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, in the ancient Book of I Kings, Chapter 19, we read (vv. 9-11):
"And the word of the Lord came to him:
`What are you doing here, Elijah?'
He replied, `I have been zealous for the
Lord God Almighty... I am the only
one left, and now they are trying to kill
me too'.
"The Lord said, `Go out and stand on the
mountain in the presence of the Lord, for the
Lord is about to pass by.'"
Let us pray.
Lord God, Jehovah, spare us the mistake that Elijah made in thinking that he was the only good and faithful man left in the world.
We know that there were many faithful ones in the time of Elijah that had not bowed the knee to Baal, the heathen God.
We know that we do not find God necessarily in the storm... nor the earthquake... nor even in the fire of debate.
But give us tolerance... and charity... toward those who may use slogans different from ours, and who may speak a different dialect of devotion. So, dear Lord, speak to our listening consciences in the quiet of this prayer period... in the Name of the God of Elijah!
Amen.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Giese Glover Gregory
Hayes Holland Jackson
Land Lander Leatherman
Leventis Martin McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 1489
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Yard Trash and Land-Clearing Debris; and Compost
Received by Lt. Governor April 15, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date March 22, 1993
Withdrawn and Resubmitted February 3, 1993
Withdrawn and Resubmitted March 17, 1993
Revised expiration date April 6, 1993
Senator HOLLAND introduced Dr. John B. Dubose of Camden, S.C., Doctor of the Day.
On motion of Senator McCONNELL, at 11:00 A.M., Senator MACAULAY was granted a leave of absence for today.
On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS.
Senator MOORE asked unanimous consent to make a motion to recall the Bill from the Legislative Council and reconsider the vote whereby the Senate read the Bill the third time.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was ordered placed on the Calendar for consideration.
The following were introduced:
S. 564 -- Senator O'Dell: A CONCURRENT RESOLUTION TO COMMEND W. C. HUNTER OF BELTON, SOUTH CAROLINA FOR HIS DEDICATION TO PERSONS WITH DISABILITIES AND IN CONCEIVING AND IMPLEMENTING THE "BUCK-A-CUP MEANS BRACE-A-CHILD" SLOGAN.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 565 -- Senators Moore, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, 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 DESIGNATE THE WEEK BEGINNING OCTOBER 17, 1993, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 566 -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO NAME THE DIVISION OF MOTOR VEHICLES OFFICE BUILDING OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO BE BUILT AT BALLENTINE IN RICHLAND COUNTY IN HONOR OF A. W. UTSEY, JR.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO-DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.
Read the first time and referred to the General Committee.
S. 568 -- Senator Waldrep: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-COURT STATEMENTS BY CHILDREN, SO AS TO PROVIDE THAT THESE STATEMENTS ARE ADMISSIBLE IN PROCEEDINGS FOR DETERMINING WHETHER THE DEPARTMENT OF SOCIAL SERVICES HAD CAUSE TO INITIATE SERVICES IN ABUSE CASES AND WHETHER THE SERVICES ARE REASONABLE.
Read the first time and referred to the Committee on Judiciary.
S. 569 -- Senators Bryan, Richter, Courson, Setzler, Stilwell, Martin, Mitchell, Giese and Rankin: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.
Read the first time and referred to the Committee on Judiciary.
S. 570 -- Senators Courson and Ryberg: A BILL TO LIMIT THE NUMBER OF BILLS AND JOINT RESOLUTIONS WHICH A MEMBER OF THE GENERAL ASSEMBLY MAY INTRODUCE AS CHIEF SPONSOR IN AN ANNUAL REGULAR SESSION OF THE GENERAL ASSEMBLY, AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Judiciary.
S. 571 -- Senator Saleeby: A BILL TO AMEND SECTION 57-3-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND AND OATH OF THE SECRETARY-TREASURER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO CHANGE THE NAME OF THE SECRETARY-TREASURER.
Read the first time and referred to the Committee on Transportation.
