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 words recorded in the ancient Book of Deuteronomy, Chapter 8(v. 5):
"Know then in your heart that as a man disciplines
his son, the Lord your God disciplines you."
Let us pray.
Dear Lord and Father of us all, we know that the root meaning of the word "discipline" is "to teach".
When the tough days come... and in this life how frequently they do come! Help us to benefit by learning from each battle how to plan for the next.
Lord of the Nations, as we remember today, the 137th anniversary of the surrender of General Lee at Appomattox Court House, we thank You for the healing that has taken place in our country and pray that such a conflict will never happen again.
Give, we pray, to all that are today bearing heavy burdens, the uplift that comes with the knowledge that beneath the burden of their cross walks also the humble Galilean.
May we, in these days, feel that our weak hands are strengthened by the strong hands that bore the marks of the nail prints... and who shed the blood of sacrifice... in whose name we pray.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., April 1, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House
On motion of Senator POPE, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators POPE, BRYAN and RUSSELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Senator HINDS asked unanimous consent to make a motion that the Senate go into Executive Session prior to adjournment.
Senator ROSE objected.
Senator LAND introduced Dr. Clarence Coker of Manning, South Carolina, Doctor of the Day.
At 11:30 A.M., Senator O'DELL requested and was granted a leave of absence until Wednesday, April 15, 1992.
Senator SHEALY rose to a Point of Personal Privilege.
Senator POPE, Chairman of the Joint Legislative Committee on Judicial Screening, with unanimous consent, addressed the Senate.
The following were introduced:
S. 1461 -- Senator Patterson: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY AT AUCTION FOR THE PAYMENT OF DELINQUENT TAXES, SO AS TO PROVIDE THAT REAL ESTATE MAY NOT BE ADVERTISED OR SOLD FOR DELINQUENT TAXES BEFORE THE ONE-YEAR ANNIVERSARY OF THE FIRST PENALTY DATE FOR THE TAX YEAR FOR WHICH THE DELINQUENT TAXES ARE DUE.
Read the first time and referred to the Committee on Finance.
S. 1462 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-385 SO AS TO IMPOSE AN ADDITIONAL DOCUMENTARY STAMP TAX ON DEEDS CONVEYING REAL ESTATE EQUAL TO TEN CENTS FOR EACH FIVE HUNDRED DOLLARS OR FRACTION OF FIVE HUNDRED DOLLARS OF THE VALUE OF THE PROPERTY AND TO PROVIDE THAT THE REVENUE FROM THE ADDITIONAL TAX MUST BE CREDITED TO THE HERITAGE LAND TRUST FUND.
Read the first time and referred to the Committee on Finance.
S. 1463 -- Senator Wilson: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR THE REGULATION OF PRIVATE INVESTIGATORS, TO CREATE A STATE BOARD OF INVESTIGATORS AND PROVIDE FOR ITS POWERS AND DUTIES, TO PROVIDE FOR THE QUALIFICATION OF APPLICANTS AND REQUIREMENTS OF APPLICATION FOR PRIVATE INVESTIGATORS, REQUIRE A BOND, PROVIDE FOR THE ISSUANCE OF LICENSES AND FEES, REGISTRATION AND FEES FOR EMPLOYEES OF THE PRIVATE INVESTIGATOR BUSINESS, SUSPENSION AND REVOCATION OF LICENSES, FOR RECIPROCITY AGREEMENTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 40-17-20, 40-17-30, 40-17-70, AND 40-17-120, ALL AS AMENDED, AND ACT 78 OF 1991, RELATING TO THE REGULATION OF PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES, SO AS TO DELETE ALL REFERENCES TO PRIVATE DETECTIVES AND PRIVATE DETECTIVE BUSINESSES; PROVIDE FOR THE CONTINUATION OF LICENSES; TO AUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PRIVATE INVESTIGATORS FOR SIX YEARS; AND TO REPEAL SECTIONS 40-17-55, 40-17-75, AND 40-17-145 OF THE 1976 CODE RELATING TO THE REGULATION OF A PRIVATE DETECTIVE.
Read the first time and referred to the Committee on Judiciary.
