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, by the mercy of God, lift up your hearts with a word from the Book of Deuteronomy (33:27):
"The eternal God is thy refuge
and underneath
Are the everlasting arms... "
Let us pray.
O Thou, the God of goodness, grace, mercy... and glory:
As we stand on the slippery scaffold of life in these days of destiny, and behold the precarious instability of the economic, political, and military world at large, help us to look up and by Your grace, lay hold of the anchor, the true gold standard of the SOVEREIGNTY OF GOD and the BROTHERHOOD OF MAN, and know what the ancient wise man was talking about when he speaks... even to our generation today... of "the everlasting arms".
It is Your desire that we should be a family... and live in a Garden of Eden... in fellowship with You, and in peace with each other. It is mankind who has made it an armed camp of hostility and suspicion, an abattoir of human slaughter and misery.
We know that salvation is still from above! It is the gift of "the everlasting arms".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 21, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Higher Education Commission, with term to expire July 26, 1993:
Howard Love, St. Matthews, S.C. 29135
Referred to the Committee on Education.
The following were received.
Document No. 1101
Promulgated By Board of Podiatry Examiners
Fees
Received by Lt. Governor March 27, 1989
Referred to Senate Committee on Medical Affairs
120 day expiration date July 25, 1989
Document No. 1115
Promulgated By Budget and Control Board (State Fire Commission)
Child and Adult Day Care Facilities
Received by Lt. Governor March 29, 1989
Referred to Senate Committee on Medical Affairs
120 day expiration date July 27, 1989
The following were received.
Document No. 1191
Promulgated By Real Estate Commission
Application Fees
Received by Lt. Governor December 15, 1989
Referred to Senate Committee on Labor, Commerce and Industry
120 day expiration date May 9, 1990
Withdrawn and Resubmitted February 26, 1990
Revised expiration date June 2, 1990
Document No. 1205
Promulgated By Department of Social Services
Child Support Guidelines
Received by Lt. Governor January 23, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 23, 1990
Withdrawn and Resubmitted February 27, 1990
Senator WADDELL introduced Dr. Degenhart of Columbia, Doctor of the Day.
On motion of Senator MACAULAY, Senator McCONNELL was granted a leave of absence for today.
S. 353 -- Senators McGill, Hinds and Land: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT THE REQUIREMENT THAT SET HOOKS MUST HAVE A CERTAIN IDENTIFICATION TAG DOES NOT APPLY IN GAME ZONE NO. 9.
The House returned the Bill with amendments.
On motion of Senator McGILL, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
The following were introduced:
S. 1327 -- Senators Helmly and Rose: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HIGHTOWER FAMILY OF BERKELEY COUNTY ON THEIR DONATION OF A FULLY ENDOWED ATHLETIC SCHOLARSHIP TO THE COLLEGE OF CHARLESTON.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1328 -- Senator Stilwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MACHO NACHO, INC., IN GREENVILLE COUNTY.
Read the first time and referred to the Committee on Judiciary.
S. 1329 -- Senator Shealy: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES OF MOTOR VEHICLE DEALERS, SO AS TO PROVIDE THAT THE REQUIRED SURETY BOND MUST BE MAINTAINED IN AN AMOUNT OF FIFTEEN THOUSAND DOLLARS.
Read the first time and referred to the Committee on Transportation.
S. 1330 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
Read the first time and ordered placed on the Calendar without reference.
S. 1331 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.
Read the first time and ordered placed on the Calendar without reference.
S. 1332 -- Banking and Insurance Committee: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO DEFINE AN UNFAIR TRADE PRACTICE FOR AN AGENT, AN EMPLOYER, AND A MEMBER PARTICIPATING IN THE POOL; REVISE THE DEFINITION OF BOARD; DELETE THE REFERENCE TO THE BOARD OF DIRECTORS OF THE POOL AND PROVIDE FOR THE BOARD TO CONSIST OF THE DIRECTORS; PROVIDE FOR THE POOL TO HAVE THE POWERS GRANTED BY LAW TO INSURANCE COMPANIES LICENSED TO TRANSACT ACCIDENT AND HEALTH INSURANCE INSTEAD OF REFERRING TO INSURANCE AS DEFINED IN THE ACT; AND REVISE WHO MAY APPLY FOR POOL COVERAGE AND THE EXCEPTION FOR EXCLUSIONS FROM POOL COVERAGE.
Read the first time and ordered placed on the Calendar without reference.
