 SO AS TO EXEMPT LEGISLATIVELY REQUIRED REPETITIVE AUDITS FROM THE REQUIREMENTS OF THE COMPLIANCE REVIEW ACT OF 1988.

(R291) S. 318 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO PROVIDE THAT, IN THE EVENT OF AN EMERGENCY, THE STATE ELECTION COMMISSION MUST, IN COOPERATION WITH UNITED STATES GOVERNMENT AGENCIES, TAKE ALL NECESSARY STEPS AND ACTION, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC TRANSMISSIONS OF STANDARD FORM 76 ISSUED BY THE FEDERAL GOVERNMENT AS AN APPLICATION FOR VOTER REGISTRATION AND AN APPLICATION FOR ABSENTEE BALLOTS AND ELECTRONIC TRANSMISSIONS OF ABSENTEE BALLOTS TO OR FROM ANY ELECTOR IN THE UNITED STATES ARMED SERVICES, TO ENSURE THAT CERTAIN SOUTH CAROLINA RESIDENTS HAVE THE OPPORTUNITY TO RECEIVE AND CAST BALLOTS, DEFINE "EMERGENCY", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE STATE ELECTION COMMISSION.

(R292) S. 1017 -- Senator Drummond: AN ACT TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION RELATING TO THE TIMES OF THE COMMISSION'S MEETINGS AND TO AUTHORIZE THE COMMISSION TO CHANGE THE LOCATION OF THE MEETING UNDER A CERTAIN CONDITION; TO AMEND SECTION 7-17-70, RELATING TO ELECTIONS, BOARD OF CANVASSERS, AND THE HEARING OF APPEALS, SO AS TO PROVIDE FOR AN EXCEPTION AS TO WHERE THE BOARD OF STATE CANVASSERS SHALL MEET; AND TO AMEND SECTION 7-17-220, RELATING TO THE MEETING OF THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE FOR AN EXCEPTION AS TO WHERE THE BOARD SHALL MEET AFTER A GENERAL ELECTION FOR THE PURPOSE OF CANVASSING THE VOTE AT SUCH ELECTION.

(R293) S. 1264 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION AND SUSPENSION OF CERTIFICATES OF AUTHORITY GRANTED TO INSURERS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THE COMMISSIONER MAY ISSUE CERTAIN ORDERS WHEN AN INSURER IS IN AN UNSOUND OR HAZARDOUS CONDITION.

(R294) S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: AN ACT TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED; AND TO AMEND SECTION 56-3-375, RELATING TO THE ESTABLISHMENT OF A SYSTEM OF REGISTRATION OF MOTOR VEHICLES ON A MONTHLY BASIS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT REQUIRE A PERSON TO MAINTAIN REGISTRATION AND LICENSING FOR A VEHICLE THAT CEASES TO BE OPERATED, IS IN STORAGE, OR IS INOPERABLE AND TO PROVIDE FOR THE MANNER IN WHICH THESE VEHICLES MAY BE REREGISTERED.

(R295) S. 1116 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: AN ACT TO AMEND SECTION 44-22-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO REVISE THESE DEFINITIONS; TO AMEND SECTION 44-22-60, RELATING TO RIGHTS OF PATIENTS UPON ADMISSION TO A FACILITY, SO AS TO CLARIFY THAT RIGHTS OF PATIENTS APPLY WHEN ADMITTED TO A DEPARTMENT OF MENTAL HEALTH FACILITY RATHER THAN TO ANY MENTAL HEALTH RESIDENTIAL PROGRAM; TO AMEND SECTION 44-22-70, RELATING TO INDIVIDUALIZED TREATMENT PLANS, SO AS TO PROVIDE THAT SUCH PLAN MUST BE REVIEWED IN A LONG-TERM CARE FACILITY EVERY NINETY DAYS RATHER THAN EVERY SIXTY DAYS; TO AMEND SECTION 44-22-100, RELATING TO CONFIDENTIALITY OF RECORDS, CERTIFICATES, APPLICATIONS, AND REPORTS, SO AS TO CLARIFY THAT THIS CONFIDENTIALITY EXTENDS TO CERTAIN OTHER CHAPTERS IN TITLE 44; TO AMEND SECTION 44-22-120, RELATING TO CERTAIN RIGHTS THAT PATIENTS ARE ASSURED, SO AS TO INCLUDE THE RIGHT TO CARE FOR ONE'S OWN CLOTHING WHEN ABLE TO DO SO AND TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED PERSONAL PROPERTY WHEN A PATIENT IS DISCHARGED; TO AMEND SECTION 44-22-150, RELATING TO MECHANICAL RESTRAINTS ON PATIENTS, SO AS TO PROVIDE THAT THE RESTRAINTS MUST BE REMOVED EVERY TWO HOURS; TO AMEND SECTION 44-22-210, RELATING TO A PATIENT'S TEMPORARY LEAVE OF ABSENCE, SO AS TO EXTEND THE LIMITATION ON SUCH A LEAVE FROM FOURTEEN TO NINETY DAYS; AND TO REPEAL SECTIONS 44-17-650, 44-23-1010, 44-23-1060, AND 44-52-180 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.