S. 1464 -- Senator Rose: A BILL TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESENTATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, THE SEA GRANTS CONSORTIUM, THE WATER RESOURCES COMMISSION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, AND THE STATE LAND RESOURCES CONSERVATION COMMISSION.
Read the first time and ordered placed on the Calendar without reference.
On motion of Senator MACAULAY, with unanimous consent, S. 1464 was order to receive a second reading on Friday, April 10, 1992.
H. 4706 -- Rep. Stone: A CONCURRENT RESOLUTION TO RECOGNIZE THE CELEBRATION OF THE 50TH ANNIVERSARY OF THE BOMBING OF TOKYO, JAPAN, APRIL 19, 1942, BY THE SURVIVING MEMBERS OF THE DOOLITTLE RAIDERS AND TO PROVIDE FOR THE RAIDERS TO BE RECOGNIZED BY THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TUESDAY, APRIL 14, 1992.
Whereas, April 16-18, 1992, most of the forty-one surviving members of the Doolittle Raiders will celebrate the 50th anniversary of the Tokyo bombing in Columbia; and
Whereas, President George Bush is expected to attend the event which will feature a ceremony of pageantry and music at the State Museum; and
Whereas, the first Americans to strike back at Japan following its vicious attack of Pearl Harbor were dubbed Doolittle Raiders by the wartime press in honor of Colonel James Doolittle, the mission leader; and
Whereas, eighty airmen, including Mr. Nolan Herndon of Edgefield who was a navigator, were told of their mission the night of April 1, 1942, on the aircraft carrier USS Hornet. Seventy-one of the eighty airmen survived the mission; and
Whereas, the bombing mission began with a six-hour trip to Tokyo by sixteen bombers. Each bomber reached his assigned military target and dropped four bombs. Four of the sixteen bombers landed in China and one in the Soviet Union. The rest were abandoned by their crews; and
Whereas, the members of the General Assembly extend an invitation to the Doolittle Raiders to be recognized by the members of the House of Representatives and the Senate at an appropriate time Tuesday, April 14, 1992. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize the celebration of the 50th Anniversary of the bombing of Tokyo, Japan, April 19, 1942, by the surviving members of the Doolittle Raiders and invite the Raiders to be recognized by the members of the House of Representatives and the Senate Tuesday, April 14, 1992.
Be it further resolved that a copy of this resolution be forwarded to Mr. Nolan Herndon.
Referred to the Committee on Invitations.
H. 4717 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MAY 6, 1992.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable David W. Harwell, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, May 6, 1992.
Be it further resolved that a copy of this resolution be delivered to Chief Justice Harwell.
Referred to the Committee on Invitations.
H. 4718 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 12, 1992, FOR ITS ANNUAL STATE HOUSE MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State may use the chambers of the Senate and the House of Representatives on Friday, June 12, 1992, for its annual State House meeting. If either house is in statewide session, the chamber of that house may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
Referred to the Committee on Invitations.
S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1454 -- Senators Washington and Matthews: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MOSES POLITE, JR., OF ALLENDALE IN ALLENDALE COUNTY.
Returned with concurrence.
Received as information.
On motion of Senator HINDS, with unanimous consent, the Senate agreed to go into Executive Session to consider only local appointments
prior to adjournment.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills 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. 3873 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.
(By prior motion of Senator HOLLAND, with unanimous consent)
H. 4242 -- Reps. Gonzales, Hallman, Fulmer, Rama, R. Young, Whipper, Wofford, Holt, Inabinett, G. Bailey, J. Bailey, A. Young, D. Martin and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-137 SO AS TO ESTABLISH NO WAKE ZONES ON THE ASHLEY RIVER.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
H. 4391 -- Rep. Felder: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT TO CHARGE FEES FOR SUPPLEMENTARY INSTRUCTIONAL MATERIALS; TO REVISE THE PER DIEM AND MILEAGE THAT MEMBERS OF THE BOARD OF TRUSTEES SHALL RECEIVE; TO ABOLISH THE CALHOUN COUNTY BOARD OF EDUCATION ON THE EFFECTIVE DATE OF THIS ACT, AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS TO SPECIFIED ENTITIES; TO ABOLISH THE OFFICE OF CALHOUN COUNTY SUPERINTENDENT OF EDUCATION UPON THE EXPIRATION OF THE CURRENT TERM OF THE INCUMBENT SUPERINTENDENT OF EDUCATION, AND DEVOLVE THE FUNCTIONS, DUTIES, AND POWERS OF THIS OFFICE UPON THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT; AND TO REPEAL SECTION 1 OF ACT 743 OF 1976, RELATING TO THE CALHOUN COUNTY BOARD OF EDUCATION.
