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 the Prophet Isaiah (30:21):
"Thine ears shall hear a word behind thee, saying
`This is the way, walk you in it, when you turn
to the right hand or when you turn to the left'".
Let us pray.
Good Lord, as we continue to consider our problems, we pray that you will help us see our concerns in the perspective of the world view... and the long view... lest we become short sighted and provincial.
If we should feel that we are not making progress as fast as we should, help us to keep going in the right direction.
Grant that we neither forsake our ideals, nor become discouraged because we cannot achieve them quickly.
Equip us in mind... and nourish us in spirit... "To serve the present age".
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN 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
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 18, 1992
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Charleston County Voter Registration Board, with term to expire March 15, 1994:
Ms. Alice E. Mitchell, 2011 Savage Road, Charleston, South Carolina 29407
Reappointment, Member, Charleston County Voter Registration Board, with term to expire March 15, 1994:
Ms. Helen L. Hutchinson, 1026 Cliffwood Drive, Charleston, South Carolina 29464
Senator FIELDING introduced Dr. Gerald Wilson of Columbia, South Carolina, Doctor of the Day.
Senator MITCHELL rose to a Point of Personal Privilege.
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 Report of the Committee of Conference was taken up for immediate consideration.
On motion of Senator DRUMMOND, with unanimous consent, the Conference Committee Report (NO5\8235.BD) was adopted as follows:
The COMMITTEE OF CONFERENCE reports that it has considered H. 3775 and recommends:
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.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-13-1116 of the 1976 Code, as added by Act 477 of 1988, is amended to read:
"Section 50-13-1116. 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. The floating markers must be constructed of plastic, PVC spongex, plastic foam, or cork. No hollow buoys or floats including plastic, metal, or glass bottles or jugs may be used, except manufactured buoys or floats specifically designed for use with nongame fishing devices may be hollow if constructed of heavy duty plastic material and approved by the department. The floating markers must be colored white when used the first through the fifteenth each month and yellow when used the remainder of the month. The owner's name and address clearly must be marked clearly on each floating marker.
Nongame fishing devices as specified by item (2) of in Section 50-13-1115(A)(2) must have an identification tag bearing the owner's name and address attached to it."
SECTION 2. Section 50-13-1135 of the 1976 Code is amended to read:
"Section 50-13-1135. (A)(1) Any A person who takes nongame fish in the freshwaters of this State with the following nongame fishing devices shall be required to obtain and must have in possession a valid South Carolina state fishing license:
(a) bows and arrows;
(b) gigs;
(c) spears;
(d) tires;
(e) minnow seines;
(f) up to three trotlines one trotline with not more than one hundred fifty hooks on all lines; (g) three to fifty set hooks;
(h) three to fifty jugs;
(i) not more than two traps;
(j) not more than one hoop net;
(k) one gill net no not more than two hundred yards in length or no not more than five gill nets, none of which exceeds thirty yards in length;
(l) not more than one skimbow net;
(m) not more than two eel pots;
(n) not more than one seine.
(2) The A noncommercial fisherman shall purchase set hook or jug fishing permits and any tags which may be required by this article for any the particular device used. Such tags Tags and permits shall may be applied for on forms to be provided by the department. Such This fisherman shall comply with all other provisions of this article pertaining to the marking and use of nongame fishing devices.
(2)(B) Any A person who fishes for nongame fish in the freshwaters of this State by the use at any time of the following nongame fishing devices shall obtain and must have in possession a commercial freshwater fishing license:
(a)(1) two or more gill nets unless they are used as permitted by item (k) of subsection (A)(1)(k);
(b)(2) two or more hoop nets;
(c)(3) three or more traps;
(d)(4) trotlines a trotline with a combined total of one hundred fifty-one hooks or more;
(e)(5) three or more eel pots."
SECTION 3. Section 50-13-1145 of the 1976 Code is amended to read:
"Section 50-13-1145. Exclusive of strictly private ponds, no person shall may fish in any an individual freshwater lake or stream of this State with more than:
(1) fifty jugs;
(2) one skimbow net;
(3) fifty set hooks;
(4) fifty hoop nets;
(5) fifty traps;
(6) two thousand five hundred trotline hooks."
SECTION 4. Section 50-13-1150 of the 1976 Code is amended to read:
"Section 50-13-1150. (A) Any A person who has been a resident of this State continuously for at least twelve months may apply on forms to be furnished by the department for a commercial freshwater fishing license. Upon proof satisfactory to the department of his residency, he shall upon and payment of an annual fee of fifty dollars, he must be issued a resident commercial freshwater fishing license.
(B) A nonresident person, which shall include, including a person who has not been a resident of this State continuously for at least twelve months prior to before his application, may apply on forms to be furnished by the department for a nonresident commercial freshwater fishing license and, upon. Upon approval of the application by the department and the payment of an annual fee of five hundred one thousand dollars, shall he must be issued such the license."