(R296) H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES ARE TERMINATED; TO TRANSFER TEMPORARILY ALL POWERS AND DUTIES OF THE BOARD TO THE STATE BUDGET AND CONTROL BOARD; TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER; TO PROVIDE THAT THE CURRENT COMMISSIONER SHALL REMAIN AN EMPLOYEE OF THE DEPARTMENT; TO PROVIDE THAT ANY RESTRUCTURING OF THE DEPARTMENT MUST BE CONSISTENT WITH STATE LAW AND CERTAIN CHANGES APPROVED BY THE BUDGET AND CONTROL BOARD; TO PROVIDE THAT THE COUNTY BOARDS OF SOCIAL SERVICES ARE ONLY ADVISORY TO THE COUNTY DIRECTORS; AND TO PROVIDE THAT THE COUNTY DEPARTMENTS OF SOCIAL SERVICES ARE TEMPORARILY UNDER THE AUTHORITY OF THE STATE COMMISSIONER OF SOCIAL SERVICES.

(R297) H. 4141 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.

(R298) H. 4138 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.

(R299) H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: AN ACT TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS FOR INITIAL CERTIFICATION AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN READING AND WRITING BRAILLE; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.

(R300) H. 4308 -- Reps. L. Elliott and Harwell: AN ACT TO AMEND ACT 197 OF 1991, RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.

(R301) H. 4111 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.

(R302) H. 4136 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.

(R303) H. 4380 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R304) H. 3766 -- Reps. Waldrop and Scott: AN ACT TO AMEND SECTIONS 32-7-10 AND 32-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.

Senator MOORE introduced Dr. Benjamin Nicholson of Edgefield, South Carolina, Doctor of the Day.

At 11:05 A.M., on motion of Senator HOLLAND, Senator WILLIAMS was granted a leave of absence for today.

Columbia, S.C., March 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R284, S. 797 by a vote of 2 to 0:
(R284) S. 797 -- Senator Martin: AN ACT TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.
Very respectfully,
Speaker of the House

Received as information.

H. 4370 -- Reps. Hallman, Gonzales, Barber, Whipper, R. Young, Rama, D. Martin, J. Bailey, Fulmer, Holt and Inabinett: A CONCURRENT RESOLUTION SUPPORTING AND ENCOURAGING THE RELOCATION OF THE NATIONAL MEDAL OF HONOR MUSEUM TO PATRIOTS POINT NAVAL AND MARITIME MUSEUM IN CHARLESTON HARBOR; URGING THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE DEPARTMENT OF EDUCATION, THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, AND THE CITADEL TO LEND THEIR SUPPORT TO THIS EFFORT; AND EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY THAT PATRIOTS POINT DEVELOPMENT AUTHORITY USE CERTAIN MONIES TO ASSIST IN THESE RELOCATION COSTS AND THAT THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD RESTRUCTURE PAYMENT OF THE BALANCE OF THE LOAN AUTHORIZED IN ACT 623 OF 1990 FOR A FIVE-YEAR PERIOD WITHOUT THE PAYMENT OF INTEREST.