S. 1333 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-43-40 SO AS TO ESTABLISH THE PASSING SCORE TO QUALIFY FOR A SOUTH CAROLINA GENERAL EDUCATIONAL DEVELOPMENT (GED) CERTIFICATE AND ESTABLISH FEES FOR THE TESTS.
Read the first time and referred to the Committee on Education.
S. 1334 -- Senator Mitchell: A BILL TO AMEND SECTION 59-65-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE FOR COMPULSORY SCHOOL ATTENDANCE, SO AS TO REQUIRE ATTENDANCE UNTIL THE PUPIL ATTAINS HIS EIGHTEENTH, RATHER THAN SEVENTEENTH, BIRTHDAY OR GRADUATES FROM HIGH SCHOOL.
Read the first time and referred to the Committee on Education.
H. 3517 -- Reps. Kirsh, T.M. Burriss, G. Bailey, Harvin, Kohn, J.W. Johnson, Wells, McCain, Quinn, Wright, L. Martin and Blackwell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCEPTANCE OF BIDS UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO CHANGE THE REQUIREMENTS FOR LISTING SUBCONTRACTORS.
Read the first time and referred to the Committee on Judiciary.
H. 4209 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY OR PHYSICIAN, SO AS TO INCREASE THE MINIMUM CHARGE WHICH MAY BE IMPOSED FOR PROVIDING THIS INFORMATION.
Read the first time and referred to the Committee on Judiciary.
H. 4379 -- Reps. Kirsh, Holt, McLellan, Klapman, McTeer, Blanding and McElveen: A BILL TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-55 SO AS TO AUTHORIZE THE CITADEL BOARD OF VISITORS TO ESTABLISH A NONPROFIT ELEEMOSYNARY CORPORATION FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AND SUPPORT TO THE COLLEGE, TO AUTHORIZE THE TRANSFER OF CERTAIN NONSTATE APPROPRIATED FUNDS OR PROPERTY TO THIS NONPROFIT CORPORATION, AND TO PROVIDE FOR DISCLOSURE AND REPORTING REQUIREMENTS REGARDING THESE FUNDS AND PROPERTY.
Read the first time and referred to the Committee on Finance.
H. 4418 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.
Read the first time and referred to the Committee on Education.
H. 4613 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
H. 4615 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
Read the first time and referred to the Committee on Judiciary.
H. 4646 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA WATER RESOURCES COMMISSION, RELATING TO DROUGHT RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1165, 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 Agriculture and Natural Resources.
H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, 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 Agriculture and Natural Resources.
H. 4648 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND STORAGE TANK CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1108, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4687 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1174, 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 Education.
H. 4688 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR DEPARTMENT OF YOUTH SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1198, 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 Education.
H. 4689 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1209, 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 Education.
H. 4690 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1210, 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 Education.
H. 4692 -- Reps. D. Williams, J. Williams, H. Brown and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-139 SO AS TO ESTABLISH A NO WAKE ZONE ON THE TAIL RACE CANAL IN BERKELEY COUNTY FROM THE HIGHWAY 52 BRIDGE TO ONE HUNDRED YARDS BELOW THE DOCK RESTAURANT.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4656 -- Rep. Blanding: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE SOUTH CAROLINA FEDERATION OF WOMEN'S AND GIRLS CLUB.
Read the first time and on motion of Senator LAND, with unanimous consent, was ordered placed on the Calendar without reference.
H. 4684 -- Reps. Blanding, H. Brown, McKay, McLellan, T. Rogers, Blackwell, Elliott, Boan, Mattos, Washington, McCain, Winstead, J.W. Johnson and Klapman: A JOINT RESOLUTION TO AUTHORIZE THE STATE BOARD OF CORRECTIONS TO SELL TIMBER IN 1990 IN ADDITION TO THE ANNUAL TIMBER SALES PERMITTED BY LAW AND TO PROVIDE THAT THE PROCEEDS MUST BE USED FOR THE SAME PURPOSES AS OTHER TIMBER SALE PROCEEDS ARE USED BY THE BOARD.
Senator HORACE C. SMITH spoke on the Joint Resolution.
Read the first time and on motion of Senator HORACE C. SMITH, with unanimous consent, was ordered placed on the Calendar without reference.