SECTION 5. Section 50-13-1155 of the 1976 Code is amended to read:
"Section 50-13-1155. (A)(1) In addition to the licenses and permits required by Sections 50-13-1135 and 50-13-1150, any a person fishing with, or in possession of, nongame fishing devices or gear in the freshwaters of this State shall purchase a tag or permit for each such device as follows:
(1)(a) a tag for each gill net at five dollars per a tag;
(2)(b) a tag for each hoop net at ten dollars per a tag;
(3)(c) a tag for each trap at five dollars per a tag;
(4)(d) a tag for each eel pot at five dollars per a tag;
(5)(e) a tag for each a trotline with fifty hooks or less at two dollars fifty cents per a tag;
(6)(f) a permit for the use of fifty set hooks or less at five dollars per a permit;
(7)(g) a permit for the use of fifty jugs or less at five dollars per a permit.
(2) The cost of the tags and permits in item (1) applies to residents. The cost of each tag and permit for nonresidents is fifty dollars.
(B) Each tag issued pursuant to this section shall must be attached at all times to the device for which it was issued and each. Each permit and tag identification receipt shall must be kept on the person to whom it was issued while such the person is in possession of or using nongame fishing devices.
(C) A fee of one dollar shall must be paid for replacement of any a tag or permit issued pursuant to this section which is lost or destroyed.
(D) A person sixty-five years of age or older and minors under the age of sixteen years of age are not required to purchase a permit to comply with item (6) of this section subsection (A)(1)(f) but a tag with the person's name, address, and age must be attached to the device.
(E) As used in this section, nonresident is defined as in Section 50-13-1150."
SECTION 6. Section 50-13-1180 of the 1976 Code is amended to read:
"Section 50-13-1180. (A) No more than five hundred hooks shall may be attached to a single trotline. No A trotline shall must not be attached in any manner to another trotline or to the support or float of another trotline.
(B) During the period April first to October first, no a trotline shall be is not permitted in any waters in this State from one hour after official sunrise to one hour before official sunset unless the trotline is sunk to the bottom or to a minimum depth of four feet below the water surface. During the period October second to March thirty-first trotlines may be left in the water twenty-four hours per a day at any depth.
(C) No A trotline shall must not be placed within one hundred feet of the mouth of any a tributary stream.
(D) No A trotline shall may not remain in any the waters of this State more than twenty-four hours without inspection and removal of the fish taken thereon on it.
(E) No A trotline shall must not be placed within two hundred yards of any a permanent man-made structure on Lakes Marion and Moultrie nor placed anywhere in the diversion canal connecting Lakes Marion and Moultrie.
(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.
(G) Stainless steel hooks must not be used on a trotline."
SECTION 7. Section 50-13-1192 of the 1976 Code is amended to read:
"Section 50-13-1192. Bows and arrows, gigs, spears, tires, cast nets, and minnow seines may be used in any of the freshwaters except in the lakes owned or managed by the department. Notwithstanding any other provision provisions of this article, it shall be is unlawful to use or possess any a nongame fishing device or gear or the number not authorized by this section for a particular body of water. Nongame fishing devices, with the exception of the above except as provided in this section, may must not be used in any body of freshwater including tributaries of rivers or creeks unless listed and regulated as indicated below:
(1) Ashepoo River:
(a) set hooks: fifty maximum per for each license holder;
(b) eel pots: no limit;
(2) Ashley River:
(a) set hooks: fifty maximum per for each license holder;
(b) eel pots: no limit;
(3) Black Creek:; Darlington, Florence, and Chesterfield counties (includes including Lakes Robinson and Prestwood):
(a) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum per for each license holder;
(4) Black River:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(c) trotlines: fifty hooks maximum for each license holder;
(5) Broad River:, includes the waters from the North Carolina state line to the confluence of the Broad and Saluda Rivers:
(a) traps: five per for each license holder;
(b) trotlines: one hundred fifty maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines from Highway 34 Bridge up: one per for each license holder;
(6) Bull Creek:; Horry and Georgetown counties:
(a) trotlines: One hundred fifty hooks maximum (three-line maximum per license holder);
(b) gill nets: nongame nets in season;
(c) eel pots: no limit;
(d) traps: fifty maximum with commercial license;
(7) Buffalo Creek: seines: one per for each license holder;
(8) Bush River:, (Laurens County): seines: one per for each license holder;
(9) Combahee River:
(a) set hooks: maximum fifty per for each license holder;
(b) eel pots: no limit;
(10) Congaree River:, includes the waters from the Gervais Street Bridge in Columbia to the confluence of the Congaree and Wateree Rivers:
(a) traps: fifty maximum with commercial license;
(b) trotlines: two thousand five hundred hooks maximum with commercial license;
(c) hoop nets: fifty maximum with commercial license.;
(11) Cooper River:
(a) traps: fifty maximum with commercial license and (not allowed upstream from Wadboo Creek);