(By prior motion of Senator MATTHEWS)
H. 3747 -- Rep. Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS MORE THAN TEN FEET ABOVE SURFACE LEVEL, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.
The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1440 -- Senator Holland: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
(By prior motion of Senator HOLLAND, with unanimous consent)
S. 1389 -- Senators Mullinax, Nell W. Smith and Macaulay: A BILL TO AMEND SECTION 51-13-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SPECIAL PURPOSE DISTRICT, SO AS TO RENAME THE DISTRICT AND PROVIDE THAT IT SHALL BE KNOWN AS THE "PENDLETON DISTRICT HISTORICAL, RECREATIONAL, AND TOURISM COMMISSION"; AND TO AMEND SECTION 51-13-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SO AS TO PROVIDE THAT THE COMMISSION IS EMPOWERED TO SUE AND BE SUED, ADOPT AND USE A CORPORATE SEAL, CHARGE ADMISSION FEES, AND PRESCRIBE RULES AND REGULATIONS WITH RESPECT TO ITS FACILITIES, PURPOSES, AND AFFAIRS, TO EMPLOY PERSONNEL, ACQUIRE PROPERTY, RECEIVE GRANTS, AND TO CONDUCT ACTIVITIES TO PROMOTE TOURISM.
(By prior motion of Senator MULLINAX, with unanimous consent)
S. 760 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL AND THE EXCEPTIONS TO THE PROHIBITION, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES SHALL ISSUE A PERMIT FOR THE SCIENTIFIC OR PROPAGATION EXCEPTIONS, TO REQUIRE THE APPLICATION FOR A PERMIT TO CONTAIN INFORMATION ON OWNERSHIP AND BOUNDARIES, AND TO ALLOW THE DEPARTMENT TO DENY OR REVOKE A PERMIT AT ITS DISCRETION.
(By prior motion of Senator HOLLAND, with unanimous consent)
S. 768 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-55 SO AS TO PROHIBIT THE INJURING OR WOUNDING OF WILDLIFE WITHOUT ATTEMPTING TO LOCATE IT AND TAKE IT INTO POSSESSION.
(By prior motion of Senator HOLLAND, with unanimous consent)
S. 1162 -- Senator Drummond: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.
(By prior motion of Senator HOLLAND, with unanimous consent)
S. 769 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROHIBIT THE ABANDONMENT OF WILDLIFE CARCASSES.
(By prior motion of Senator GIESE, with unanimous consent)
S. 1204 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
S. 1205 -- Senator Drummond: A BILL TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
S. 1280 -- Senator Land: A BILL TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.
S. 1320 -- Senators Land, Hinds, Passailaigue and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES.
S. 552 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.
S. 1084 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.
Senator McCONNELL explained the Bill.
S. 1383 -- Senators Robert W. Hayes, Jr., Stilwell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.
S. 1445 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NPDES PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1423, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 128 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-200 SO AS TO PROVIDE FOR THE OFFENSE OF TRANSPORTING AN ANIMAL UNDER INADEQUATE CONDITIONS AND IMPORTING OR EXPORTING A DOG OR CAT UNDER EIGHT WEEKS OF AGE WITHOUT ITS DAM AND PROVIDE PENALTIES.
S. 767 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ISSUE SPECIAL PERMITS, SO AS TO PROVIDE THAT FURBEARING ANIMALS CAUSING DAMAGE TO A PERSON'S HOME OR PROPERTY MAY BE CAPTURED WITHIN ONE HUNDRED YARDS OF THE HOME.
