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 the words of a parable in the Gospel of St. Matthew, still relevant to our lives (13:24-25):
"The kingdom of heaven is likened unto a man which sowed good seed in his field:
But while the man slept, his enemy came and sowed tares among the wheat..."
Let us pray.

Lord God of Heaven and earth, show us the directions of the Holy Scriptures that point out where the dangerous, moral and spiritual enemies of the good life operate.

Help us to avoid the quicksands that undermine the whole and healthy life in our society.

Help us to plant good seed today in a world that is full of tares.

Help us today to sanctify our common sense... in the Name of Him who taught us about the Kingdom of Heaven.

AMEN.

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

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

Document No. 1529
Promulgated By Department of Corrections
Shock Incarceration Program
Received By Lt. Governor February 19, 1993
Referred to Senate Committee on Corrections and Penology
120 day review expiration date January 26,1994

Document No. 1591
Promulgated By Department of Insurance
Actuarial Opinion and Memorandum Regulation
Received By Lt. Governor February 22, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date January 29, 1994

Document No. 1613
Promulgated By Department of Labor
Procedure for Hearing Payment of Wages Administrative Appeals
Received By Lt. Governor February 19, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date January 26, 1994

Document No. 1642
Promulgated By Department of Labor
Procedures for Hearing Child Labor Act Administrative Appeals
Received By Lt. Governor February 19, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date January 26, 1994

Senator STILWELL introduced Dr. Hal Shaw of Greenville, S.C., Doctor of the Day.

At 12:10 P.M., Senator COURSON requested a leave of absence from 1:30 - 7: 00 P.M.

On motion of Senator WILLIAMS, at 12:00 Noon, Senator MOORE was granted a leave of absence for today.

The following were introduced:

S. 446 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 2, 1993, "YORK COUNTY DAY".

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

S. 447 -- Senators Richter and Reese: A BILL TO AMEND SECTIONS 17-25-70, 24-3-25, 24-7-10, 24-7-20, 24-7-30, 24-7-40 AND 24-7-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNING AUTHORITIES MUST UTILIZE ABLE-BODIED MEMBERS OF ITS PRISON POPULATION IN WORK GANGS ON PUBLIC WORKS OR BUILDINGS OF THE COUNTY AND MUNICIPALITY.

Read the first time and referred to the Committee on Corrections and Penology.

S. 448 -- Senators Hayes, Giese, Lander, Waldrep and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-225 SO AS TO PROVIDE THAT THE STATE MOTOR VEHICLE FLEET MANAGER SHALL BE RESPONSIBLE FOR THE OVERALL MANAGEMENT AND OWNERSHIP OF THE STATE MOTOR VEHICLE FLEET, AND PROVIDE FOR RELATED REQUIREMENTS; TO AMEND SECTION 1-11-220, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE FLEET MANAGEMENT PROGRAM, SO AS TO REFERENCE SECTION 1-11-225; TO AMEND SECTION 1-11-250, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND DEFINITIONS, SO AS TO CHANGE A CODE SECTION REFERENCE AND DELETE THE DEFINITION OF MOTOR VEHICLE MANAGEMENT COUNCIL; TO AMEND SECTION 1-11-260, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT, ANNUAL REPORTS, POLICIES, PROCEDURES, AND REGULATIONS, SO AS TO DELETE THE REFERENCE TO THE MOTOR VEHICLE MANAGEMENT COUNCIL, CHANGE CODE SECTION REFERENCES, AND PROVIDE FOR THE RECOMMENDATION OF ADMINISTRATIVE PENALTIES TO BE "LEVIED AGAINST AGENCIES", RATHER THAN TO BE "USED BY THE AGENCIES", FOR VIOLATION OF PRESCRIBED PROCEDURES AND REGULATIONS RELATING TO THE FLEET MANAGEMENT PROGRAM; TO AMEND SECTION 1-11-310, AS AMENDED, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT, TITLES, AND ACQUISITION AND DISPOSITION OF VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND CHANGE SUBSECTION REFERENCES; AND TO REPEAL SECTIONS 1-11-230, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND MOTOR VEHICLE MANAGEMENT COUNCIL; 1-11-240, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT, DUTIES OF MOTOR VEHICLE MANAGEMENT COUNCIL, AND HEARING PROCEDURE; 1-11-270, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE ESTABLISHMENT OF CRITERIA FOR INDIVIDUAL ASSIGNMENT OF MOTOR VEHICLES; 1-11-280, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND INTERAGENCY MOTOR POOLS; 1-11-290, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE PLAN FOR MAXIMALLY COST-EFFECTIVE VEHICLE MAINTENANCE; 1-11-300, RELATING TO STATE AGENCIES' DEVELOPMENT AND IMPLEMENTATION OF A UNIFORM COST ACCOUNTING AND REPORTING SYSTEM, PURCHASE OF MOTOR VEHICLE EQUIPMENT AND SUPPLIES, USE OF CREDIT CARDS, AND DETERMINATION OF VEHICLE COST PER MILE; 1-11-320, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT, PLATES AND OTHER IDENTIFICATION REQUIREMENTS, AND EXEMPTIONS; AND 1-11-330, RELATING TO DIVISION OF MOTOR VEHICLE MANAGEMENT AND THE EXEMPTION OF STATE DEPARTMENT OF EDUCATION VEHICLES.