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder,. No trotlines permitted upstream from Wadboo Creek);
(c) fyke nets: as allowed for eel fishing by regulation;
(d) set hooks: fifty maximum per for each license holder, and (no set hooks permitted upstream from Wadboo Creek);
(e) eel pots: no limit and (not allowed upstream from Wadboo Creek);
(f) pump nets: no limit;
(12) Coosawhatchie and Tullifinny Rivers: set hooks: maximum fifty per maximum for each license holder;
(13) Mallard's Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(14) Mims Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(15) Shuler Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(16) Woods Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(17) Bridge Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(18) Little Pond Lake:, Dorchester County waters;
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(19) Steed's Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(20) John's Hole Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(21) Rock's Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(22) Mouth of Four Holes Lake:, Dorchester County waters:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(23) Durbin Creek: seines: one per for each license holder;
(24) Edisto River:
(a) set hooks: fifty maximum per for each license holder;
(b) eel pots: no limit;
(25) Enoree River:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty maximum (three-line maximum) per for each license holder;
(c) set hooks: fifty per for each license holder;
(d) seines: one per for each license holder (from Southern Railroad in Greenville County down);
(26) Great Pee Dee River:, includes the waters from I-95 to the North Carolina state line;
(a) traps: maximum fifty maximum allowed with commercial license;
(b) trotlines maximum two thousand: five hundred maximum hooks with commercial license;
(c) gill nets: nongame nets allowed in season;
(d) set hooks: fifty maximum per for each license holder;
(e) hoop nets: maximum fifty maximum with commercial license (north of S.C. 34 only).;
(27) Great Pee Dee River:, includes the water from I-95 to the saltwater-freshwater line:
(a) gill nets: nongame nets in season;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) set hooks: fifty maximum per for each license holder;
(d) eel pots: below Highway 701 bridge only, no limit;
(e) traps: maximum fifty maximum allowed with commercial license;
(28) Jefferies Creek, (Florence County):
(a) gill nets: nongame nets in season;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(29) Lake Clark Hill J. Strom Thurmond and Stevens Creek:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) jugs: maximum fifty per maximum for each license holder;
(30) Lake Greenwood:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) jugs: Maximum fifty per maximum for each license holder;
(31) Lake Hartwell:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(32) Lake Jocassee: nongame devices prohibited;
(33) Lake Keowee:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(34) Lake Lakes Marion and Moultrie:, the waters lying between the confluence of the Wateree and Congaree Rivers, and the back waters of Lake Marion shall be are considered a part of Lake Marion:
(a) traps: maximum fifty maximum with commercial license;
(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;
(35) Lake Murray:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(36) Lake Richard B. Russell:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) jugs: maximum fifty per maximum for each license holder;
(37) Lake Secession:
(a) traps: maximum two per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) jugs: maximum fifty per maximum for each license holder;
(38) Lake Wateree:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(39) Catawba River:, includes the waters from the Lake Wylie Dam to the backwaters of Lake Wateree, including all reservoirs:
(a) traps: maximum two per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder, (York County only);
(40) Lake Wylie:
(a) traps: maximum five per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(41) Little River: seines: one per for each license holder (from Mars Bridge in McCormick County up);
(42) Little Pee Dee River:
(a) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(b) gill nets: nongame nets allowed in season;
(c) set hooks: fifty maximum per for each license holder;
(43) Log Creek:, (Edgefield County): seines: one per for each license holder;
(44) Long Cane Creek:, (above Patterson Bridge): seines: one per for each license holder;
(45) Louder's Lake:, Darlington County:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(46) Lumber River:
(a) trotlines: One hundred fifty hooks maximum (three-line maximum);
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum per for each license holder;
(47) Lynches River:
(a) trotlines: One hundred fifty hooks maximum per for each license holder (three-line maximum);
(b) gill nets: nongame nets allowed in season;
(c) set hooks: fifty maximum per for each license holder;
(48) Mulberry Creek:, (Greenwood County): seines: one per for each license holder;
(49) New River: set hooks: fifty maximum per for each license holder;
(50) Old River:
(a) set hooks: fifty maximum per for each license holder;
(b) trotlines: One hundred fifty hooks (three-line maximum per for each license holder);
(51) Pacolet River:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder;
(52) Rabon Creek:, (Laurens County): seines: one per for each license holder;
(53) Redbank Creek:, (Saluda County west of Highway 121): seines: one per for each license holder;
