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 the Psalmist in the 95th Psalm (v. 6):
"O come, let us worship and bow down;
Let us kneel before the Lord, our Maker."
Let us pray.
Our Father, You are the God and Maker of us and all things.
As the camel kneels at break of day to have his master lay upon his back the burdens of the day; even so we in spirit and prayer, yield ourselves to Your empowering, enlightening, and guiding Holy Spirit.
Send us into the struggles of this day renewed by the gifts of rest and prayer.
After our prayer, O Lord, we will salute our flags. Make us the best of citizens.
Add to our salute of our flags a dedication and a devotion to those things for which our flags stand ... justice, respect for each other, and a proper exercise of our freedoms ... "from sea to shining sea."
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 28, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, State Board of Social Work Examiners, with term to commence November 27, 1998, and to expire November 27, 2002:
Independent:
Ms. Jane A. Anker, 155 Jefferson Place, Columbia, S.C. 29212-3131
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, State Board of Examiners in Speech-Language Pathology and Audiology, with term to commence June 1, 1997, and to expire June 1, 2001:
Speech-Language Pathologist:
Ms. Martha S. McDade, 112 Tyborne Circle, Columbia, S.C. 29210
Referred to the Committee on Medical Affairs.
February 2, 1998
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,
David M. Beasley
Reappointment, South Carolina Workers' Compensation Commission, with term to commence June 30, 1998, and to expire June 30, 2004:
At-Large:
Honorable Sherry S. Spence, 280 Bampfield Drive, Mt. Pleasant, S.C. 29464-2501
Referred to the Committee on Judiciary.
February 20, 1998
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,
David M. Beasley
Initial Appointment, Crime Victims' Ombudsman, with term to commence February 20, 1998, and to expire at the pleasure of the Governor:
Ms. Sunny Shelley Philips, 234 South Bull Street, Columbia, S.C. 29205 VICE Burton W. Fowles (resigned)
Referred to the Committee on Judiciary.
February 24, 1998
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,
David M. Beasley
Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1998, and to expire August 1, 2003:
Victim:
Dennis H. Taylor, Ph.D., 1208 Evans Road, Aiken, S.C. 29803
Referred to the Committee on Judiciary.
March 4, 1998
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,
David M. Beasley
Initial Appointment, Advisory Board to the Head and Spinal Cord Injury Division of the Department of Disabilities and Special Needs, with term to commence June 30, 1995, and to expire June 30, 1999:
6th Congressional District:
Mr. G. Harold Liebenrood, 2525 Cottonwood Drive, Florence, S.C. 29501
Referred to the Committee on Medical Affairs.
March 6, 1998
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,
David M. Beasley
Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1997, and to expire July 27, 2000:
2nd Congressional District:
Ms. Sandra R. Corbitt, 4131 Chesterfield Drive, Columbia, S.C. 29202-1874
Referred to the Committee on Labor, Commerce and Industry.
March 8, 1998
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,
David M. Beasley
Initial Appointment, State Board of Barber Examiners, with term to commence June 30, 1997, and to expire June 30, 2001:
Public:
Mr. Frederick M. G. Evans, 326 Old Brass Road, Columbia, S.C. 29223 VICE Ben J. DeLuca, Jr.
Referred to the Committee on Labor, Commerce and Industry.