Senator DRUMMOND from the Committee on Finance submitted a favorable report on:
S. 486 -- Senator Passailaigue: A BILL TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT A RETAILER IN THE UNINCORPORATED AREA OF THE COUNTY MAKING DELIVERIES IN MUNICIPALITIES IN THE COUNTY DOES NOT HAVE TO REPORT SUCH SALES SEPARATELY.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 511 -- Senators G. Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 512 -- Senators G. Smith and Williams: A BILL TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR CERTAIN PRIVATE PONDS, SO AS TO ALLOW FOR THE LICENSING OF CERTAIN FISHING FACILITIES IN LIEU OF INDIVIDUAL LICENSES.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 513 -- Senators G. Smith and Williams: A BILL TO AMEND SECTION 50-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR USE OF INTERTIDAL OR SUBTIDAL BOTTOMS FOR SHELLFISH CULTURE OR MARICULTURE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY INCREASE TO A MAXIMUM OF ONE THOUSAND ACRES THE ACREAGE FOR SHELLFISH MARICULTURE OF AN APPLICANT WHO IS FULLY UTILIZING THE AREAS CURRENTLY PERMITTED, HAS MET PERMIT CONDITIONS, AND HAS DEMONSTRATED A NEED FOR SHELLFISH GROWING AREAS IN EXCESS OF FIVE HUNDRED ACRES.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
S. 514 -- Senators G. Smith and Williams: A BILL TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:
S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 3563 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO DELETE THE REQUIREMENT FOR THE HUNTING OF RACCOON IN GAME ZONE 11 TO BE AT NIGHT.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 509 favorable with amendment:
S. 509 -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND THE COMMITTEE HEARING ROOMS IN THE GRESSETTE BUILDING ON THURSDAY, DECEMBER 2, 1993, AND FRIDAY, DECEMBER 3, 1993, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3624 favorable with amendment:
H. 3624 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 18, 1993, FOR ITS ANNUAL STATE HOUSE MEETING.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3625 favorable:
H. 3625 -- Reps. J. Harris, H. Brown and Spearman: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT ASSEMBLY OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 28, 1993, AT 12:00 NOON, AND RECOGNIZING AND COMMENDING THE 1993 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN THE PALMETTO STATE.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3705 favorable:
H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 1:00 P.M. ON WEDNESDAY, MARCH 24, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from DuPont to attend a reception at the Marriott on Tuesday, March 23, 1993, from 6:00 until 8:00 P.M.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Mid-State S.C. Chapter/Alzheimer's Association to attend a dinner at the Hall Institute Cafeteria on Wednesday, March 24, 1993, from 6:00 until 8:00 P.M.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. AFL-CIO to attend a reception at the Town House on Tuesday, March 30, 1993, from 6:00 until 8:00 P.M.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. State Prayer Fellowship to attend a breakfast at the Embassy Suites on Wednesday, March 31, 1993, beginning at 7:45 A.M.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Manufactured Housing Institute of S.C. to attend a reception at the State House Grounds/McNair Mall on Wednesday, March 31, 1993, from 6:00 until 8:00 P.M.
Courson Peeler Matthews
Thomas Stilwell Russell
O'Dell Passailaigue
Patterson Wilson
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3216 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.
H. 3217 -- Rep. Wofford: A BILL TO AMEND SECTION 44-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF CHILD IN NEED OF TREATMENT VOLUNTARILY ADMITTED, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-60, RELATING TO EMERGENCY ADMISSIONS OF CHILDREN, SO AS TO REQUIRE THE REASONS WHY VOLUNTARY ADMISSION IS NOT POSSIBLE AS BASIS FOR EMERGENCY ADMISSION AND TO REQUIRE PHYSICIANS PERFORMING EXAMINATIONS TO CONSIDER MEDICAL RECORDS THAT ARE AVAILABLE; TO AMEND SECTION 44-24-70, RELATING TO TAKING INTO CUSTODY A CHILD WHO MAY CAUSE SERIOUS HARM, SO AS TO REVISE THE REFERENCES TO CERTAIN CLASSIFICATIONS OF CHILD PATIENTS; TO AMEND SECTION 44-24-80, RELATING TO TRANSPORTING A CHILD TO THE HOSPITAL, SO AS TO REVISE CERTIFICATE REQUIREMENTS; TO AMEND SECTION 44-24-90, RELATING TO PROCEDURES FOR JUDICIAL ADMISSION, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 44-24-110, RELATING TO JUDICIAL ADMISSIONS, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 44-24-140, RELATING TO COMMITMENT OF CHILDREN FOR TREATMENT, SO AS TO BROADEN THE TYPE FACILITIES CHILDREN MAY BE COMMITTED TO; TO AMEND SECTION 44-24-150, RELATING TO COMMITMENT FOR EVALUATION PURPOSES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-170, RELATING TO RE-EXAMINATIONS, SO AS TO CHANGE AN INTERNAL REFERENCE; AND TO AMEND SECTION 44-24-240, RELATING TO AGENCIES PROVIDING SERVICES, SO AS TO MAKE A TECHNICAL CORRECTION.