Senator HAYES spoke on the Bill.

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

S. 449 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-65 SO AS TO PROHIBIT THE OWNER OR OPERATOR OF CERTAIN COIN-OPERATED MACHINES FROM PAYING FOR FREE GAMES WON BUT NOT PLAYED UNLESS THE MACHINE IS EQUIPPED WITH A COUNTER OR OTHER DEVICE FOR DETERMINING THE AMOUNT OF MONEY DEPOSITED AND NUMBER OF FREE GAMES WON BUT NOT PLAYED AND PROVIDE PENALTIES.

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

S. 450 -- Senators Leatherman, Mitchell and Passailaigue: A BILL TO AMEND SECTION 59-101-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN SALES TAX REVENUES ON CATALOG SALES FOR THE SUPPORT OF HIGHER EDUCATION, SO AS TO PROVIDE THAT FORTY PERCENT OF THESE REVENUES MUST BE USED FOR K-12 PUBLIC SCHOOL CONSTRUCTION NEEDS, FORTY PERCENT FOR HIGHER EDUCATION FORMULA FUNDING, AND TWENTY PERCENT FOR HIGHER EDUCATION TUITION GRANTS, AND TO DELETE REQUIREMENTS FOR ANY FUND REVENUES TO BE CREDITED TO THE EDUCATION IMPROVEMENT ACT OF 1984 FUND.

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

S. 451 -- Senators Leatherman, Mitchell, Giese, Stilwell, Courtney, G. Smith, Bryan and Passailaigue: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO REQUIRE A SYNOPSIS AND THE STATUTORY AUTHORITY FOR PROMULGATING A REGULATION IN THE DRAFTING NOTICE.

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

S. 452 -- Senators Thomas and Passailaigue: A BILL TO AMEND SECTION 61-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUOR, SO AS TO DELETE THE PROVISIONS FOR ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS AND PROVIDE FOR ALCOHOLIC LIQUOR BY THE DRINK; AND TO AMEND SECTION 61-5-130, RELATING TO THE TAX ON ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, SO AS TO DELETE THE TAX ON THE CONTAINERS AND RELATED REQUIREMENTS AND PROVIDE FOR A TAX ON EACH LITER.

Senator THOMAS spoke on the Bill.

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

S. 453 -- Senator Hayes: A BILL TO AMEND TITLE 39, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABELS AND TRADEMARKS, SO AS TO ENACT THE "TRADEMARKS AND SERVICE MARKS ACT OF 1993", INCLUDING REGISTRATION PROCEDURES, FEES, AND CIVIL PENALTIES; TO AMEND SECTION 39-15-720, RELATING TO USE OF TRADEMARKS ON TIMBER, SO AS TO CONFORM A REFERENCE TO THIS ACT; AND TO REPEAL ARTICLE 3, CHAPTER 15, TITLE 39 RELATING TO TRADEMARKS AND SERVICE MARKS.

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

S. 454 -- Senator Thomas: A BILL TO AMEND SECTION 56-5-6250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF PRIOR CONVICTIONS UNDER THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE THAT PRIOR DUI CONVICTIONS MAY NOT BE DISREGARDED IN A PLEA BARGAIN ON A DUI CHARGE.