On motion of Senator HELMLY, with unanimous consent, the Bill was recalled from the Committee on Finance.

On motion of Senator HELMLY, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 1357 -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING RIDGEWAY MAYOR LAURA MULLER THOMAS OF FAIRFIELD COUNTY UPON BEING NAMED "SOUTH CAROLINA MOTHER OF THE YEAR" FOR 1992, AND WISHING HER GOOD LUCK IN THE NATIONAL MOTHER OF THE YEAR COMPETITION IN LOS ANGELES IN APRIL.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

On motion of Senator DRUMMOND, with unanimous consent, the Privilege of the Floor was extended to Mrs. Kate Bracknell Dorn and her family. Mrs. Dorn was congratulated on her selection as Ms. Senior South Carolina.

S. 1358 -- Senators Drummond, Bryan, Carmichael, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. KATE BRACKNELL DORN OF MCCORMICK IN MCCORMICK COUNTY ON BEING NAMED MS. SENIOR SOUTH CAROLINA AND WISHING SUCCESS FOR HER AS SHE COMPETES IN ATLANTIC CITY, NEW JERSEY, IN APRIL, 1992, FOR THE TITLE MS. SENIOR AMERICA.

Whereas, the members of the General Assembly were delighted to learn that Mrs. Kate Bracknell Dorn of McCormick in McCormick County, representing the McCormick County Council on Aging, was named Ms. South Carolina Senior America in statewide competition held in Rock Hill on January 12, 1992; and

Whereas, Mrs. Dorn, by virtue of winning the South Carolina title, will travel to Atlantic City, New Jersey, in April of this year to represent South Carolina in the Ms. Senior America Pageant; and

Whereas, this outstanding mother of four, grandmother of eight, and great-grandmother of two, who, with the exception of the World War II years, has lived her entire life in McCormick County, is a true example of the very best of family values and service to community in that Mrs. Dorn, among numerous other activities, has been a school teacher, retiring in 1989, church choir director, active volunteer with the McCormick County Council on Aging, where she instructs an aerobics class, leads the Senior Song Birds, and is an active participant in the Retired Senior Volunteer Program; and

Whereas, Mrs. Dorn, a graduate of Plum Branch High School and Lander College, in 1939 married George N. Dorn, raising four children: George, Jr., familiar to members of the General Assembly as Assistant Director of the State Budget Division; Kay, Sandy, and John C; and

Whereas, she, until the youngest child reached third grade, was a busy homemaker involved in Girl Scouts, Boy Scouts, church activities, and even did catering from her home; and

Whereas, in the 1970's she began teaching music at John de la Howe School; and

Whereas, music and sports have been particularly favorite activities of Mrs. Dorn, whose love of music was inspired by her music teacher mother, thus giving rise to her long service as director of the children's choir at the McCormick First Baptist Church and directed many musical plays and skits for Long Cane Academy and the Senior Center in McCormick; and

Whereas, her love of sports was evidenced by her being an avid tennis player and a participant of the Women's Softball League for many years; and

Whereas, Mrs. Dorn is living proof that staying active and involved in family and community activities allows one to maintain a vigorous lifestyle and a truly marvelous attitude toward life; and

Whereas, it is appropriate for the members of the General Assembly to pause in their deliberations so that they might congratulate so distinguished a daughter of South Carolina on winning this honor and so that they might wish her great success in the national contest and in so doing serve as an example not only to South Carolina's senior citizens but all the residents of our beloved State. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly express their congratulations to Mrs. Kate Bracknell Dorn of McCormick in McCormick County on being named Ms. Senior South Carolina and wishing success for her as she competes in Atlantic City, New Jersey, in April, 1992, for the title of Ms. Senior America.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Kate Bracknell Dorn.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1359 -- Senators Peeler, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT LEGISLATION TO POSTPONE THE IMPLEMENTATION OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 SO AS TO PROVIDE THAT THE DATE FOR THE LICENSING OF COMMERCIAL DRIVERS SHALL NOT TAKE EFFECT UNTIL APRIL 2, 1993.