S. 1453 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE FORESTRY COMMISSION, RELATING TO HUNTING AND FISHING REGULATIONS ON STATE FOREST LANDS ESTABLISHED AS WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1476, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1255 -- Senators Macaulay, Peeler and Giese: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (BR1\2254.AC) was adopted as follows:
Amend the bill, as and if amended, Section 44-75-50, page 2, beginning on line 5, by deleting /an examination prescribed by the department/ and inserting /the National Athletic Trainers' Association examination/.
Amend further, Section 44-75-50(c), by adding /have earned a four-year college degree with appropriate academic courses and/ before /have/.
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment on April 8, 1992, and printed in Journal #51.
Senator GIESE spoke on the amendment.
Senator GIESE made the motion to table the amendment.
There was no objection, and the amendment was tabled.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills were carried over:
S. 760 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL AND THE EXCEPTIONS TO THE PROHIBITION, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES SHALL ISSUE A PERMIT FOR THE SCIENTIFIC OR PROPAGATION EXCEPTIONS, TO REQUIRE THE APPLICATION FOR A PERMIT TO CONTAIN INFORMATION ON OWNERSHIP AND BOUNDARIES, AND TO ALLOW THE DEPARTMENT TO DENY OR REVOKE A PERMIT AT ITS DISCRETION.
On motion of Senator MOORE, with unanimous consent, the vote whereby the Bill was given a third reading was reconsidered and the Bill was carried over.
There was no objection.
S. 768 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-55 SO AS TO PROHIBIT THE INJURING OR WOUNDING OF WILDLIFE WITHOUT ATTEMPTING TO LOCATE IT AND TAKE IT INTO POSSESSION.
On motion of Senator HOLLAND, with unanimous consent, the vote whereby the Bill was given a third reading was reconsidered and the Bill was carried over.
There was no objection.
S. 922 -- Senator Setzler: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF LICENSES FOR COSMETOLOGISTS, SO AS TO CHANGE THE REFERENCE TO AN INDIVIDUAL LICENSE TO AN ACTIVE LICENSE AND TO PROVIDE FOR AN EXEMPTION FROM THE CONTINUING EDUCATION REQUIREMENT FOR COSMETOLOGISTS WITH MORE THAN TWENTY-FIVE YEARS' WORKING EXPERIENCE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.
The amendment proposed by the General Committee (GEN922.001) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Section 40-13-240 of the 1976 Code is amended to read:
"Section 40-13-240. (1) (A) The holder of any individual an active license issued by the board shall annually on such the date as may be designated by the board, shall renew his or her license and pay the renewal fee and furnish proof to the board that he or she the holder has completed continuing education approved by the board. The holder of a license for a period in excess of twenty-five years is exempt from the continuing education requirement.
(2)(B) A license to practice or teach cosmetology or any of its practices which has not been renewed prior to before the date designated by the board, shall expire expires on that date. The holder of the expired license may have the license restored within three years of the date of the expiration, upon the payment of the required renewal fee and satisfactory proof of his or her the holder's qualifications to assume the practices. The restoration fee shall must be determined by the board.
(3)(C) If a license has been expired for more than three years, the board shall conduct reexamination of the applicant. The examination may include such practical demonstrations and written tests as the board determines to be necessary. The reexamination fee shall must be determined by the board.
(4)(D) The holder of a license for a salon or a school shall renew the license annually on a date set by the board by the payment of a renewal fee set by the board.
(5)(E) Application for renewal of a school license shall must be accompanied by proof of continued validation of the applicant's surety bond."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator MOORE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1432 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY CIVIL SERVICE SYSTEM, SO AS TO PROVIDE AN EXEMPTION FROM THE RESIDENCY AND ELECTOR REQUIREMENTS FOR APPLICANTS FOR ENTRY-LEVEL POSITIONS.
On motion of Senator RUSSELL, S. 1432 was ordered to receive a third reading on Friday, April 10, 1992.
S. 1437 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.
Senator PEELER spoke on the Bill.
H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.