January 30, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointments, Charleston Naval Facilities Redevelopment Authority, with terms to commence April 24, 1997, and to expire April 24, 2001:
Mr. Eugene R. Ott, 1224 Park Place North, North Charleston, S.C. 29406 VICE Virgil C. Johnston (resigned)
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 29, 1997, and to expire April 29, 2001:
Mr. James S. Minor, Jr., 1064 Yeamans Hall Road, Hanahan, S.C. 29406-2437 VICE Thaddeus J. Bell (resigned)
March 23, 1998
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,
David M. Beasley
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commerce April 24, 1997, and to expire April 24, 2001:
Ms. Susan K. Dunn, 37-B Charlotte Street, Charleston. S.C. 29403 VICE G. Allen Meetze (resigned)
On motion of Senator WILSON, with unanimous consent, the following was ordered printed in the Journal:
Memorandum To: Clerk of the Senate
Clerk of the House
Re: Committee Hearings, March 26, 1998 and March 31, 1998
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
The Citadel (1 seat)
at-large Col. William E. Jenkinson, III (Kingstree)
Clemson University (3 seats)
at-large Harold Doug Kingsmore (Aiken)
Patti McAbee (McCormick)
Joseph D. Swann (Greenville)
Harry Bell (Ward)
Howard Rawl (Gilbert)
College of Charleston (8 seats)
1st District, Seat 1 Joseph F. Thompson, Jr. (Mt. Pleasant)
2nd District, Seat 3 Charlotte Berry (Columbia)
3rd District, Seat 5 Anne T. Sheppard (Laurens)
4th District, Seat 7 Robert S. Small, Jr. (Greenville)
5th District, Seat 9 F. C. McMaster (Winnsboro)
6th District, Seat 11 J. David Watson (Dillon)
at-large, Seat 13 Thomas W. Weeks (Barnwell)
at-large, Seat 15 John F. Clark, III (Columbia)
Francis Marion University (9 seats)
1st District, Seat 1 Worth Roberts (Charleston)
1st District, Seat 2 Melissa N. Johnson (Myrtle Beach)
2nd District, Seat 3 James R. Courie (Columbia)
2nd District, Seat 3 Thomas C. Griffin, Jr. (Columbia)
3rd District, Seat 5 Carolyn B. Shortt (Laurens)
3rd District, Seat 5 Jody Lipford (Laurens)
4th District, Seat 7 H. Randall Dozier (Greenville)
4th District, Seat 7 Marian E. Strobel (Greer)
5th District, Seat 9 W. C. Stanton (Cheraw)
5th District, Seat 9 M. David Shaw (Sumter)
6th District, Seat 11 Peter D. Hyman (Florence)
6th District, Seat 11 Ralph U. Davis (Darlington)
at-large, Seat 13 Dianne Herrington (Marion)
at-large, Seat 13 Alfred H. Agnew (Mullins)
at-large, Seat 13 Robert E. Lee (Florence)
at-large, Seat 15 Allard A. Allston (Florence)
at-large, Seat 15 Laura Crawford (Florence)
at-large, Seat 15 Kenneth Jackson (Florence)
Lander University (8 seats)
1st District, Seat 1 Darlene N. Hyman (Surfside Beach)
2nd District, Seat 3 Maurice Holloway (West Columbia)
3rd District, Seat 5 William G. Stevens (Greenwood)
4th District, Seat 7 Martha S. Whitener (Union)
5th District, Seat 9 Glenn J. Lawhon, Jr. (Hartsville)
6th District, Seat 11 Morgan B. Coker (Florence)
at-large, seat 13 Ray Hunt (Columbia)
at-large, seat 13 Craig White (Greenwood)
at-large, seat 15 Bobby M. Bowers (Columbia)
Medical University of South Carolina (6 seats)
1st District, medical profession Donald R. Johnson, II, M.D.
(Mt. Pleasant)
2nd District, medical profession Thomas C. Rowland, Jr., M.D.
(Columbia)
3rd District, medical profession Stanley C. Baker, Jr., M.D.