Whereas, the implementation of the Commercial Motor Vehicle Safety Act of 1986 has resulted in requiring all commercial truck drivers to be tested for the purposes of interstate commerce; and

Whereas, the new commercial motor vehicle licensing requirements have created a hardship for many of the motor vehicle carriers and commercial truck drivers of our country and State; and

Whereas, many professional truck drivers are currently faced with the hardship of losing their employment if they fail to become licensed under the Commercial Motor Vehicle Safety Act of 1986 by April 2, 1992; and

Whereas, it is not overly burdensome to postpone the implementation of the Commercial Motor Vehicle Safety Act of 1986 as it relates to the requirement that all commercial drivers be licensed by April 2, 1992. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the State of South Carolina memorialize Congress to enact legislation to postpone until April 2, 1993, the requirement that all commercial drivers be licensed under the Commercial Motor Vehicle Safety Act of 1986.

Be it further resolved that a copy of this resolution be forwarded to each house of Congress, each member of the South Carolina Delegation, and the Secretary of Transportation of the United States.

Senator PEELER spoke on the Resolution.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1360 -- Senators McGill, O'Dell, Mullinax, Leventis, Gilbert, Hinson, Rose, Thomas, Moore, Lourie, Peeler, Reese, Carmichael, Shealy, Macaulay, Pope, Wilson, Russell, Courtney, Washington, Saleeby, Courson, Matthews, Land, Helmly, Fielding, Bryan and Patterson: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.

Read the first time and referred to the Committee on Finance.

S. 1361 -- Senators Giese, Reese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.

Read the first time and referred to the Committee on Medical Affairs.

S. 1362 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-25 SO AS TO PROVIDE TEMPORARY WORKERS' COMPENSATION COVERAGE FOR AN APPLICANT TO AN APPROVED SELF-INSURANCE FUND.

Read the first time and ordered placed on the Calendar without reference.

S. 1363 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.

Read the first time and ordered placed on the Calendar without reference.

S. 1364 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO CONTINUING INSURANCE EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1434, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 1365 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 38 SO AS TO PROVIDE FOR THE MANAGING GENERAL AGENTS ACT.

Read the first time and ordered placed on the Calendar without reference.

S. 1366 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, REINSURANCE INTERMEDIARY-BROKERS, AND REINSURANCE INTERMEDIARY-MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.

Read the first time and ordered placed on the Calendar without reference.

H. 4493 -- Reps. Koon, Rama, Holt, Hallman, J. Bailey, D. Martin, Inabinett, Whipper, Fulmer and Barber: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH DECEMBER 14, 1991, OF TROOPER FIRST CLASS DAVID HUNTER O'BRIEN OF CHARLESTON AND THE SOUTH CAROLINA HIGHWAY PATROL, EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE LAW ENFORCEMENT DIVISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO TAKE THE NECESSARY STEPS TO SET UP A TRUST IN MEMORY OF DAVID HUNTER O'BRIEN TO PROVIDE SCHOLARSHIPS FOR PERSONS DESIRING TO JOIN THE RANKS OF LAW ENFORCEMENT.

Whereas, December 14, 1991, the South Carolina Highway Patrol lost one of their own as Trooper First Class David Hunter O'Brien died tragically in the line of duty in an automobile accident; and

Whereas, David Hunter O'Brien was a trooper for eighteen months and was to be promoted the night before the accident. He also was Beaufort County's Trooper of the Year for 1991; and

Whereas, law enforcement in South Carolina, as well as his family and friends, suffered a tremendous loss with the death of this fine young man; and

Whereas, David Hunter O'Brien is survived by his wife, Lori Barwick O'Brien, and his parents, Lillian Hunter O'Brien and William Joseph O'Brien, Jr.; and

Whereas, a trust to reward persons who desire to serve this State as a law enforcement officer truly would be a fitting memorial to the dedication and hard work of this outstanding trooper; and

Whereas, it is the wish of the General Assembly that the Law Enforcement Division of the South Carolina Department of Highways and Public Transportation take the necessary steps to have such a trust set up to memorialize the good name and excellent example of David Hunter O'Brien; and

Whereas, the Law Enforcement Division is requested to work with the local law enforcement of Charleston County, South Carolina Law Enforcement Division, South Carolina Troopers Association, and South Carolina Law Enforcement Officers Association to establish the trust. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly express their deepest sorrow at the death of Trooper First Class David Hunter O'Brien of Charleston and the South Carolina Highway Patrol, extend sympathy to his family and many friends, and request the Law Enforcement Division of the Department of Highways and Public Transportation to take the necessary steps to set up a trust in memory of David Hunter O'Brien to provide scholarships for persons desiring to join the ranks of law enforcement.