On motion of Senator PASSAILAIGUE, with unanimous consent, the vote whereby the Bill was given a second reading, was reconsidered.
There was no objection.
S. 1443 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.
On motion of Senator POPE, with unanimous consent, the Resolution was recommitted to the Committee on Invitations.
There was no objection.
S. 1424 -- Senator Reese: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22 AND 23, 1992, AND THE BLATT BUILDING OCTOBER 21 AND 22, 1992, FOR ITS ANNUAL MEETING.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Invitations.
The amendment proposed by the Committee on Invitations (RES1424.01) was adopted as follows:
Amend the resolution, as and if amended, by striking all after the resolving clause and inserting the following:
/That the South Carolina State Student Legislature is authorized to use the chamber of the Senate and the chamber of the House of Representatives from 8:30 a.m.-5:00p.m. on October 22 and 23, 1992, and the Blatt Building October 21 and 22, 1992, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate chamber may not be used on these days. If the House is in statewide session on any of these days, the chamber of the House of Representatives and the Blatt Building may not be used on these days.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for the use of these chambers and facilities and such use must be in strict accordance with the policy of the respective chamber./
Amend the title to read as follows:
TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22 AND 23, 1992, AND THE BLATT BUILDING OCTOBER 21 AND 22, 1992, FOR ITS ANNUAL MEETING.
Amend title to conform.
There being no further amendments, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4538 -- Reps. Wilkins, Fair, Mattos, Haskins, Cato, Manly, M.O. Alexander and Vaughn: A CONCURRENT RESOLUTION TO URGE THE VIDEO SOFTWARE DEALERS ASSOCIATION OF AMERICA AND ITS MEMBERS, AMONG OTHER THINGS, TO ADOPT AND STRENGTHEN MEMBERSHIP REQUIREMENTS AND OTHER PROCEDURES TO PREVENT MINORS FROM GAINING ACCESS TO CERTAIN MOTION PICTURES AND VIDEOTAPES, TO URGE THE GOVERNOR TO PROCLAIM A VIDEO AWARENESS WEEK, AND TO COMMEND THE JUNIOR LEAGUE OF GREENVILLE FOR ITS EFFORTS TO PROTECT MINORS FROM VIEWING CERTAIN MOTION PICTURES AND VIDEOTAPES.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD4538.001) was adopted as follows:
Amend the concurrent resolution, as and if amended, page 2, line 30, by striking the word /and/ and inserting therein the word /or/ .
Amend title to conform.
There being no further amendments, the Concurrent Resolution was adopted, ordered returned to the House with amendments.
The following Bills were carried over:
S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.
On motion of Senator McCONNELL, the Bill was carried over.
S. 1352 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-11-435 AND 6-11-455 AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.
Senator BRYAN explained the Bill.
On motion of Senator LEATHERMAN, the Bill was carried over.
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.
Senator WILSON explained the Bill.
On motion of Senator HINSON, the Bill was carried over.
S. 785 -- Senator Drummond: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING ON LAND WITHOUT CONSENT.
Senator HOLLAND explained the Bill.
On motion of Senator MOORE, the Bill was carried over.
H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.
On motion of Senator CORK, the Bill was carried over.
H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.
On motion of Senator HOLLAND, the Bill was carried over.
H. 4125 -- Reps. Wilkins and Harwell: A BILL TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT IN THE COURT OF APPEALS OR THE SUPREME COURT.
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 (JUD4125.001) was adopted as follows:
Amend the bill, as and if amended, page 2, line 9, in Section 14-1-215, as contained in SECTION 1, by striking /in/ and inserting /on/ .
Amend title to conform.
Senator MOORE proposed the following amendment (JUD4125.002):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 14-1-215 of the 1976 Code is amended to read:
"Section 14-1-215. (A) A retired judge or justice from the Supreme Court, Court of Appeals, or circuit court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any circuit court of this State. A retired judge or justice from the Supreme Court or Court of Appeals of this State may be assigned by the Chief Justice of the Supreme Court to act as an associate justice or judge in any proceeding before the Supreme Court or Court of Appeals. A retired judge from the family court of this State may be assigned by the Chief Justice of the Supreme Court to preside over any official proceeding in any family court of this State.