(Greenwood)
4th District, non-medical Thomas L. Stephenson (Greenville)
4th District, non-medical John P. Edwards (Travelers Rest)
5th District, non-medical Robert C. Lake, Jr. (Belton)
6th District, non-medical Margaret Addison, B.A. (Holly Hill)
South Carolina State (6 seats)
2nd District, Seat 2 Samuel Glover (Columbia)
3rd District, Seat 3 Charles C. Lewis, Sr. (Anderson)
3rd District, Seat 3 Dorothea Taylor (Ridge Spring)
6th District, Seat 6 Eleazer Carter (Columbia)
6th District, Seat 6 Edward C. Keith (Manning)
6th District, Seat 6 Monnique Singleton (Denmark)
6th District, Seat 6 Joan S. McLeod (Pinewood)
6th District, Seat 6 Rose Hilliard-Wilder (Manning)
at-large, Seat 7 Charles H. Williams, II (Orangeburg)
at-large, Seat 7 Martha Scott Smith (Columbia)
at-large, Seat 8 John Skolds (Columbia)
at-large, Seat 8 Charles H. Johnson (Orangeburg)
at-large, Seat 8 Moses E. Brown (Orangeburg)
at-large, Seat 8 Sharon Wigfall (Mt. Pleasant)
at-large, Seat 9 Leroy Mosely, Jr. (Columbia)
University of South Carolina (8 seats)
1st Judicial Circuit Othniel Wienges, Jr. (St. Matthews)
3rd Judicial Circuit Arthur S. Bahnmuller (Sumter)
5th Judicial Circuit William C. Hubbard (Columbia)
7th Judicial Circuit Toney J. Lister (Spartanburg)
9th Judicial Circuit John von Lehe, Jr. (Charleston)
9th Judicial Circuit Edward K. Pritchard (Charleston)
11th Judicial Circuit Michael J. Mungo (Columbia)
12th Judicial Circuit C. Edward Floyd (Florence)
13th Judicial Circuit Mack I. Whittle, Jr. (Greenville)
Wil Lou Gray Opportunity School (1 seat)
at-large Deborah Lynn Ammons (Irmo)
Winthrop University (2 seats)
at-large Robert Gahagan (Blythewood)
Sanita Savage (West Columbia)
E. Thomas Crowson (Rock Hill)
Senator J. VERNE SMITH introduced Dr. Ted Watson of Greenville, S.C., Doctor of the Day.
At 4:45 P.M., Senator HOLLAND requested a leave of absence for the balance of the day.
H. 3730 -- Reps. Mullen, Rodgers, Limehouse, Pinckney and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136 SO AS TO ESTABLISH "NO WAKE ZONES" ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND IN BEAUFORT COUNTY.
Senator CORK asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
Senator CORK asked unanimous consent to give the Bill a second reading with notice of general amendments.
There was no objection.
The following were introduced:
S. 1156 -- Senators Leventis, Drummond, Waldrep, Giese, Ford and Ravenel: A BILL TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE COMMISSION ON CONSUMER AFFAIRS ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS AND THE OFFICE OF THE ADMINISTRATOR OF CONSUMER AFFAIRS TO THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA CONSUMER PROTECTION CODE"; TO AMEND PART 5, CHAPTER 6, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT AND COMMISSION ON CONSUMER AFFAIRS, SO AS TO MAKE THE SECRETARY OF STATE THE POLICYMAKING AND GOVERNING AUTHORITY OF THE DEPARTMENT AND CHAIRMAN OF COMMISSION, MAKE THE COMMISSION ADVISORY TO THE SECRETARY OF STATE, PROVIDE THAT THE COMMISSION SHALL MEET QUARTERLY INSTEAD OF MONTHLY, AND DELETE THE PROVISION WHICH REQUIRES THE DEPUTY ADMINISTRATOR AND OTHER EMPLOYEES TO SERVE AT THE PLEASURE OF THE ADMINISTRATOR; AND TO AMEND SECTIONS 37-6-601, 37-6-602, 37-6-603, AND 37-6-604, AS AMENDED, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO PROVIDE THAT THE CONSUMER ADVOCATE IS APPOINTED WITH THE APPROVAL OF THE SECRETARY OF STATE INSTEAD OF THE COMMISSION ON CONSUMER AFFAIRS.
Read the first time and referred to the Committee on Judiciary.
S. 1157 -- Senators Leventis, Drummond, Ford, Waldrep, Giese and Ravenel: A BILL TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE ATTORNEY GENERAL ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE SECRETARY OF STATE'S OFFICE ON AUGUST 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.
Read the first time and referred to the Committee on Judiciary.
S. 1158 -- Senator Fair: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 64 SO AS TO ENACT THE "SOUTH CAROLINA STUDENT AND FAMILY PRIVACY AND PROTECTION ACT OF 1998" WHICH PROVIDES PROTECTIONS AGAINST DISCLOSURE OF STUDENT RECORDS AND HEALTH SERVICES WHICH ARE NONCONSENSUAL, ALLOWS PARENTAL INSPECTION OF EDUCATIONAL MATERIALS, PROHIBITS UNAUTHORIZED STUDENT SURVEYS, QUESTIONNAIRES, OR EVALUATIONS, ALLOWS STUDENTS TO BE EXCUSED FROM CERTAIN INSTRUCTION IF IT CONFLICTS WITH THEIR RELIGIOUS BELIEFS, PRESERVES STUDENT PRIVACY RIGHTS, AND PROVIDES PROCEDURES AND REMEDIES TO IMPLEMENT OR PRESERVE THE ABOVE PROTECTIONS.