H. 3218 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A STATE HOSPITAL, SO AS TO INCREASE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS OF AGE AND TO DELETE VOLUNTARY ADMISSION FOR THOSE UNDER SIXTEEN YEARS OF AGE.
H. 3219 -- Rep. Wofford: A BILL TO AMEND SECTION 44-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO ADD REFERENCES TO CHAPTERS OVER WHICH THE COMMISSION HAS AUTHORITY TO EXERCISE CERTAIN POWERS.
H. 3018 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING TO FORM A BLUE RIBBON TASK FORCE TO STUDY THE PLANNING, COORDINATION, AND DELIVERY OF SERVICES TO ALZHEIMER'S VICTIMS AND THEIR FAMILIES, TO RECOMMEND AN ORGANIZATIONAL STRUCTURE TO HAVE PRIMARY RESPONSIBILITY FOR THESE FUNCTIONS, AND TO REPORT TO THE COMMITTEE.
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.
H. 3163 -- Reps. Cobb-Hunter, Waites, Harwell, Wofford, Rogers, Stille, Baxley, Byrd, Thomas, Mattos, McMahand, Littlejohn, Whipper, Canty, Hines, Gonzales, Simrill, Wright, Harvin, McTeer, J. Harris, Meacham and Shissias: A JOINT RESOLUTION TO RENAME THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.
The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 254 -- Senator Drummond: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.
S. 551 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1498, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 552 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, RELATING TO MINIMUM ELIGIBILITY REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 553 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIMINATION OF MEDICALLY NEEDY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1572, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 554 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ANNUAL RENEWAL AND LATE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1516, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 555 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO COMPUTERIZED ADAPTIVE TESTING; ISSUING PERMIT TO CANADIAN LICENSEES WHO HAVE PASSED THE COMMISSION ON GRADUATES OF FOREIGN NURSING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1585, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 556 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PROCEDURES FOR CONTESTED CASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1477, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 557 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1467, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 558 -- Senators Passailaigue, Rose, McConnell, Mescher and Richter: A BILL TO AMEND SECTION 13-12-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15 OF THE 1976 CODE, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220 OF THE 1976 CODE, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
H. 3676 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES, TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED AND PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SETZLER proposed the following amendment (3676R001.NGS), which was adopted:
Amend the bill, as and if amended, by inserting on page 2, line 18, after the word /visa/ by inserting the following:
/or an individual working in South Carolina on a work visa who may be issued a license to be renewed annually/.
Amend the bill further, as and if amended, page 2, line 21, by inserting after the word /licenses/ the following:
/; however, the granting of such a license shall not be used as evidence of meeting the residency requirements of Section 59-112-20/.
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 229 -- Senator Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.
Senator MARTIN explained the Bill.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
H. 3671 -- Rep. Spearman: A BILL TO ABOLISH THE SALUDA COUNTY MEDICAL BUILDING BOARD AND DEVOLVE ALL POWERS AND DUTIES OF THE BOARD UPON THE SALUDA COUNTY COUNCIL AND TO REPEAL ACT 810 OF 1946 AND ACT 1116 OF 1960 RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE BOARD.
On motion of Senator LANDER, H. 3671 was ordered to receive a third reading on Friday, March 19, 1993.
S. 306 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE TAX NOTICES, SO AS TO REQUIRE SUCH NOTICES TO INCLUDE A STATEMENT THAT A DAMAGED OR HIGH MILEAGE VEHICLE MAY BE ELIGIBLE FOR A LOWER ASSESSMENT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (JIC\5550HC.93), which was adopted:
Amend the bill, as and if amended, by striking the paragraph contained in SECTION 1, page 1, and inserting:
/Tax bills (notices) for county assessed personal property valued in accordance with applicable Tax Commission regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period. A motor vehicle tax bill must also note that a significantly damaged or high mileage vehicle upon appeal may be eligible for a lower assessment./
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The Transportation Committee proposed the following amendment (402R001.JCL), which was adopted:
Amend the bill, as and if amended, by striking lines 30 and 31, and inserting in lieu thereof the following:
/officer of the State. No court costs may be assessed for a person convicted of violating the provisions/
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3510 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (LITTLE PEE DEE RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD235.003) proposed by Senator STILWELL and previously printed in the Journal of Wednesday, March 17, 1993.