In order to be eligible to be appointed by the Chief Justice to serve, any retired justice or judge of this State must have been screened in the manner provided in Section 2-19-10 and found by the committee to be qualified to serve in these situations within two years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further screening of that justice or judge is required until that term would have expired if he is to be assigned to sit on the Court of Appeals or the Supreme Court.
(B) Except as provided by subsection (A), prior to any person appointed or elected to serve as a justice of the Supreme Court, Court of Appeals judge, or Circuit Court judge acting in that capacity, that person shall be screened in the manner provided by Section 2-19-10 and found by the committee to be qualified to serve."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator MOORE explained the amendment.
On motion of Senator POPE, the Bill was carried over.
H. 3777 -- Rep. Cromer: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, REVISE PENALTIES, AND REQUIRE A SURETY BOND AND LIABILITY INSURANCE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES IN ARTICLE 13.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator LOURIE proposed the following amendment (JUD3777.007):
Amend the committee report, as and if amended, page 3777-2, line 33, in Section 47-3-720, as contained in SECTION 1, after /premises./ by inserting /The pen or run area must be clearly marked as containing a dangerous animal and must be designed to prevent the entry of the general public, including children, and to prevent the escape or release of the animal./
Amend title to conform.
On motion of Senator LOURIE, the Bill was carried over.
Document No. 1422
Promulgated By Department of Health and Environmental Control
Environmental Health Fees To Test Milk, Milk Products, and Frozen Desserts
Received By Lt. Governor April 3, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 1, 1992
Recalled from Committee on Medical Affairs April 9, 1992
Referred to Committee on Agriculture and Natural Resources April 9, 1992
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
The following Bill was carried over:
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 MOORE, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1327 -- Senator Williams: A BILL TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.
Senator MOORE made a motion to place the Bill in the status of Adjourned Debate.
Senator McCONNELL raised a Point of Order that the motion would require unanimous consent.
The PRESIDENT sustained the Point of Order.
Senator MOORE asked unanimous consent to make a motion that the Bill be placed in the status of Adjourned Debate.
Senator McCONNELL objected.
On motion of Senator SETZLER, the Senate agreed to dispense with the remainder of the Motion Period.
Senator DRUMMOND, with unanimous consent, was granted leave to address the body regarding H. 3044 (The General Appropriation Bill).
Senator SETZLER, with unanimous consent, was granted leave to address the body regarding H. 3044 (The General Appropriation Bill).
On motion of Senator HINDS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Reappointments, Georgetown County Magistrates, with terms to expire April 30, 1995:
Initial appointment under Act 678 of 1988:
Ms. Lucille B. Wilson, 403 N. Farr Avenue, Andrews, South Carolina 29510
Mr. A.E. Barnhill, Jr., Route 3, Box 46, Hemingway, South Carolina 29554
W. Barry McCall, P.O. Box 1830, Pawleys Island, South Carolina 29585
Appointments, Georgetown County Magistrates, with terms to expire April 30, 1995:
Initial appointment under Act 678 of 1988:
Mr. Raymond C. Fischer, P.O. Box 1716, Georgetown, South Carolina 29442 VICE Chalmers Larimore
Mr. William P. Moeller, P.O. Box 109, Murells Inlet, South Carolina 29576 VICE Raymond Lee
Appointment, Richland County Master-in-Equity, with term to expire April 30, 1997:
Initial appointment under Act 678 of 1988:
Mr. Joseph M. Strickland, Richland County Judicial Center, 1701 Main Street, Columbia, South Carolina 29201
Appointment, Barnwell County Magistrate, with term to expire April 30, 1995:
Initial appointment under Act 678 of 1988:
Mr. Lawson J. Holland, Jr., Box 929, Barnwell, South Carolina 29812 VICE Bobby Martin (deceased)
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 LEATHERMAN moved that when the Senate adjourns on Friday, April 10, 1992, it stand adjourned to meet next Tuesday, April 14, 1992, at 12:00 Noon, which motion was adopted.
At 12:30 P.M., on motion of Senator LEATHERMAN, 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.