South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Tuesday, February 9, 1993

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear a steadying word today from Psalm 93 (vv.4-5):

"Mightier than the thunder of the great waters, mightier

than the breakers of the sea... THE LORD ON HIGH IS

MIGHTY.

O Lord, Your statutes stand firm; Holiness adorns Your

House for endless days!"
Let us pray.

O Lord God, whose transcendence is beyond the mind of man, and whose nearness we cannot comprehend.

We lift our morning praise that you are ever near the hearts that love You... and that You are the strength of every arm that puts its trust in You.

Help us to realize that there are changes that need to be made in our world... but that most of those basic changes must await the changes that need to be made in human hearts.

If necessary, may those heart changes begin within us.

May we live this day obedient to the silent commands that You give us in these moments of prayer, and in the cloakroom of our consciences.

Daily, give us the grace to unite our minds and our wills with Him who is

"Mightier than the thunder

of the great waters... "

Amen.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 4, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Local Appointment

Initial Appointment, Georgetown County Magistrate, with term to expire April 30, 1995:

Honorable Benjamin F. Dunn, Post Office Box 44, Andrews, South Carolina 29510 VICE Lucille B. Wilson (retired)

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 1606
Promulgated By Department of Archives and History
General Records Retention Schedule for Municipal Records
Received By Lt. Governor February 5, 1993
Referred to Senate General Committee
120 day review expiration date June 5, 1993

Document No. 1607
Promulgated By Department of Archives and History
General Retention Schedule for State Financial Records
Received By Lt. Governor February 5, 1993
Referred to Senate General Committee
120 day review expiration date June 5, 1993

Doctor of the Day

Senator DRUMMOND introduced Dr. Stanley Baker of Greenwood, South Carolina, Doctor of the Day.

Leave of Absence

On motion of Senator WILLIAMS, Senator O'DELL was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 381 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-305 SO AS TO PROHIBIT THE DISPOSAL OF SPECIAL WASTE IN A SOLID WASTE LANDFILL OPERATED BY A MUNICIPALITY OR BY A PRIVATE ENTITY UNDER LICENSE FROM A MUNICIPALITY, AND TO DEFINE THE TERM "SPECIAL WASTE" FOR THIS PURPOSE.

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

S. 382 -- Senator Leventis: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE COLLISON AND COMPREHENSIVE COVERAGE, SO AS TO REQUIRE CERTAIN COVERAGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE.

Senators LEVENTIS and MACAULAY spoke on the Bill.

Read the first time and referred to the Committee on Banking and Insurance.

S. 383 -- Senator Giese: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO EXCLUDE PERSONS FROM THE PROGRAM WHO ARE CHARGED WITH CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES.

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

S. 384 -- Senators Giese, Bryan, Rose, Richter and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, AND TO PROVIDE FOR INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.

Senator GIESE spoke on the Bill.

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

S. 385 -- Senators McConnell and Ford: A BILL TO AMEND SECTIONS 28-2-60 AND 28-2-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTION UNDER THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE FOR THE CONDEMNOR TO HAVE THE BURDEN OF PROOF TO SHOW THE CONDEMNATION IS REASONABLE FOR THE PUBLIC PURPOSE TO BE SERVED AND THE PRIVATE PROPERTY TO BE ALTERED OR DESTROYED; AND TO AMEND SECTION 28-2-320, RELATING TO APPEALS FROM DETERMINATIONS BY THE APPRAISAL PANEL UNDER THE ACT, SO AS TO REQUIRE THE CONDEMNOR TO HAVE THE BURDEN OF PROOF IF THE LANDOWNER AND THE CONDEMNOR APPEAL.

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

S. 386 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE PERMITTED OR LICENSED TO DRIVE BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO DELETE THE PROVISION FOR MENTALLY DISABLED OR DISEASED PERSONS AND INCLUDE INCAPACITATED AND INCOMPETENT PERSONS.

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

S. 387 -- Senator Drummond: A BILL TO AUTHORIZE THE TRUSTEES OF GREENWOOD SCHOOL DISTRICT 52 IN GREENWOOD COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.

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

S. 388 -- Senator Drummond: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE SENATE AT THE DEATH OF MR. O'NEAL JOHNSON OF COLUMBIA AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Senate Resolution was adopted.