Be it further resolved that a copy of this resolution be forwarded to the O'Brien family.

Referred to the Committee on Transportation.

H. 4461 -- Rep. Wilder: A BILL TO PROVIDE A PER DIEM ALLOWANCE FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT BOARD OF TRUSTEES IN BARNWELL COUNTY.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

Senator WILSON, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Judiciary, submitted a favorable report on:

S. 945 -- Senator Rose: A BILL TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.

Ordered for consideration tomorrow.

Senator STILWELL, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 1308 -- Senators Nell W. Smith, Mullinax and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Senator STILWELL, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Judiciary, submitted a favorable with amendment report on:

H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from S.C. Home Care Assn. to attend a luncheon at the Marriott on Tuesday, March 10, 1992, beginning at 1:30 P.M. or upon adjournment.

The invitation was accepted.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from Rock Hill Area Chamber of Commerce to attend a reception at the Marriott on Tuesday, March 10, 1992, from 6:00-9:00 P.M.

The invitation was accepted.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from S.C. Federation of Business and Professional Women of S.C. to attend a buffet breakfast at the Governors House on Wednesday, March 11, 1992, from 7:30-9:00 A.M.

The invitation was accepted.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from SCASA to attend a reception at the Marriott on Wednesday, March 11, 1992, from 6:00-7:00 P.M.

The invitation was accepted.

S. 1348 -- Senator Courson: A CONCURRENT RESOLUTION TO HONOR JO ANNE SAINT CLAIR WHO HAS SUCCESSFULLY TRANSFORMED THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF SOCIAL WORKERS THROUGH HER DEDICATION AND PROFESSIONALISM AND HAS UNSELFISHLY STRIVED TO PROTECT, PRESERVE, AND ENHANCE THE RIGHTS OF OTHERS AND THE WELFARE OF THE COMMUNITY.

Returned with concurrence.

Received as information.

At 11:30 A.M., Senator McGILL requested and was granted a leave of absence beginning at 1:30 P.M. for the remainder of the day.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

At 12:10 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
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 Washington Wilson

The Senate resumed.

The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:

S. 759 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF DEER AND DEER PARTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, TRADE, OR BARTER BIRDS PROTECTED BY STATE LAW, GAME FISH, AND ANIMALS, EXCEPT FURBEARERS, AND TO REVISE PENALTIES.

S. 764 -- Senator Drummond: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.

S. 786 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-530 SO AS TO PROHIBIT THE PURCHASE, BARTER, TRADE, AND SALE OF CERTAIN SPECIES OF BILLFISH AND PROVIDE PENALTIES.

S. 1342 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO STATE FALCONRY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1456, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1343 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.

S. 1344 -- Senators Setzler, Drummond, Land, Leventis, J. Verne Smith, Giese and Courson: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.

(By prior motion of Senator SETZLER, with unanimous consent)

S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE THAT WHEN SALES AND USE TAX EXEMPTIONS ARE HELD TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT THAT THE SOUTH CAROLINA TAX COMMISSION MAY ONLY APPLY APPLICABLE TAXES PROSPECTIVELY.