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

S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

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

S. 456 -- Senators Leventis, Hayes, Mescher, Waldrep and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ESTABLISH ENVIRONMENTAL COMPLIANCE HISTORY REQUIREMENTS FOR SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PERMITS, INCLUDING AUTHORIZING THE DEPARTMENT TO REVIEW AND CONSIDER THE ENVIRONMENTAL COMPLIANCE HISTORY OF A PERMIT APPLICANT OR PERSON, TO REQUIRE THE FILING OF A DISCLOSURE STATEMENT, AND TO CHARGE AND COLLECT A FEE PURSUANT TO REGULATION FOR CONDUCTING BACKGROUND INVESTIGATIONS.

Senator LEVENTIS spoke on the Bill.

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

S. 457 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND MAJOR ISRAEL BROOKS, JR., OF COLUMBIA UPON BEING NAMED "DISTINGUISHED OFFICER OF THE YEAR" BY BLACKS IN LAW ENFORCEMENT MAGAZINE.

Whereas, since adolescence, Major Israel Brooks, Jr., dreamed of becoming a state trooper; and

Whereas, Major Brooks did not allow racial barriers to prevent him from achieving his lifelong dream; and

Whereas, at age 23, Major Brooks became South Carolina's first black state trooper thereby opening doors for the black population; and

Whereas, after twenty-four years Major Brooks is third in command of the state's largest law enforcement agency; and

Whereas, Major Brooks devotes his time and energy to many civic activities, including lecturing youth and adults throughout the State on social concerns; and

Whereas, Major Brooks has been named "Highway Patrolman of the Year", "Man of the Year", and "Law Enforcement Officer of the Year", and concludes that his flourishing career can be attributed to his fortitude, strong will, determination and endurance; and

Whereas, Blacks in Law Enforcement magazine has named Major Brooks "Distinguished Officer of the Year". Now, therefore,

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

That the members of the General Assembly commend Major Israel Brooks, Jr., upon being named "Distinguished Officer of the Year" by Blacks in Law Enforcement magazine.

Be it further resolved that a copy of this resolution be forwarded to Major Brooks.

Senator MITCHELL spoke on the Resolution.

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

H. 3022 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 44-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE SALE AND USE OF CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO PROVIDE THAT CLEANING AGENTS USED BY INDUSTRY FOR FABRIC OR FIBER CLEANING IS EXEMPT FROM THESE RESTRICTIONS.

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

H. 3053 -- Rep. Keyserling: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.

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

H. 3136 -- Reps. J. Brown, Rudnick, Snow, McMahand, Byrd, Anderson, Holt, Canty, Haskins and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS SO AS TO CHANGE THE NAME OF THE BOARD TO THE BOARD OF PODIATRIC EXAMINERS, TO ADD AN ADDITIONAL MEMBER OF THE BOARD WHO MUST BE ENGAGED IN THE PRACTICE OF PODIATRY, AND TO REVISE AND FURTHER PROVIDE FOR THE QUALIFICATIONS OF MEMBERS OF THE BOARD AND FOR THE MANNER IN WHICH THE PODIATRIST MEMBERS OF THE BOARD ARE SELECTED.

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

H. 3165 -- Reps. P. Harris, Waldrop, Neilson, Allison, Cromer, Haskins, Jaskwhich, Littlejohn, Marchbanks, Mattos, Phillips, Rudnick, Shissias, Snow, Stille, Vaughn, Wells, Whipper, J. Wilder and Wilkes: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE SOUTH CAROLINA AREA AGENCIES ON AGING TO EXPLORE INTEGRATING TOPICS RELATING TO AGING INTO CURRENT PUBLIC SCHOOL CURRICULUM AND TO PROMOTE VOLUNTEERISM WITHIN THE SCHOOL SYSTEM.

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

H. 3208 -- Rep. Spearman: A BILL TO AMEND SECTIONS 56-3-1850 AND 56-3-1870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDAL OF HONOR LICENSE PLATES, SO AS TO PROVIDE THAT THE LICENSE PLATE MAY BE ISSUED AND TRANSFERRED TO A LEASED VEHICLE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTION FOR AD VALOREM TAXES, SO AS TO PROVIDE THAT A LEASED VEHICLE WITH A MEDAL OF HONOR LICENSE PLATE IS EXEMPT FROM AD VALOREM TAXATION.