S. 389 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. EDWIN B. JOSEPH, ONE OF SOUTH CAROLINA'S ABLEST ADMINISTRATORS IN THE FIELD OF MARINE FISHERIES MANAGEMENT AND RESEARCH, AND EXTENDING DEEPEST SYMPATHY TO HIS WONDERFUL FAMILY AND HIS MANY FRIENDS.

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

S. 390 -- Senator Reese: A BILL TO AMEND SECTION 47-13-1350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING OF HORSES BEFORE ENTRY INTO SOUTH CAROLINA, SO AS TO CHANGE THE TIME REQUIRED FOR A NEGATIVE REACTION BEFORE A HORSE MAY ENTER THE STATE AND PROVIDE AN EXCEPTION; AND TO AMEND SECTION 47-13-1370, AS AMENDED, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA FOR A PUBLIC ASSEMBLY OF HORSES, SO AS TO CHANGE THE TIME REQUIREMENT BEFORE A HORSE MAY ENTER AN ASSEMBLY AND REQUIRE A BLOOD SAMPLE DRAWN EACH TIME A HORSE IS OFFERED FOR SALE AT APPROVED AUCTION MARKETS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 391 -- Senators Saleeby, Land, Rankin and Courtney: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVER'S LICENSE REQUIREMENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE AN EXEMPTION FOR A NONRESIDENT WHO IS AT LEAST SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE AND FOR A CITIZEN OF GERMANY WHO IS AT LEAST EIGHTEEN YEARS OF AGE, IS EMPLOYED IN SOUTH CAROLINA, AND HAS A VALID DRIVER'S LICENSE ISSUED IN GERMANY; TO AMEND SECTION 56-1-40, RELATING TO PERSONS WHO SHALL NOT BE LICENSED FOR PURPOSES OF THE DRIVER'S LICENSE REQUIREMENTS AND TO BEGINNER'S OR INSTRUCTION PERMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT ISSUE A MOTOR VEHICLE DRIVER'S LICENSE TO A PERSON UNDER SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE, EXCEPT THAT THE DEPARTMENT MAY ISSUE A BEGINNER'S OR INSTRUCTION PERMIT TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OF AGE AND A SPECIAL RESTRICTED DRIVER'S LICENSE TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OLD AND LESS THAN SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE AS PROVIDED IN SECTION 56-1-180; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO BEGINNER'S PERMIT AND DRIVER TRAINING COURSE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OF AGE MAY APPLY TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR A BEGINNER'S PERMIT AND THAT, WHILE DRIVING, THE PERMITTEE MUST BE ACCOMPANIED BY A LICENSED DRIVER TWENTY-ONE, RATHER THAN EIGHTEEN, YEARS OF AGE OR OLDER; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES FOR CERTAIN MINORS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY ISSUE A SPECIAL RESTRICTED DRIVER'S LICENSE TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, AND LESS THAN SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE; TO AMEND SECTION 56-5-6540, RELATING TO SAFETY BELTS, PENALTIES, AND ENFORCEMENT, SO AS TO INCREASE THE MAXIMUM AMOUNTS OF CERTAIN FINES AND DELETE THE PROVISIONS, INCLUDING THOSE RELATING TO STOPPING A DRIVER FOR A VIOLATION OF THE SAFETY BELT PROVISIONS IN THE ABSENCE OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS AND EXCEPTIONS; AND TO REQUIRE THE CHIEF INSURANCE COMMISSIONER BY A CERTAIN DATE TO REVIEW THE EXPERIENCE OF AUTOMOBILE INSURERS ISSUING POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE IN SOUTH CAROLINA TO DETERMINE WHETHER ANY RATE DECREASES ARE JUSTIFIED AS A RESULT OF THE PASSAGE OF THIS ACT.

Read the first time and referred to the Committee on Banking and Insurance.

S. 392 -- Senators Saleeby, Land, McConnell, Rankin and Courtney: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND (FUND) AND THE PROVISIONS THAT SUBDIVISIONS OF THE STATE MAY COME UNDER THE ARTICLE RELATING TO THE FUND, SO AS TO, AMONG OTHER THINGS, ALLOW NONGOVERNMENTAL, PRIVATE EMPLOYERS THE OPTION OF PARTICIPATING UNDER THAT ARTICLE; TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY EMPLOYERS INSURED IN THE FUND, SO AS TO PROVIDE THAT THE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS MUST BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES AND THAT THE FUND MUST PAY A PREMIUM TAX ON PRIVATE EMPLOYERS' PREMIUMS; AND TO REQUIRE THAT THE PLAN OF OPERATION REQUIRED BY SECTION 42-7-50(C) MUST BE COMPLETED WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS ACT.