(54) Reedy River:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder (from Southern Railroad in Greenville County down);
(55) Rocky River:, (Anderson County): seines: one per for each license holder;
(56) Salkehatchie River: set hooks: fifty maximum per for each license holder;
(57) Saluda River:, includes the waters from the Southern Railroad Trestle in Greenville County to the backwaters of Lake Greenwood and the waters from the Lake Greenwood Dam to the backwaters of Lake Murray:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder, (in Anderson, Laurens, and Greenville counties only, except in Anderson County seines may be used in the river tributaries);
(58) Saluda River:, includes the waters from the Lake Murray Dam to the Gervais Street Bridge in Columbia:
(a) traps: two per for each license holder;
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(59) Sampit River:
(a) gill nets: nongame nets in season;
(b) traps: fifty maximum with commercial license;
(c) set hooks: fifty maximum per for each license holder;
(60) Santee River:, downstream from Wilson Dam on Lake Marion: note that, and the waters lying between the confluence of the Wateree and Congaree Rivers and Lake Marion are considered a part of Lake Marion:
(a) traps: fifty maximum with commercial license;
(b) trotlines: One hundred fifty hooks maximum, (three-line maximum per for each license holder);
(c) No nongame gear: not allowed, (except skimbow nets allowed upstream of U.S. Geological Survey Gauging Station No. 1715 which is approximately 2.4 miles below Santee Dam);
(d) eel pots: no limit;
(61) Savannah River: below Stevens Creek Dam:
(a) traps: fifty maximum with commercial license;
(b) hoop nets: fifty maximum with commercial license;
(c) set hooks: fifty maximum per for each license holder;
(d) gill nets: nongame nets in season;
(e) trotlines: two thousand five hundred maximum hooks with commercial license;
(f) eel pots: no limit;
(62) Stevens Creek:, (above Clark's Hill Bridge): seines: one per for each license holder;
(63) Thickly Creek:, (Cherokee County): seines: one per for each license holder;
(64) Turkey Creek:, (Edgefield and Greenwood counties): seines: one per for each license holder;
(65) Twelve Mile Creek:
(a) traps: maximum two per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum per for each license holder, (three-line maximum);
(c) set hooks: fifty maximum per for each license holder;
(66) Tyger River:
(a) traps: maximum two per maximum for each license holder;
(b) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(c) set hooks: fifty maximum per for each license holder;
(d) seines: one per for each license holder;
(67) Waccamaw River:
(a) trotlines: One hundred fifty hooks maximum (three-line maximum per for each license holder);
(b) gill nets: nongame nets in season;
(c) set hooks: fifty maximum per for each license holder;
(d) eel pots, below the junction of Big Bull Creek: (no limit);
(68) Warrior Creek:, (Laurens County): seines: one per for each license holder;
(69) Wateree River:
(a) traps: fifty maximum with commercial license;
(b) trotlines: two thousand five hundred hooks maximum with commercial license.;
(c) set hooks: fifty maximum per for each license holder;
(d) hoop nets: fifty maximum with commercial license;
(70) Wilson Creek:, (Greenwood County): seines: one per for each license holder (one mile above the back waters of Greenwood up)."
SECTION 8. Section 50-13-1195 of the 1976 Code is amended to read:
"Section 50-13-1195. Any A person violating any of the provisions of this article or any regulations adopted and promulgated under its authority of this article shall be deemed is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned not more than thirty days. In addition to that penalty, the court may require the person to forfeit for one year tags and permits purchased pursuant to Section 50-13-1155 and may provide for his ineligibility for other tags and permits for that year."
SECTION 9. 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."
SECTION 10. 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.
/s/Senator John Drummond /s/Rep. L. Edward Bennett
/s/Senator R. L. Helmly /s/Rep. Thomas N. Rhoad
Senator John C. Land, III /s/Rep. Dewitt Williams
On Part of the Senate. On Part of the House.
and a message was sent to the House accordingly.
S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
The House returned the Bill with amendments.
Senators McCONNELL, MARTSCHINK and PASSAILAIGUE spoke on the House amendments.
Senator MARTSCHINK asked unanimous consent to amend the House amendments.
There was no objection.
Senator MARTSCHINK proposed the following amendment (RES1114.01), which was adopted:
Amend the bill, as and if amended, page 3, line 6, by inserting after the word /event,/ the words /if a contingency plan for vehicular traffic can be developed,/.
Amend title to conform.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
The following were introduced:
S. 1408 -- Senators Mullinax and O'Dell: A CONCURRENT RESOLUTION TO CONGRATULATE TROOPER FIRST CLASS JAMES KEITH CHASTAIN ON BEING SELECTED THE "1991 SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR".
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1409 -- Senator Matthews: A SENATE RESOLUTION RECOGNIZING AND COMMENDING COACH MICHAEL BAYNE OF DENMARK-OLAR HIGH SCHOOL FOR HIS OUTSTANDING ACCOMPLISHMENTS AS A HEAD COACH IN MANY SPORTS.
The Senate Resolution was adopted.
S. 1410 -- Senators Mullinax and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON EAST QUEEN STREET IN PENDLETON IN ANDERSON COUNTY AS THE DEXTER GOSSETT MEMORIAL BRIDGE.