Read the first time and referred to the Committee on Education.
S. 1159 -- Senator Giese: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING SECTION 33-15-111 AND SECTION 33-31-506, BOTH SO AS TO REQUIRE BIENNIAL FILING OF NOTIFICATION OF ITS CURRENT REGISTERED AGENT BY A CORPORATION WITH THE SECRETARY OF STATE; AND TO AMEND SECTION 33-1-220, AS AMENDED, AND SECTION 33-31-122, BOTH RELATING TO FILING FEES CHARGED BY THE SECRETARY OF STATE, SO AS TO INCLUDE THE TEN-DOLLAR FEE FOR BIENNIAL NOTIFICATION OF A CORPORATION'S CURRENT REGISTERED AGENT.
Read the first time and referred to the Committee on Judiciary.
H. 3830 -- Rep. J. Smith: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO ADD THE DEFINITION OF "PRIZE PROMOTION", TO PROVIDE THAT ANY TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION.
Read the first time and referred to the Committee on Judiciary.
H. 3889 -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: A BILL TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "EMERGENCY SERVICES ACT" SO AS TO PROVIDE THAT PROSPECTIVE AUTHORIZATION FOR TREATMENT IN AN EMERGENCY MEDICAL FACILITY IS NOT REQUIRED IF IN THE OPINION OF THE ATTENDING PHYSICIAN TREATMENT IS NEEDED TO STABILIZE THE CONDITION.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4566 -- Reps. Klauber and Scott: A BILL TO AMEND SECTION 31-3-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF SURPLUS REAL PROPERTY UNDER THE HOUSING AUTHORITIES LAW, SO AS TO ADD LANGUAGE PROVIDING THAT AN AUTHORITY'S REAL ESTATE SHALL NOT BE CONSIDERED "SURPLUS TO ITS NEEDS" WHERE THE AUTHORITY'S COMMISSIONERS HAVE MADE CERTAIN DETERMINATIONS REGARDING THE REAL ESTATE, EVEN THOUGH THE REAL ESTATE IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4666 -- Reps. Campsen, Cotty, Altman, Limehouse, J. Smith, Knotts, Hinson, Littlejohn, Barrett, Young, Keegan, Stille, McMaster, Woodrum, Easterday, R. Smith, Haskins, Riser, Leach, Hamilton, Harrison and Delleney: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.
Read the first time and referred to the Committee on Judiciary.
H. 4706 -- Reps. Fleming, Campsen, Altman, Jennings and Cobb-Hunter: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL OF CERTAIN MOTOR VEHICLE OFFENSES THAT ACTS AS A SUPERSEDEAS, SO AS TO REVISE THE PERIOD WITHIN WHICH IMPOSITION OF THE PENALTY IS PRECLUDED.
Read the first time and referred to the Committee on Judiciary.
H. 4863 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL, RELATING TO WINDOW TINTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2190, 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 Labor, Commerce and Industry.
H. 4882 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO PORT OF PORT ROYAL, APPRENTICE TRAINING AND QUALIFICATION; SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2278, 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 Labor, Commerce and Industry.
H. 4883 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO BOXING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2273, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the General Committee.
H. 4887 -- Reps. Meacham, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE THE TEGA CAY PRECINCT INTO TWO PRECINCTS AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator HAYES, H. 4887 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4907 -- Reps. Knotts, Koon, Riser, Gamble, Spearman, Stuart, Bauer, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE THANKS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO LIEUTENANT ROBERT DRUE "BOBBY" SHARPE, CORPORAL DANNY RUSSELL FRAZIER, CORPORAL DAVID EARL McCASKIL, AND OFFICER BRYAN KEITH PREVETTE, MEMBERS OF THE WEST COLUMBIA POLICE DEPARTMENT'S RESERVE POLICE OFFICER PROGRAM, FOR THEIR EXEMPLARY VOLUNTEER SERVICES TO THE CITIZENS AND POLICE DEPARTMENT OF THE CITY OF WEST COLUMBIA.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator THOMAS from the Committee on Corrections and Penology has polled out S. 205 favorable with amendments:
S. 205 -- Senators Thomas, Lander and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-570 SO AS TO PROVIDE PROCEDURES TO COLLECT RESTITUTION AND FINES FROM PERSONS RELEASED ON PROBATION, PAROLE, SUPERVISED FURLOUGH, OR CONDITIONAL RELEASE; AND TO AMEND ACT 437 OF 1996 RELATING TO CRIME VICTIMS AND RESTITUTION, SO AS TO DELETE PROVISIONS RELATING TO THE IMPLEMENTATION OF SUCH ACT.