Read the first time and referred to the Committee on Banking and Insurance.

S. 393 -- Senator Thomas: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS OF APPRAISED VALUE OF A RESIDENCE AND ONE MOTOR VEHICLE OWNED BY A PERSON CLASSIFIED AS DISABLED BY THE SOCIAL SECURITY ADMINISTRATION AND WHOSE TOTAL HOUSEHOLD INCOME IS LESS THAN THE FEDERAL POVERTY GUIDELINE PUBLISHED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AS THOSE GUIDELINES APPLY IN RICHLAND COUNTY.

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

S. 394 -- Senators Hayes and Peeler: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE FOR FREE BIG GAME PERMITS AND WILDLIFE MANAGEMENT AREA PERMITS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 395 -- Senator Giese: A BILL TO AMEND SECTION 56-1-746, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF PERSONS CONVICTED OF CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES, SO AS TO PROVIDE THAT THE LICENSE OF A PERSON ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM ON BEING CHARGED WITH ONE OF THESE OFFENSES MAY BE SUSPENDED AS IF THE PERSON WAS CONVICTED AND TO REQUIRE THE CIRCUIT SOLICITOR TO REPORT THE PERSON'S ACCEPTANCE INTO THE PROGRAM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

S. 396 -- Senators Wilson and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 SO AS TO PROVIDE THAT A COURT HAVING JURISDICTION IN A DIVORCE PROCEEDING AND RELATED MATTERS MAY ORDER COURT RECORDS IN THE PROCEEDING SEALED UPON THE MOTION OF A PARTY TO THE PROCEEDING AND TO PROHIBIT THE UNSEALING OF THE RECORDS EXCEPT WITH THE CONSENT OF ALL PARTIES TO THE PROCEEDING.

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

S. 397 -- Senator Reese: A BILL TO AMEND SECTIONS 56-3-2150 AND 56-3-2170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR COUNTY COUNCIL, SO AS TO ADD A SPECIAL LICENSE PLATE FOR THE MAYOR.

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

S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.

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

S. 399 -- Senator Thomas: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REVISE THE EXEMPTION FOR MEDICINE AND PROSTHETIC DEVICES AND INCLUDE AS AN EXEMPTION A MEDICAL DEVICE OR SUBSTANCE IMPLANTED INTO A HUMAN BODY BY A PHYSICIAN.

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

S. 400 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-2240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE CODE REQUIREMENTS PERTAINING TO CHILD WELFARE AGENCIES, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE REFERENCE TO THE CHILDREN'S BUREAU TO THE ADOPTION PROGRAM OF THE DEPARTMENT OF SOCIAL SERVICES, DELETE THE EXEMPTION FOR RESCUE MISSIONS, AND PROVIDE REQUIREMENTS FOR CERTAIN FOSTER CARE FACILITIES.

Read the first time and referred to the General Committee.

S. 401 -- 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.

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

S. 402 -- Senator Land: A BILL TO AMEND SECTION 56-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON CONVICTION FOR VIOLATION OF THIS SECTION COURT COSTS MAY BE WAIVED AND NO POINTS MAY BE ASSESSED FOR DRIVING RECORD OR INSURANCE PURPOSES.

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

S. 403 -- Senator Hayes: A BILL TO AMEND SECTION 57-7-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSTRUCTION OF ROADS BY RAILROAD CARS AND OTHER OBSTACLES AND TO PENALTIES, AND SECTION 58-17-4080, RELATING TO PENALTY AND DAMAGES FOR OBSTRUCTION OF HIGHWAY BY RAILROAD CAR, LOCOMOTIVE, OR OTHER OBJECT, SO AS TO INCREASE THE PENALTY FOR THIS ACTIVITY.

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

H. 3422 -- Rep. Spearman: A CONCURRENT RESOLUTION TO CONGRATULATE LOIS CROUCH MATHENY ADDY OF SALUDA COUNTY UPON REACHING HER 100TH BIRTHDAY.