Senator RICHTER spoke on the Bill.
On motion of Senator McCONNELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading, with Senator RICHTER retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 208 -- Senators Hayes, Ryberg, Wilson, Russell, J. Verne Smith, Drummond, Martin, Thomas and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO FURTHER REGULATE COIN-OPERATED MACHINES AND DEVICES LICENSED UNDER THE PROVISIONS OF SECTION 12-21-2720; TO REPEAL, EFFECTIVE JULY 1, 1994, SECTION 16-19-60 RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.
On behalf of the Chairmen's Committee, Senator MOORE moved that the Bill be made a Special Order.
The Bill was made a Special Order.
S. 184 -- Senators Stilwell, Bryan, Washington, Hayes and Waldrep: A BILL TO AMEND SECTION 23-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF THE ELECTION OF SHERIFFS, SO AS TO PROVIDE THAT SHERIFFS MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE TIME OF THE GENERAL ELECTION; TO REQUIRE A SPECIAL ELECTION TO FILL A VACANCY FOR SHERIFF TO BE A NONPARTISAN ELECTION; TO PROVIDE FOR NOMINATION BY PETITIONS AND THE METHOD OF DECLARING THE RESULT; TO PROHIBIT CERTAIN POLITICAL ACTIVITY BY CANDIDATES FOR SHERIFF; AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Senator STILWELL moved that the Bill be made a Special Order.
Senator WILSON objected.
The Bill was made a Special Order.
On motion of Senator SETZLER, the Senate agreed to dispense with the remainder of the Motion Period.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator GIESE moved that the Bill be carried over.
Senator McCONNELL moved to table the motion to carry over.
The motion to carry over the Bill was laid on the table.
Senator McCONNELL spoke on the Bill.
Senator HAYES proposed the following Amendment No. 1 (JUD416.008), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 26, by striking SECTION 1 in its entirety and inserting therein the following:
/SECTION 1. Article 11, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation:
(1) was extended to the member of the General Assembly by virtue of his membership in an authorized group pursuant to Section 2-17-90(A)(1);
(2) was in writing; and
(3) was delivered to the chairman of an authorized group other than the entire membership of the House, Senate, or General Assembly prior to the actual event for which the invitation was extended, or if the invitation was extended to the entire membership of the House, Senate, or General Assembly, the invitation was delivered to the House or Senate Invitations Committee pursuant to House or Senate rules."/ .
Amend title to conform.
Senator HAYES argued in favor of the adoption of the amendment.
Senator HAYES moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE spoke on the Bill.
Senator MOORE desired to be recorded as voting against the adoption of the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator MOORE desired to be recorded as voting against the third reading of the Bill.
S. 377 -- Fish, Game & Forestry Committee: 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.
On motion of Senator MOORE, with unanimous consent, the Resolution was carried over.
S. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.
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.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Resolution was carried over.
S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.
On motion of Senator WILLIAMS, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session.
Reappointment, Member, Jasper County Voter Registration Board, with term to expire March 15, 1994:
Reverend Richard Williams, Post Office Box 81, Hardeeville, S.C. 29276
On motion of Senator WASHINGTON, the appointment was confirmed.
Reappointments, Lee County Magistrates, with terms to expire April 30, 1994:
Honorable Albert Bradley, Route 1, Box 191, Mayesville, S.C. 29104
Honorable Anna Chandler, Route 3, Box 107A, Bishopville, S.C. 29010
Honorable Robert Hancock, Route 1, Box 108, Dalzell, S.C. 29040
Honorable Joseph Thomas, Sr., Post Office Box 64, Lynchburg, S.C. 29080
Honorable Davis A. White, Post Office Box 2, Bishopville, S.C. 29010
Honorable Alston W. Woodham, Route 2, Box 104, Bishopville, S.C. 29010
On motion of Senator LAND, the appointments were confirmed.
MOTION ADOPTED
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Max Holland of Rock Hill, South Carolina.
Senator MOORE moved that when the Senate adjourns on Friday, March 19, 1993, it stand adjourned to meet next Tuesday, March 23, 1993, at 12:00 Noon, which motion was adopted.
At 12:07 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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