Whereas, Dexter Gossett of Pendleton serves as mayor from 1958 to 1965 and again from 1971 to 1975; and
Whereas, Mr. Gossett also was the field man for the Anderson County Auditor's office for eleven years and was also a former town councilman; and
Whereas, during Mr. Gossett's administration as mayor of Pendleton, the city had many improvements including a sewer system, a town hall, a new post office with city delivery, extended water lines, and improved athletic facilities; and
Whereas, Mr. Gossett fought to improve the conditions for the citizens of Pendleton; and
Whereas, Mr. Gossett died on February 14, 1992.; and
Whereas, it is appropriate that this distinguished gentleman be commemorated by a memorial bridge. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the South Carolina Department of Highways and Public Transportation to designate and name the bridge on East Queen Street in Pendleton in Anderson County as the Dexter Gossett Memorial Bridge.
Be it further resolved that a copy o this resolution be forwarded to his widow, Elizabeth Lawton Gossett and to the South Carolina Department of Highways and Public Transportation.
Referred to the Committee on Transportation.
S. 1411 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.
Read the first time and referred to the Committee on Judiciary.
S. 1412 -- Senators Wilson, Thomas, Giese and Bryan: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE BUTTS.
Read the first time and referred to the Committee on Judiciary.
S. 1413 -- Senator Nell W. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT, WHEN A PERSON COMMITS RECKLESS HOMICIDE OR CERTAIN OTHER DRUG AND ALCOHOL RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, TO PROVIDE THAT THE ARRESTING OFFICER SHALL PROCEED WITH CERTAIN PROCEDURES RELATED TO TEMPORARY SUPERVISION IN EMERGENCY PROTECTIVE CUSTODY, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO OTHER OFFENSES.
Read the first time and referred to the Committee on Judiciary.
S. 1414 -- Senators Passailaigue, Rose, Helmly, Washington, Martschink, McConnell and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 13, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, SO AS TO CREATE THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, AND TO DEFINE ITS MEMBERSHIP, POWERS, AND DUTIES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1415 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, 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. 1416 -- Senators Rose and Courson: A BILL TO AMEND SECTION 59-31-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO CONDEMN OR DISAPPROVE ANY SCHOOL TEXTBOOK CONTAINING ANY KNOWN FACTUAL OR GRAMMATICAL ERROR; TO AMEND SECTION 59-31-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS WITH PUBLISHERS AND DISTRIBUTORS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO PROVIDE THAT A CONTRACT MUST INCLUDE THE REQUIREMENT THAT ALL TEXTBOOKS RENTED OR PURCHASED BY THE STATE BE FREE OF ANY FACTUAL OR GRAMMATICAL ERROR; THAT THE PUBLISHER BE REQUIRED TO SIGN A CERTIFICATE OF ACCURACY GUARANTEEING THAT EACH TEXTBOOK IS FREE OF ANY FACTUAL OR GRAMMATICAL ERROR; THAT ANY PUBLISHER OR DISTRIBUTOR PROVIDING A TEXTBOOK CONTAINING A FACTUAL OR GRAMMATICAL ERROR BE ASSESSED A FINE OR LIQUIDATED DAMAGES OF ONE HUNDRED THOUSAND DOLLARS AND BE PROHIBITED FROM SELLING OR RENTING A TEXTBOOK TO THE STATE FOR A PERIOD OF TWO YEARS; TO AMEND SECTION 59-31-600 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR TEXTBOOK ADOPTION, SO AS TO PROVIDE THAT THE TEXTBOOK EVALUATING AND RATING COMMITTEE BE MADE UP OF AT LEAST EIGHTY PERCENT NON-EDUCATORS WITH EXPERTISE IN AREAS UNDER CONSIDERATION; THAT THE TEXTBOOK EVALUATING AND RATING COMMITTEE SHALL INCLUDE IN ITS RATING AND EVALUATION CRITERIA CONSIDERATIONS FOR ACCURACY OF FACTS AND GRAMMAR, SATISFACTION OF STATE MANDATES FOR GRADUATION CRITERIA, SUPPORT FOR THE FREE ENTERPRISE SYSTEM, DEMONSTRATION OF THE BENEFITS OF FREE ENTERPRISE IN THE UNITED STATES, COMMUNICATIONS THROUGH TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS OF THE BENEFITS OF REPRESENTATIVE DEMOCRACY, INDIVIDUAL LIBERTY, PERSONAL RESPONSIBILITY, ECONOMIC AND POLITICAL FREEDOM, AND OTHER TRADITIONAL VALUES AND PRINCIPALS OF WESTERN CIVILIZATION AND AMERICAN SOCIETY ESPOUSED IN THE UNITED STATES DECLARATION OF INDEPENDENCE AND EMBODIED IN THE UNITED STATES CONSTITUTION, AND GIVE THE HIGHEST WEIGHT IN CHOOSING BOOKS TO THE ACCURACY OF FACTS PRESENTED IN THE MATERIALS; THAT THE CURRICULUM STAFF AT THE