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

H. 3295 -- Reps. Tucker and D. Smith: A BILL TO AMEND SECTION 27-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY RECOVERED BY THE SHERIFF OR POLICE CHIEF, SO AS TO CHANGE THE TIME FOR A PUBLIC AUCTION TO SIXTY DAYS.

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

H. 3498 -- Reps. Vaughn, Wilkins, Cato, Fair, Clyborne, Jaskwhich, Haskins, Anderson, McMahand, Mattos, M.O. Alexander and Baker: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.

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

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

An invitation from S.C. Petroleum Marketers Association to attend a reception at the Marriott Hotel on Tuesday, March 9, 1993, from 6:00 until 8:00 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

An invitation from Santee Cooper (S.C. Public Service Authority) to attend a luncheon at the Summit Club on Wednesday, March 10, 1993, 1:30 P.M. or immediately upon adjournment.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

An invitation from S.C. Summary Court Judges Association to attend a reception at the Holiday Inn (Assembly) on Wednesday, March 10, 1993, from 6:00 until 8:00 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

An invitation from S.C. Recreation and Parks Association to attend a reception at the Marriott Hotel on Tuesday, March 16, 1993, from 6:00 until 7:30 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

An invitation from S.C. Travel and Tourism Forum to attend a luncheon at the State House (South Lawn) on Wednesday, March 24, 1993, at 1:30 P.M. or immediately upon adjournment.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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

An invitation from National Association of Credit Management to attend a breakfast at the Holiday Inn (Assembly) on Thursday, March 25, 1993, from 7:30 until 9:00 A.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

S. 444 -- Senators Macaulay, O'Dell and Waldrep: A CONCURRENT RESOLUTION EXTENDING BEST WISHES FOR A SPEEDY RECOVERY TO OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY AND DEAR FRIEND, REPRESENTATIVE C.D. CHAMBLEE OF ANDERSON.

Returned with concurrence.

Received as information.

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

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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.

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

S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.

S. 426 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO LIMITATION OF PAPERWORK FILED WITH WORKERS' COMPENSATION COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1500, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 10 -- Senators Martin and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.

Senator COURTNEY explained the Bill.

S. 49 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-9-170 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH TO APPLY TO THE STATE BUDGET AND CONTROL BOARD FOR FUNDS FROM STATE CAPITAL IMPROVEMENT BONDS, TO PROVIDE THE TERMS AND CONDITIONS OF THE DEPARTMENT'S CAPITAL BOND IMPROVEMENT OBLIGATIONS, TO REQUIRE BONDS ISSUED FOR THESE IMPROVEMENTS TO BE REPAID FROM THE REVENUES DERIVED FROM PAYING PATIENTS OF THE DEPARTMENT, AND TO PROVIDE FOR TERMS AND CONDITIONS OF REPAYMENT; AND TO REPEAL SECTION 3, PART II OF ACT 151 OF 1983 RELATING TO SIMILAR PROVISIONS.

S. 79 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 11-35-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF PURCHASES OF FURNITURE, FLOOR AND WALL COVERINGS, AND DECORATIVE AND ORNAMENTAL ITEMS BY A GOVERNMENTAL BODY, SO AS TO INCLUDE EQUIPMENT AND OFFICES OF AN EMPLOYEE WITH DUTIES AND RESPONSIBILITIES SIMILAR TO AN AGENCY DIRECTOR OR ASSISTANT AGENCY DIRECTOR UNDER THE REPORTING REQUIREMENTS.

S. 193 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH ENROLLING AND COLLECTING FOREIGN JUDGMENTS.

S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.

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

H. 3462 -- Reps. Rudnick, Huff, Sharpe, R. Smith and Stone: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE PENALTIES UNDER CERTAIN CIRCUMSTANCES.

S. 16 -- Senators Wilson, Thomas, Ryberg, Courson, Russell and Passailaigue: A BILL TO AMEND SECTION 2-7-71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A FISCAL IMPACT STATEMENT ON A STATE TAX BILL REPORTED OUT OF A STANDING COMMITTEE OF THE GENERAL ASSEMBLY, SO AS TO EXTEND THE REQUIREMENT TO A BILL RELATING TO TAXES FOR ALL POLITICAL SUBDIVISIONS OF THE STATE.