Thomas Bryan Giese Wilson Patterson Ford Glover Gregory Ryberg Hayes Lander Waldrep Martin Mescher Branton
Short
Fair Anderson
Ordered for consideration tomorrow.
Columbia, S.C., March 26, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3421 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Senator MOORE was recognized to address the Senate and made a brief report on behalf of the subcommittee.
On motion of Senator MOORE, with unanimous consent, the date to compile and issue a report to the Senate was extended to no later than Friday, May 1, 1998.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4354 -- Reps. Cato, Kirsh, Mason, Sandifer and Seithel: A BILL TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REFLECT THE MERGER OF THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE SAVINGS AND LOAN LEAGUE.
Senator SALEEBY explained the Bill.
H. 4543 -- Rep. Gamble: A BILL TO AMEND SECTION 34-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM AMOUNTS OF BANK LOANS, SO AS TO CONFORM THE AMOUNTS TO FEDERAL LAW BY SETTING THE MAXIMUMS AS PERCENTAGES OF THE BANK'S UNIMPAIRED CAPITAL AND BY DEFINING "UNIMPAIRED CAPITAL".
Senator SALEEBY explained the Bill.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3792 -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
The following Joint Resolution, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 1055 -- Senators Drummond, Bryan, Lander, Courson, J. Verne Smith, Elliott, Mescher, O'Dell, Ford, Reese, Short and Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY.
H. 4640 -- Reps. Rhoad, Sharpe, Barfield, T. Brown and Webb: A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW DEVICES.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (4640.A01.COM), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 4640-2, line 33 by adding an /(A)/ after /Section 1./ but before /All/ to read as follows:
/"SECTION 1. (A) All persons engaged in pesticide operations shall"/.
Amend the bill further, in SECTION 1, page 4640-3, line 4 by adding the following to read:
/"(B) Any person who violates any provision of this section or any regulation promulgated hereunder shall be subject to the criminal and/or civil penalties as provided by Section 46-9-90."/.
Amend title to conform.
Senator LEVENTIS explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4691 -- Reps. Sharpe, Rhoad, Spearman, Limehouse, Davenport, Witherspoon, Littlejohn and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 47 SO AS TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998, INCLUDING PROVISIONS AND DEFINITIONS RELATING TO ADMINISTRATION OF THE ACT BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE DIRECTOR, DIVISION OF LIVESTOCK-POULTRY HEALTH
PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING RENDERING OPERATIONS, AND PROVIDING PROVISIONS FOR PERMITS, INSPECTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (4691.A01.PPL), which was adopted:
Amend the bill, as and if amended, in SECTION 1, Section 47-22-80, on page 4691-6, line 13, by deleting Section 47-22-80 in its entirety and adding in lieu thereof the following:
/"Section 47-22-80. Any person who violates any provision of this chapter or any regulation promulgated hereunder shall be subject to the criminal and/or civil penalties as provided by Section 47-4-130 of this title."/.
Amend title to conform.
Senator LEVENTIS explained the committee amendment.
The amendment was adopted.
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 Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
H. 4867 -- Reps. Simrill and Kirsh: A BILL TO AMEND ACT 270 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 IN YORK COUNTY, SO AS TO PROVIDE THAT THE SCHOOL DISTRICT RATHER THAN YORK COUNTY SHALL PAY FOR THE COST OF THE ELECTIONS.
On motion of Senator HAYES, H. 4867 was ordered to receive a third reading on Wednesday, April 1, 1998.
S. 1137 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, S. 1137 was ordered to receive a third reading on Wednesday, April 1, 1998.