DEPARTMENT OF EDUCATION SHALL BE RESPONSIBLE FOR MONITORING THE WORK OF THE TEXTBOOK EVALUATING AND RATING COMMITTEE TO ENSURE THAT HIGH QUALITY ACCURATE TEXTBOOKS ARE RECOMMENDED; THAT EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION WHO ARE CHARGED WITH OVERSEEING THE TEXTBOOK SELECTION PROCESS HOLD CURRENT TEACHER CERTIFICATES IN AREAS UNDER THEIR JURISDICTION; TO PROHIBIT PERSONS FROM SERVING ON THE TEXTBOOK SELECTION OR REVIEW COMMITTEE IF SUCH PERSON IS RECEIVING COMPENSATION FROM, EITHER DIRECTLY OR INDIRECTLY, OR IS A CURRENT EMPLOYEE, OR HAS BEEN AN EMPLOYEE OF A TEXTBOOK PUBLISHING OR DISTRIBUTION COMPANY WITHIN THE PAST FIVE YEARS; TO REQUIRE THAT ANY STAFF MEMBER AT THE STATE DEPARTMENT OF EDUCATION WHO HAS BEEN AN EMPLOYEE OF A TEXTBOOK PUBLISHING COMPANY WITHIN THE PAST FIVE YEARS RECUSE HIMSELF FROM THE SELECTION PROCESS OF BOOKS; TO PROHIBIT ACCEPTANCE OR SOLICITATION BY ANY STATE EMPLOYEE, OR OFFERING OR PROVIDING TO A STATE EMPLOYEE, ANYTHING OF VALUE BY A PUBLISHER OR SUPPLIER OF SCHOOL TEXTBOOKS OR INSTRUCTIONAL MATERIALS; AND TO AMEND CHAPTER 31, TITLE 59 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 59-31-700, SO AS TO PROVIDE THAT PROPOSED TEXTBOOKS BE PLACED ON PUBLIC DISPLAY FOR A PERIOD OF SIXTY DAYS IN EACH OF THE NINETY-ONE SCHOOL DISTRICT OFFICES WITH NOTICE TO THE PUBLIC IN PAID ADVERTISEMENT IN LOCAL NEWSPAPERS PRIOR TO ANY FINAL ADOPTION BY THE STATE BOARD OF EDUCATION.
Read the first time and referred to the Committee on Education.
H. 4558 -- Rep. Sheheen: A JOINT RESOLUTION TO PROVIDE THAT CANDIDATES FOR SCHOOL BOARD IN KERSHAW COUNTY, FOR 1992 ONLY, SHALL FILE FOR THE OFFICE BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH, TO PROVIDE AN EXCEPTION IN THE CASE OF EARLIER FILINGS IN ACCORDANCE WITH OTHERWISE APPLICABLE PROVISIONS OF LAW, AND TO PROVIDE THAT THE DATE OF THE INITIAL ELECTION IS THE FOURTH TUESDAY IN AUGUST.
Read the first time and ordered placed on the local and uncontested calendar without reference.
On motion of Senator HOLLAND, with unanimous consent, H. 4558 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
S. 1407 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A CONCURRENT RESOLUTION DECLARING TUESDAY, MARCH 24, 1992, AS SOUTH CAROLINA STATE UNIVERSITY DAY.
Senator COURSON asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
H. 3885 -- Rep. J. Bailey: A BILL TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:
H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
H. 4115 -- Reps. Phillips and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE AND LOCAL FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.
Ordered for consideration tomorrow.
S. 1397 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILEY KOON, SR.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1153 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 38-77-30(1), RELATING TO AUTOMOBILE INSURANCE DEFINITIONS, SO AS TO INCLUDE A NON-OWNER INSURANCE POLICY WITHIN THE DEFINITION OF AUTOMOBILE INSURANCE.
S. 1390 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.
S. 1401 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO PROVIDE FOR NOTICE OF A HEARING ON A REGULATION IN THE STATE REGISTER AND TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.
S. 1300 -- Senators McConnell, Stilwell, Rose, Moore, Leventis, Bryan, Robert W. Hayes, Jr., Courtney and Wilson: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.
Senator STILWELL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 4546 -- Rep. Wilkes: A BILL TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.
On motion of Senator MARTIN, H. 4546 was ordered to receive a third reading on Friday, March 20, 1992.
H. 4427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RULES OF PROFESSIONAL CONDUCT, ORGANIZATION, GENERAL PROVISIONS, AND UNDERSTANDINGS WITH OTHER BOARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1442, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1097 -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-142, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN, SO AS TO AUTHORIZE COVERAGE FOR ALCOHOL AND DRUG ABUSE PLANNING AGENCIES.
S. 860 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 39 SO AS TO ENACT THE UNIFORM TRADE SECRETS ACT.
S. 1402 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 23-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY INSURANCE FOR LICENSED FIRE PROTECTION SPRINKLER CONTRACTORS, SO AS TO DEFINE THE TERM "AUTHORIZED" AS IT RELATES TO THIS SECTION.