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

H. 3020 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Waites, Walker, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-115 SO AS TO REQUIRE THE SOUTH CAROLINA COMMISSION ON AGING IN CONJUNCTION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY AND THE JOINT LEGISLATIVE COMMITTEE ON AGING TO ANNUALLY SPONSOR A "SENIOR HOUSING INSTITUTE" AND TO REPORT ANNUALLY TO THE GENERAL ASSEMBLY AND THE GOVERNOR.

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

H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.

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

H. 3071 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 12-4-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS REQUIRED OF PERSONS WHO REPRESENT TAXPAYERS IN THE ADMINISTRATIVE TAX PROCESS BEFORE A STATE OR LOCAL TAX AUTHORITY, SO AS TO ALLOW A REAL ESTATE APPRAISER TO REPRESENT A TAXPAYER IN AN ADMINISTRATIVE MATTER LIMITED TO THE VALUATION OF REAL PROPERTY AND TO PROVIDE EXCEPTIONS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3100 -- Reps. Simrill, Meacham, Kinon, J. Bailey, R. Smith, Walker, Fair, Littlejohn, Wells, Cato, Allison, Vaughn, Haskins, Stuart, Farr, A. Young, Beatty, Mattos, Hines, Boan, Wright, T.C. Alexander, Gamble, Lanford, M.O. Alexander, Elliott, Moody-Lawrence, D. Wilder and Trotter: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

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

H. 3115 -- Reps. T.C. Alexander, Snow, Riser and Witherspoon: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA REQUIRED FOR THE PUBLIC ASSEMBLY OF HORSES, SO AS TO REVISE THE TIME PERIOD DURING WHICH CERTAIN TESTS MUST BE CONDUCTED, AND TO PROVIDE THAT THE COGGINS TEST FOR EQUINE INFECTIOUS ANEMIA, WHETHER ADMINISTERED WITHIN OR WITHOUT THIS STATE, IS REQUIRED TO BE ADMINISTERED ONLY ONCE A YEAR TO ANY HORSE OR ANIMAL REGARDLESS OF THE NUMBER OF TIMES THE ANIMAL IS SHOWN, SOLD, EXHIBITED, OR HOUSED IN A PUBLIC STABLE OR PLACE IN THIS STATE DURING THAT YEAR.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3200 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3280 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER DISTRICT MAY BE DISSOLVED.

Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator Holland, with unanimous consent, H. 3280 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3289 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "CLAIMANT AGENCY" TO THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA AND THE SOUTH CAROLINA ASSOCIATION OF COUNTIES WHEN THESE ORGANIZATIONS SUBMIT CLAIMS ON BEHALF OF THEIR MEMBERS; AND TO AMEND SECTION 12-54-460, AS AMENDED, RELATING TO SETOFF PROCEDURES, SO AS TO DELETE THE EXEMPTION OF INTERNAL REVENUE SERVICE CLAIMS FROM THE ADMINISTRATIVE FEE.

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

H. 3366 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: FULL COST DISCLOSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1490, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3381 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO WAIVER OF FEES AND SPECIAL VOLUNTEER LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1545, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

HOUSE CONCURRENCE

S. 364 -- Senators J. Verne Smith, Mitchell, Stilwell, Thomas and Bryan: A CONCURRENT RESOLUTION TO RECOGNIZE BETTY PEACE STALL AND HER FAMILY FOR THEIR CONTINUING EFFORTS TO BRING INTO EXISTENCE THE PEACE CENTER FOR THE PERFORMING ARTS IN GREENVILLE, SOUTH CAROLINA, AND TO THANK HER FOR HER SERVICE AND DEDICATION TO THE GREENVILLE COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 365 -- Senators Setzler, Mitchell, O'Dell, Peeler and Reese: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, MR. ROGER MILLIKEN OF SPARTANBURG, UPON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.

Returned with concurrence.

Received as information.

S. 366 -- Senators Land and Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF JOYCE KINLAW OF MANNING, SOUTH CAROLINA, WHO DIED ON FEBRUARY 3, 1993.

Returned with concurrence.

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

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 379 -- Senator Martin: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

(By prior motion of Senator MARTIN)

S. 380 -- Senator Martin: A BILL TO AMEND ACT 610 OF 1984, RELATING TO THE SINKING FUND COMMISSION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO ADD THE SUPERINTENDENT OF EDUCATION FOR THE PICKENS COUNTY SCHOOL DISTRICT TO THE SINKING FUND COMMISSION.