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

Senators PASSAILAIGUE, McCONNELL, ROSE, DRUMMOND, J. VERNE SMITH, LAND, SETZLER, LEATHERMAN, LEVENTIS, MACAULAY, PEELER, NELL W. SMITH, FIELDING, GIESE, HINSON, THOMAS, GILBERT, PATTERSON, HELMLY, HINDS and McGILL proposed the following amendment (JIC6234.HC), which was adopted:

Amend the resolution, as and if amended, by striking all before the enacting words and inserting:

/Whereas, the South Carolina Supreme Court has declared the state sales and use tax exemption for religious publications unconstitutional; and

Whereas, the South Carolina Tax Commission has correctly determined the sales and use tax to be due for sales or purchases of religious publications between February 21, 1989, and January 13, 1992; and

Whereas, this will create an unfair burden on the retailers licensed with this State; and

Whereas, the retailers licensed with this State relied upon the exemption statute for religious publications during this period and did not have an opportunity to pass the tax on to their customers; and

Whereas, in all fairness this State should forgive the indebtedness that was not paid by reason of the statute; and

Whereas, it is in the public interest to keep these businesses operating, creating jobs, and paying taxes. Now, therefore,/

Amend further by striking all after the enacting words and inserting:

/SECTION 1. The General Assembly hereby waives the sales and use tax indebtedness due this State with respect to sales and purchases of religious publications made through January 13, 1992, the date the South Carolina Supreme Court declared the statute to be unconstitutional.

SECTION 2. This joint resolution takes effect upon approval by the Governor./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE proposed the following amendment (RES1345.01), which was adopted:

Amend the joint resolution, as and if amended, page 1, by striking lines 11 through 15 and inserting the following:

/TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT./

Amend title to conform.

Senator Passailaigue explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.

The amendment proposed by the Committee on Fish, Game and Forestry (N057637.BD) was adopted as follows:

Amend the bill, as and if amended, Section 50-13-1116, SECTION 1, by striking the first sentence of the section and inserting:

/Notwithstanding any other provision provisions of law this title, nongame fishing devices as specified by items (1), (4), (5), (6), and (7) of in Section 50-13-1115(A)(1), (4), (5), and (6), must be marked with a floating marker with a minimum capacity of one pint and a maximum capacity of one gallon or equivalent size with the licensee's and must be made of solid, buoyant material which does not sink if punctured or cracked./

Amend title to conform.

Senator HOLLAND explained the amendment.

Senators HELMLY and DRUMMOND proposed the following amendment (N058082.BD), which was adopted:

Amend the bill, as and if amended, by striking Section 50-13-1180(F) and inserting:

/(F) Trotline hooks used in Lakes Marion and Moultrie must have a gap or clearance between point and shank no greater than seven-sixteenths inch./

Amend further by striking Section 50-13-1192(34)(b) and inserting:

/(b) trotlines: maximum two one thousand hooks maximum with commercial license. Hooks must have a gap or clearance between point and shank no greater than seven-sixteenths inch;/

Amend further by striking SECTION 9 and inserting:

/SECTION 9. This act takes effect July 1, 1993, except the amendment to Section 50-13-1116, Section 1, and Section 50-13-1180 adding (F) and (G), Section 6, take effect upon approval by the Governor./

Amend title to conform.

Senator LAND proposed the following amendment (JIC\6214.AC), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. Section 50-11-310(4) of the 1976 Code is amended to read:

"(4) In Game Zone 8, from September fifteenth first through January first."/

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

The following Bill and Joint Resolution having been read the second time were passed and ordered to a third reading:

H. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.

H. 4460 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE GOVERNOR'S TEACHING SCHOLARSHIP/LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 899 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.

On motion of Senator HINDS, the Bill was carried over.

S. 851 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO REVISE THE PENALTIES.

On motion of Senator PASSAILAIGUE, the Bill was carried over.

S. 933 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.

On motion of Senator HINDS, the Bill was carried over.

S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.

On motion of Senator HOLLAND, the Bill was carried over.

S. 899 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.

Senator HINDS asked unanimous consent to take the Bill up for immediate consideration. The question being the third reading of the Bill.

Having voted on the prevailing side, Senator HINDS moved that the vote whereby the Bill was carried over, be reconsidered.

The motion was adopted.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 871 -- Senators Pope, Williams, Waddell, Setzler, Bryan and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN FIVE YEARS AFTER THE PUBLIC ENTITY SEEKING TO RECOVER HAS COMPLETED THE ABATEMENT WORK OR DISCOVERED THE IDENTITY OF THE MANUFACTURER OF THE MATERIALS, WHICHEVER IS LATER, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

Senator SETZLER moved that the Bill be made a Special Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Fielding Gilbert
Hayes, R.W. Hinson Holland
Leventis Lourie Macaulay
McGill Mitchell Mullinax
Patterson Peeler Pope
Reese Saleeby Setzler
Shealy Smith, N.W.