S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SETZLER, with unanimous consent, S. 1138 was ordered to receive a third reading on Wednesday, April 1, 1998.
S. 1059 -- Senators Saleeby and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE
DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
On motion of Senator GIESE, with unanimous consent, S. 1059 was ordered to receive a third reading on Wednesday, April 1, 1998.
H. 3901 -- Reps. Sharpe and McLeod: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Senator LANDER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator LANDER explained the Bill.
On motion of Senator LANDER, with unanimous consent, H. 3901 was ordered to receive a third reading on Wednesday, April 1, 1998.
To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of H. 3901.
H. 4826 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO IMPORTATION OF LIVESTOCK, SHEEP AND GOATS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO VESICULAR STOMATITIS RESTRICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2235, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator LEVENTIS explained the Bill.
S. 1154 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE THE TEGA CAY PRECINCT INTO TWO PRECINCTS AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
On motion of Senator HAYES, the Bill was taken up for immediate consideration.
On motion of Senator HAYES, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HAYES, S. 1154 was ordered to receive a third reading on Wednesday, April 1, 1998.
Senator HAYES moved to reconsider the vote whereby the Bill was ordered to receive a third reading on Wednesday, April 1, 1998.
There was no objection.
On motion of Senator HAYES, the Bill was committeed to the York County Delegation.
H. 3789 -- Reps. Limehouse, Altman, Hawkins, Chellis, J. Brown, Easterday, Cato, Edge, Maddox, Beck, Webb, Tripp, Byrd, Whatley, Littlejohn, Riser, Inabinett and Harrell: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING CERTAIN FISH, SO AS TO DELETE SIZE LIMITATIONS FOR SPOTTED SEA TROUT AND RED DRUM; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AND ADJUST SIZE AND THE MAXIMUM NUMBER OF DAILY TAKE OF FISH WITHIN SPECIFIED LIMITS FOR TWELVE SPECIES OF SALTWATER FISH.
Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (GJK\21367SD.98), which was adopted:
Amend the bill, as and if amended, in Section 50-17-510(D)(1) of the 1976 Code, as contained in SECTION 1, beginning on line 36, page 1, by deleting /The catch limit on spotted sea trout is ten fish./
Amend the bill further, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION _____. Section 50-17-520 of the 1976 Code is amended to read:
"Section 50-17-520. Spotted sea trout (winter trout), Cynoscion nebulosus, and red drum (channel bass), Sciaenops ocellatus, are game fish. It is unlawful to take or attempt to take either species in the waters of this State, except by cane pole, using hook and line, rod and reel, or by gigging. It is unlawful to gig for spotted sea trout or red drum between December first and March first. It is unlawful for a person to have in possession a red drum or spotted sea trout while fishing or transporting a gill net, seine, or other commercial fishing equipment.
A fish of either species caught in the devices must be returned to the water immediately. Bona fide mariculture operations may collect spotted sea trout and red drum with commercial fishing equipment or import either species for brood stock or culture purposes under special permit from the department.
A wholesale or retail seafood dealer or other business who imports red drum or spotted sea trout from another state or country where the taking and sale of the fish is lawful shall have in possession a bill of sale or other proof of origin for each lot or shipment of the fish received before the fish may be sold. Red drum or spotted sea trout grown in mariculture operations may be sold in this State if the fish are marked and identified properly.
It is unlawful for a person to take or have in possession more than fifteen ten spotted sea trout or five red drum in any one day. It is unlawful for a person to have in possession more than twenty flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day. The possession limit does not apply to mariculture operations or to the sale of properly identified fish imported by seafood dealers as provided in this section. The species named in this section must be landed with the head and tail fins intact. The department may promulgate emergency regulations for size and catch limits on red drum, spotted sea trout, and flounder in the event of natural or man-induced phenomena which threaten the future status of the resource.
The penalties for convictions of violations of this section are as provided in Section 50-17-100 and each fish possessed, sold, offered for sale, purchased, or attempted to be purchased in violation of this section is a separate offense."/
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, with unanimous consent, H. 3789 was ordered to receive a third reading on Wednesday, April 1, 1998.