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

The amendment proposed by the Committee on Finance (JIC\5334HC.93) was adopted as follows:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 2-7-76 of the 1976 Code, as added by Act 171 of 1991, is amended to read:

"Section 2-7-76. Whenever a bill or resolution requires a county or municipality to expend funds allocated to the county or municipality from Aid to Subdivisions in the State General Appropriations Act, or whenever a bill or resolution is introduced in the General Assembly to require the expenditure of funds by a county or municipality, or whenever a bill or resolution requires the use of county or municipal personnel, facilities, or equipment to implement a general law or regulations promulgated pursuant to a general law, or whenever a bill relates to taxes imposed by political subdivisions, the chairman of the legislative committee to which the bill or resolution was referred shall direct the Budget Division or the Tax Commission, as appropriate, to prepare and affix to it a statement of the estimated fiscal or revenue impact and cost to the counties and municipalities of the proposed legislation prior to the legislation being reported out of that committee. A revised estimated fiscal or revenue impact and cost statement must be prepared at the direction of the presiding officer of the House of Representatives or the Senate by the Budget Division or Tax Commission prior to third reading of the bill or resolution, if there is a significant amendment to the bill or resolution. For purposes of this section, political subdivision means a county, municipality, school district, special purpose district, public service district, or consolidated political subdivision."/

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bill and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

S. 368 -- Senator Drummond: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.

Senator DRUMMOND explained the Bill.

S. 437 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MEMBERS OF STATE BOARDS, COMMISSIONS, OR COMMITTEES AND THE SCHEDULE OF ALLOWABLE DEDUCTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1523, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 423 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO THE REPEAL OF CERTAIN SALES AND USE TAX REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1521, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 135 -- Senators Rose, Reese and McGill: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE LIST OF CERTAIN MATTERS THAT ARE DECLARED TO BE PUBLIC INFORMATION, SO AS TO ADD TO THAT LIST THE CONTENTS OF ALL RECOMMENDATIONS OR REPORTS GIVEN BY THE LEGISLATIVE AUDIT COUNCIL STAFF TO THE LEGISLATIVE AUDIT COUNCIL.

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 (JUD135.002) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 23 by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Section 30-4-50(A) of the 1976 Code, as last amended by act number 269 of 1992, is further amended by adding an appropriately numbered item to read:

"( ) statistical and other empirical findings considered by the Legislative Audit Council in the development of an audit report."/

Renumber items to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3389 -- Reps. R. Young, Holt, Wofford, Whipper, J. Bailey, Harrell, Hallman, Gonzales, Fulmer and Barber: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION NOT TO REFLECT ON THE DRIVING RECORD OF ANY LICENSED SOUTH CAROLINA DRIVER VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES FOR CARELESS DRIVING AND TO REMOVE ANY SUCH VIOLATIONS PREVIOUSLY PLACED ON THE DRIVING RECORD OF THESE DRIVERS.

Senator SALEEBY 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 second reading of the Resolution.

On motion of Senator SALEEBY, with unanimous consent, the Resolution was referred to the Committee on Banking and Insurance.

H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.

On motion of Senator DRUMMOND, with unanimous consent, further consideration of the Bill was carried over until Tuesday, March 2, 1993.

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

S. 30 -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.

Senator HOLLAND asked unanimous consent to make a motion to take the Bill up for immediate consideration for the purpose of giving the Bill a second reading with notice of general amendments on third reading.

Senator PATTERSON objected.

S. 30 -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.

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

A roll call vote was ordered.

Senator PATTERSON raised a Point of Order under Rule 34B that the motion was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.

Senator PASSAILAIGUE raised a Point of Order that the Point of Order raised by Senator PATTERSON came too late inasmuch as a roll call vote had been ordered.

The PRESIDENT overruled the Point of Order raised by Senator PASSAILAIGUE.

The PRESIDENT sustained the Point of Order raised by Senator PATTERSON.

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

MOTION ADOPTED
On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Thomas Howard Timberlake.

At 12:57 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Monday, June 29, 2009 at 4:08 P.M.