S. 1403 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE PORT OF CHARLESTON, RELATING TO HARBOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1404 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO ROOFING LICENSE/LATE RENEWAL PENALTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1413, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO FAILURE OF EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1406 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO EXAMINATIONS, RECIPROCITY CERTIFICATES, FEES, AND ACCOUNTING PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1415, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1248 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD1248.004) was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 31, by striking the bill in its entirety and inserting therein the following:
/SECTION 1. Section 27-21-20 of the 1976 Code is amended to read:
"Section 27-21-20. (A) If property has been recovered by a sheriff of a county or chief of police of a municipality and ownership is ascertained:
(1) The sheriff or chief of police shall notify the owner no later than ten working days after a recovery that the property has been recovered and may be reclaimed.
(2) An owner of the property must be notified by certified mail that his property has been recovered. The notice must contain a list of the specific items. An owner has sixty calendar days in which to claim the property. The notice also must include a statement that, if the property is not claimed within sixty calendar days, the property will be sold at public auction to the highest bidder.
(B) The sheriff of any a county or chief of police of a municipality may sell at public auction any recovered stolen or abandoned property, and any property which has been abandoned within the county after he has held it for one hundred eighty days and declared it abandoned by the jurisdiction, when the true owner cannot be ascertained after reasonable effort. The sheriff or chief of police shall make a diligent effort to ascertain the true owner of such the property and at least twice prior to before the sale shall advertise the property with its full description in a newspaper having general circulation in the county or municipality having jurisdiction of the property and post the advertisement in the sheriff's office or the police department and at the courthouse. At any time after sixty thirty days shall have elapsed after publication of the first second advertisement, the sheriff or chief of police may sell to the highest bidder at a place designated by the sheriff or chief of police the abandoned or recovered stolen property as advertised at public auction on the courthouse steps, or at such other public location within the county as the property is located or can be exhibited safely, provided that the other location is properly specified in the notice of sale. The sheriff or chief of police shall turn over all proceeds of the sale, less necessary expenses of the sale, to the county or municipal treasurer who shall pay any debts incurred in holding the sale and shall then place the final proceeds who shall place such sums in a special fund.
(C) If after diligent efforts the owner of the property cannot be ascertained or if the property is not reclaimed or sold at public auction, the sheriff of a county or chief of police of a municipality may dispose of any recovered stolen or abandoned property as provided in this subsection.
(1) Property that is not suitable for sale, including, but not limited to, clothing, food, prescription drugs, weapons, household cleaning products, chemicals, or items that appear nonusable, including, but not limited to:
(a) electric components that appear to have been skeletonized, where parts have been removed and are no longer in working order; or
(b) items that have been broken up and only pieces exist
may be destroyed by the jurisdiction holding the property.
(2) The sheriff or chief of police may use any property recovered by his jurisdiction if the property is placed on the jurisdiction's inventory as property of the jurisdiction.
(3) The sheriff or chief of police, with the consent of the appropriate governing body, may turn over to any organization exempt from tax under Section 501(c)3 of the Internal Revenue Code of 1986, items of abandoned or recovered property that may be used for the betterment of that organization. However, the accrued value of the items given to an individual organization as provided above by a sheriff or chief of police shall not exceed a value of one thousand dollars in the respective government entity's fiscal year.
(D) A jurisdiction recovering property pursuant to the provisions of this section shall maintain a permanent record of all property recovered and its disposition."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator ROBERT W. HAYES, JR. explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1354 -- Senators Rose and Courtney: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE PRIVILEGE OF SPOUSAL COMMUNICATION SHALL NOT APPLY TO CASES IN WHICH ONE OF THE SPOUSES IS A DEFENDANT IN A CRIMINAL CASE INVOLVING THE MURDER OF A MINOR.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator ROSE proposed the following amendment (RES1354.01), which was adopted:
Amend the bill, as and if amended, page 1, on lines 43 and 44, by striking /attempting to commit a lewd act upon a minor or murder of a minor/ and inserting in lieu thereof the following:
/attempting attempt to commit a lewd act upon a minor or the death or physical abuse of a minor/
Amend title to conform.
Senator ROSE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator ROSE, with unanimous consent, S. 1354 was ordered to receive a third reading on Friday, March 20, 1992.
H. 4544 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 3-9, 1992, AS "NEWBERRY COUNTY JUNIOR SCHOLARSHIP PAGEANT WEEK" IN NEWBERRY COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
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.
On motion of Senator SETZLER, the Bill was carried over.
H. 4248 -- Reps. Wright and Riser: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.
On motion of Senator GIESE, the Bill was carried over.
H. 4418 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.
On motion of Senator POPE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
On motion of Senator LEATHERMAN, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment (RES3127.01) proposed by Senator PASSAILAIGUE and previously printed in the Journal of Tuesday, March 17, 1992.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
On motion of Senator LEATHERMAN, with unanimous consent, the amendment was carried over.