(By prior motion of Senator MARTIN)

S. 56 -- Senator Bryan: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 378 -- Senators Rankin, Elliott and Greg Smith: A JOINT RESOLUTION TO PROVIDE FOR MAKING UP AN EDUCATION FINANCE ACT ALLOCATION UNDERPAYMENT TO A SCHOOL DISTRICT RESULTING FROM AN ERROR IN THE PREPARATION OF THE DISTRICT'S INDEX OF TAXPAYING ABILITY FOR SCHOOL YEAR 1992-93, TO REQUIRE THE UNDERPAYMENT TO BE MADE UP IN EFA DISTRIBUTIONS TO THE DISTRICT OVER THE SUCCEEDING TWO SCHOOL YEARS, TO PROVIDE FOR EFA ALLOTMENT CALCULATIONS DURING THE PAYBACK PERIOD, AND TO REQUIRE THE UNDERPAYMENT TO EXCEED TEN PERCENT FOR THE DISTRICT TO BE ELIGIBLE FOR THE MAKEUP PAYMENT.

Senator RANKIN asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

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

Senator RANKIN proposed the following amendment (378R001.LAR), which was adopted:

Amend the resolution, as and if amended, page 1, line 38, by adding the following:

/Provided, however, any local tax levied to generate additional revenue due to the EFA underpayment must be taken into account so as to reduce the tax levy by a corresponding amount for the applicable year for which the makeup is received as provided in this section./

Renumber sections to conform.

Amend title to conform.

Senators RANKIN and DRUMMOND explained the amendment.

There being no further amendments, the Resolution was read the third time and ordered sent to the House.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

The following Joint Resolutions having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

S. 374 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ONE-QUARTER MILE OFF-SHORE LINE AND TAKING AMERICAN EELS AND CATFISH IN CERTAIN WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1589, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 375 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO PARR HYDROELECTRIC PROJECT FISH AND GAME MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1590, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 376 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO REPEAL OF REGULATIONS CHANGED BY STATUTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 377 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

H. 3196 -- Rep. Stone: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.

H. 3337 -- Rep. J. Wilder: A BILL TO AMEND ACT 710 OF 1978, RELATING TO THE AUTHORITY OF THE TRUSTEES OF SCHOOL DISTRICT 45 IN BARNWELL COUNTY TO CHARGE STUDENT FEES, SO AS TO DELETE THE REQUIREMENT THAT THESE FEES MUST RECEIVE WRITTEN PRIOR APPROVAL OF THE COUNTY COUNCIL.

Ordered to a Third Reading

On motion of Senator WILLIAMS, with unanimous consent, H. 3337 was ordered to receive a third reading on Wednesday, February 10, 1993.

CARRIED OVER

S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.

On motion of Senator ROSE, with unanimous consent, the Senate Resolution was carried over.

AMENDMENT PROPOSED

CARRIED OVER

S. 264 -- Rules Committee: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE SO AS TO FURTHER PROVIDE FOR THE MOTION TO RECEDE AS USED IN RULE 2 AND RULE 14, TO FURTHER DEFINE A POINT OF PERSONAL INTEREST AS USED IN RULE 13, TO COMBINE AND CLARIFY CERTAIN LANGUAGE RELATING TO THE SCHEDULING OF COMMITTEE MEETINGS AS PROVIDED FOR IN RULES 19 AND 47 AND TO DELETE CERTAIN DUPLICATE PROVISIONS.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of Amendment No. 2 (RES264.001), previously proposed by Senator SALEEBY and printed in the Journal of Wednesday, February 3, 1993.

Senator SALEEBY explained the amendment.

Senator PASSAILAIGUE and Senator McCONNELL argued contra to the adoption of the amendment.

Motion Adopted

On motion of Senator STILWELL, with unanimous consent, Rule 53A of the Senate Rules was amended to change the date of February 16, 1993, to February 18, 1993.

Senator BRYAN spoke on the amendment.

On motion of Senator SALEEBY, with unanimous consent, the Senate Resolution was carried over.

ADJOURNMENT

At 1:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. for the consideration of local matters which have the unanimous consent of the delegation affected, and of statewide matters which have been ordered to a reading by the unanimous consent of the Senate on a previous legislative day, and, further, to authorize the Lieutenant Governor to cause the first reading and referral of any Bills and Resolutions in the box, and to receive committee reports.

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