H. 4679 -- Rep. Barfield: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SECRETARY OF DEFENSE TO REESTABLISH CIVILIAN CONTROL OVER THE MILITARY DEPARTMENTS AND EFFECTIVE CUSTODIANSHIP OVER THE ARMY NATIONAL GUARD AND TO MEMORIALIZE CONGRESS TO SUPPORT AND MONITOR THE SECRETARY OF DEFENSE IN THESE MATTERS AND TO PROVIDE FOR CERTAIN SENIOR NATIONAL GUARD OFFICERS TO BE OF SUFFICIENT RANK AND AUTHORITY TO PARTICIPATE IN THE DEFENSE BUDGETING PROCESS.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 947 -- Senators Ryberg, Hayes, Gregory, Drummond, Holland, J. Verne Smith, Leatherman, Bryan, Courson, Giese, Thomas, Wilson, Russell, McGill, O'Dell, Reese, Lander, Martin, Waldrep, Alexander, Fair, Grooms and Anderson: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO PROVIDE FOR A ONE-YEAR LICENSE PERIOD FOR VIDEO GAMES WITH A FREE PLAY FEATURE FOR LICENSES ISSUED FOR A PERIOD BEGINNING AFTER MAY 31, 1998, AT A FEE OF FOUR THOUSAND DOLLARS; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator HOLLAND, with unanimous consent, the members of the Judiciary Committee were granted leave to attend a meeting of the committee this afternoon and be counted in any quorum calls.
Senator PASSAILAIGUE argued contra to the Bill.
On motion of Senator MOORE, with unanimous consent, Senators O'DELL, ALEXANDER and MOORE were granted leave to attend a meeting of a Committee of Conference and be counted in any quorum calls.
Senator PASSAILAIGUE argued contra to the Bill.
Senator MARTIN assumed the Chair at 2:15 P.M.
Senator PASSAILAIGUE argued contra to the Bill.
Senator RAVENEL raised a Point of Order the Bill was violative of Section 2-7-76, S.C. Code of Laws, 1976, as amended, inasmuch as a fiscal impact statement pertaining to the impact on local government revenues was not affixed to the Bill when reported out of committee and the Bill was not properly before the Senate.
The ACTING PRESIDENT overruled the Point of Order.
Senator MOORE asked unanimous consent to make a motion that while the Committee on Judiciary was meeting that no Points of Quorum be raised nor any substantive votes be taken or that, in the alternative, if any votes be taken, that the committee members be notified.
Senator PATTERSON objected.
Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
Senator REESE recorded his presence subsequent to the Call of the Senate.
A quorum being present, the Senate resumed.
Senator PASSAILAIGUE continued arguing contra to the Bill.
The PRESIDENT assumed the Chair at 3:07 P.M.
Senator PASSAILAIGUE argued contra to the Bill.
At 3:12 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 3:17 P.M., the Senate resumed.
Senator PASSAILAIGUE argued contra to the Bill.
Senator MARTIN assumed the Chair at 4:18 P.M.
Senator PASSAILAIGUE continued arguing contra to the Bill.
Senator BRANTON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator RYBERG moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Hutto Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senator PASSAILAIGUE continued arguing contra to the Bill.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator PASSAILAIGUE retaining the floor.
Having received a favorable report from the Charleston County Delegation, on motion of Senator PASSAILAIGUE, the following appointments were confirmed in open session:
Initial Appointments, Charleston Naval Facilities Redevelopment Authority, with terms to commence April 24, 1997, and to expire April 24, 2001:
Ms. Susan K. Dunn, 37-B Charlotte Street, Charleston, S.C. 29403 VICE G. Allen Meetze (resigned)
Mr. Eugene R. Ott, 1224 Park Place North, North Charleston, S.C. 29406 VICE Virgil C. Johnston (resigned)
Initial Appointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 29, 1997, and to expire April 29, 2001:
Mr. James S. Minor, Jr., 1064 Yeamans Hall Road, Hanahan, S.C. 29406-2437 VICE Thaddeus J. Bell (resigned)
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Chief Warrant Officer Harold E. "Speedy" Wilson, Sr., U. S. Marine Corps (Ret.) of Lexington County, recipient of the Medal of Honor, the nation's highest honor for military bravery.
At 5:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.
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