Senator PASSAILAIGUE proposed the following Amendment No. 2 (RES3127.02):
Amend the joint resolution, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION . It is proposed that Section 2, Article III of the Constitution of this State be amended to read:
"Section 2. The Beginning in 1992, the House of Representatives shall be composed of members chosen by ballot every second fourth year by citizens of this State, qualified as in this Constitution is provided. No person elected Representative may succeed himself after three consecutive terms but shall be re-eligible. The limitation on the number of terms served shall not apply to members serving at the conclusion of the 109th South Carolina General Assembly who are re-elected to serve in the 110th South Carolina General Assembly unless they are unseated."
SECTION . It is proposed that Section 6, Article III of the Constitution of this State be amended to read:
"Section 6. The Beginning in 1992, the Senate shall be composed of one member from each county district, to be elected for the term of four six years by qualified electors in each county district, in the same manner in which members of the House of Representatives are chosen. No person elected Senator may succeed himself after two consecutive terms but shall be re-eligible. The limitation on the number of terms served shall not apply to members serving at the conclusion of the 109th South Carolina General Assembly who are re-elected to serve in the 110th South Carolina General Assembly unless they are unseated."
SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed on the ballot:
"Shall Sections 2 and 6, Article III of the Constitution of this State be amended so as to provide that a person elected to the House of Representatives, beginning in 1992, serve four-year terms and to further provide that such members shall not serve more than three consecutive terms, but shall be re-eligible, to provide that such limitation shall not apply to members serving at the conclusion of the 109th South Carolina General Assembly who are re-elected to serve in the 110th South Carolina General Assembly unless they are unseated; to provide that a person elected to the Senate, beginning in 1992, shall serve a term of six years, to provide that no person elected Senator may succeed himself after two consecutive terms but shall be re-eligible, to provide that such limitation shall not apply to members serving at the conclusion of the 109th South Carolina General Assembly who are re-elected to serve in the 110th South Carolina General Assembly unless they are unseated?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION . It is proposed that Section 3, Article IV of the Constitution of this State be amended to read:
"Section 3. The Beginning in 1994, the Governor shall be elected by qualified voters of the State at the regular election every other even-numbered year after 1970 six years. No person shall be elected Governor for more than two successive terms may succeed himself in the office but shall be re-eligible."
SECTION . It is proposed that Section 4, Article IV of the Constitution of this State be amended to read:
"Section 4. The term of office of the Governor shall be four six years, commencing in 1994, beginning at noon on the first Wednesday following the second Tuesday in January next after his election and ending at noon on the first Wednesday following the second Tuesday in January four six years later."
SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written thereon:
"Shall Sections 3 and 4 of Article IV of the Constitution of this State be amended so as to provide that beginning in 1994 the person elected Governor shall not succeed himself in the office but shall be re-eligible, to provide that beginning in 1994, the term of the office of Governor shall be for six years?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
On motion of Senator McCONNELL, with unanimous consent, Senator PASSAILAIGUE retaining the floor, the Joint Resolution was carried over.
Senator McCONNELL, with unanimous consent, was granted leave to address remarks to the body regarding H. 4500.
Senator DRUMMOND, with unanimous consent, was granted leave to address remarks to the body regarding H. 4500.
Senator THOMAS made a Parliamentary Inquiry as to the status of H. 4500.
Senator DRUMMOND made a motion that the Clerk be directed to return the Bill, H. 4500, to the House.
Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as the Senate had voted to decline consideration of the Bill on first reading and until the Senate voted to reconsider, the Bill was not before the Senate for consideration.
Senator ROBERT W. HAYES, JR. asked unanimous consent to make a motion that the Senate stand adjourned.
Senator McCONNELL objected.
Senator DRUMMOND requested the Clerk to return the Bill, H. 4500, to the House.
Senator LOURIE objected.
Senator LOURIE withdrew his objection.
Senator WILLIAMS moved that when the Senate adjourns on Friday, March 20, 1992, it stand adjourned to meet next Tuesday, March 24, 1992, at 12:00 Noon.
Senator WILLIAMS moved that the Senate stand adjourned.
Senator WILLIAMS withdrew his motion to adjourn.
Senator SETZLER, with unanimous consent, was granted leave to address remarks to the body regarding H. 4500.
Senator LEVENTIS, with unanimous consent, was granted leave to address remarks to the body regarding H. 4500.
Senator MACAULAY, with unanimous consent, was granted leave to address remarks to the body regarding H. 4500.
Senator MACAULAY moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond
Hayes, R.W. Helmly Hinson
Leatherman Leventis Macaulay
Martschink Matthews McConnell
Mitchell Mullinax O'Dell
Passailaigue Peeler Pope
Shealy Stilwell Thomas
Wilson
Carmichael Courson Fielding
Giese Gilbert Holland
Land McGill Moore
Reese Rose Russell
Smith, N.W. Washington Williams
Lourie
Senator WILLIAMS moved that when the Senate adjourns on Friday, March 20, 1992, it stand adjourned to meet on Tuesday, March 24, 1992, at 12:00 Noon, which motion was adopted.
At 1:47 P.M., on motion of Senator MACAULAY, the Senate adjourned to meet tomorrow at 11:00 A.M.
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