Courson Courtney Drummond
Giese Leatherman Martschink
McConnell Moore O'Dell
Passailaigue Russell Smith, J.V.
Stilwell Thomas Wilson

Not having received the necessary vote, the motion to make S. 871 a Special Order, failed.

At 12:20 P.M., on motion of Senator PATTERSON, Senator MATTHEWS was granted a leave of absence for today.

At 12 :20 P.M., Senator LOURIE requested and was granted a leave of absence until 1:30 P.M.

S. 2 -- Senators Nell W. Smith, Setzler, Giese, Martschink, Mullinax and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A CERTAIN NURSE-STUDENT RATIO FOR VARIOUS SCHOOL YEARS AND TO PROVIDE FOR A SUPPLEMENTAL FUNDING PLAN FOR THE NURSE-STUDENT RATIO REQUIREMENTS.

Senator GIESE moved that the Bill be made a Special Order.

Senator GIESE explained the Bill.

Senator LEVENTIS, with unanimous consent, was recognized to make brief comments.

Senator GIESE made a Parliamentary Inquiry as to whether or not the motion was debatable.

The PRESIDENT stated that the motion was not debatable.

Senator LEVENTIS, with unanimous consent, was granted leave to make brief remarks.

Senator NELL W. SMITH, with unanimous consent, was granted leave to explain the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courtney Giese
Gilbert Hayes, R.W. Hinds
Hinson Holland Land
Leatherman Macaulay Martschink
McConnell McGill Mitchell
Moore Mullinax O'Dell
Patterson Peeler Reese
Russell Setzler Smith, N.W.
Washington Wilson

Drummond Helmly Leventis
Passailaigue Pope Saleeby
Shealy Smith, J.V. Stilwell
Thomas

The Bill was made a Special Order.

I voted not to set S. 2 for Special Order today, not because our schools do not need more nurses but because we do not have the millions of dollars needed to fund this Bill.

Also, I believe school buildings and textbooks are of higher priority than increasing the nurse-student ratio.

I missed voting on whether to place S. 871 on special order because I was appearing in Federal Court regarding reapportionment. However, had I been present, I would have voted not to set this Bill on special order.

On motion of Senator SETZLER, the Senate agreed to dispense with the remainder of the Motion Period.

Senator DRUMMOND, Chairman of the Finance Committee, was recognized for comments on the Ways and Means Committee Report on the General Appropriation Bill.

Senator PASSAILAIGUE, with unanimous consent, was recognized to make brief remarks.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator GIESE argued contra to the second reading of the Bill.

Senator GIESE proposed the following Amendment No. 4 (BR1\2237.AC), which was tabled:

Amend the resolution, as and if amended, Section 2, by deleting in the first sentence /State Board of Education/ and inserting /local school board/.

Renumber sections to conform.

Amend title to conform.

Senator GIESE argued in favor of the adoption of the amendment and Senator MITCHELL argued contra.

Senator GIESE moved that the amendment be adopted.

Senator MITCHELL moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael *Courson
Courtney Fielding *Gilbert
Hayes, R.W. Helmly Hinds
Hinson Land Leatherman
Macaulay Matthews McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Russell Setzler Smith, N.W.
Washington Wilson

Giese Leventis Martschink
McConnell Rose Shealy
Stilwell

*These Senators were not present in the chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Senator GIESE proposed the following Amendment No. 5 (RES4005.04), which was adopted:

Amend the resolution, as and if amended, SECTION 2, by adding at the end of the second sentence before the period /or may create substantial scheduling difficulties/.

Amend title to conform.

Senator GIESE argued in favor of the adoption of the amendment.

Senator GIESE moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

Senator LEVENTIS spoke in favor of the Bill.

Senator SHEALY argued contra to the adoption of the amendment proposed by the Committee on Finance.

Debate was interrupted by adjournment, Senator SHEALY retaining the floor.

At 1:13 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Tuesday, June 30, 2009 at 8:55 A.M.