H. 4182 -- Rep. Davenport: A BILL TO AMEND SECTION 7-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO PROVIDE THAT THE VOTING PLACE FOR HILL TOP VOTING PRECINCT IS BETHANY BAPTIST CHURCH.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4685 -- Rep. Wilder: A BILL TO AMEND ACT 501 OF 1971, AS AMENDED, RELATING TO VOCATIONAL EDUCATION IN BARNWELL COUNTY, SO AS TO CHANGE THE MEMBERSHIP OF THE VOCATIONAL EDUCATION SCHOOL BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 243 -- Senators Pope and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
H. 3638 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-2760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE DENIAL OF A LICENSE FOR A PRIVATE CHILD DAY CARE CENTER OR HOME; SECTION 20-7-2880, RELATING TO APPEALS FROM THE WITHDRAWAL OF A STATEMENT OF REGISTRATION FOR A CENTER OR HOME; SECTION 20-7-2920, RELATING TO INJUNCTIONS AGAINST A CHURCH OR RELIGIOUS CENTER OR HOME; AND SECTION 20-7-2940, RELATING TO APPEALS FROM THE SUSPENSION OF REGISTRATION FOR A CHURCH OR RELIGIOUS CENTER OR HOME, SO AS TO PROVIDE FOR APPEALS TO AND INJUNCTIONS IN THE FAMILY COURT INSTEAD OF CIRCUIT COURT AND PROVIDE FOR THE STANDARD OF REVIEW.
Ordered for consideration tomorrow.
Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable with amendments report on:
H. 3714 -- Rep. Mappus: A BILL TO AMEND SECTION 38-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER; AND TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO REDUCE THE BOND REQUIREMENTS FROM FIFTY TO TEN THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 3760 -- Reps. P. Harris, Mattos, J. Harris and Carnell: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF THERE IS PROBABLE CAUSE TO CONTINUE EMERGENCY DETENTION OF A PATIENT.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a majority favorable and Senator J. VERNE SMITH, a minority unfavorable report on:
H. 4086 -- Rep. Sharpe: A CONCURRENT RESOLUTION COMMENDING BAPTIST MEDICAL CENTER, LEXINGTON MEDICAL CENTER, PROVIDENCE HOSPITAL, AND RICHLAND MEMORIAL HOSPITAL, SERVING THE MEMBERS OF THE GENERAL PUBLIC IN THE GREATER COLUMBIA AREA, FOR ADOPTING A POLICY PROHIBITING SMOKING IN THE INTERIOR OF THEIR RESPECTIVE FACILITIES, AND EXPRESSING THE HOPE THAT THEIR ACTION WILL BE A PATTERN TO BE FOLLOWED BY ALL OTHER MEDICAL FACILITIES IN THE STATE WHICH HAVE NOT YET PROMULGATED SUCH A POLICY.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4236 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO PROVIDE FOR THE INSPECTION OF A RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED OR HANDICAPPED PERSONS.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-285 SO AS TO PROVIDE THAT A LICENSE FOR A COMMUNITY RESIDENTIAL CARE FACILITY MUST NOT BE ISSUED WITHOUT AN INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
H. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROHIBIT THE REQUIREMENT TO LABEL A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN IS NOT REQUIRED TO OBTAIN A FEDERAL OR STATE-CONTROLLED SUBSTANCE LICENSE, UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4521 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO ADDITIONAL NEW MEDICAID COVERAGE GROUP, DESIGNATED AS REGULATION DOCUMENT NUMBER 1133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the I-85 Chamber Group to attend a luncheon on the south lawn of the State House on Tuesday, March 6, 1990, beginning at 1:30 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from The Electric Cooperatives of South Carolina, Inc. to attend a Legislative Appreciation Dinner at the Radisson Hotel on Tuesday, March 6, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Associations of Realtors to attend a luncheon reception at the Radisson Hotel on Wednesday, March 7, 1990 immediately after the Senate recesses for lunch.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the DuPont Company to attend a reception at the Marriott Hotel on Wednesday, March 7, 1990, beginning at 6:00 P.M.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Textile Manufacturers Association to attend their Annual Meeting at The Hyatt Hotel scheduled March 8, through March 10.
H. 4156 -- Rep. Harwell: A JOINT RESOLUTION TO NAME THE OVERPASS BRIDGE PRESENTLY UNDER CONSTRUCTION AND LOCATED AT THE INTERSECTION OF U. S. 301 AND S. C. 38 IN DILLON COUNTY THE "S. NORWOOD GASQUE BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
On motion of Senator SALEEBY, with unanimous consent, the Joint Resolution was recalled from the Committee on Transportation.
On motion of Senator SALEEBY, the Joint Resolution was ordered placed on the Calendar for immediate consideration tomorrow.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1323 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND ITS BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE EX OFFICIO MEMBER OF THE BOARD WHO IS THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL SHALL HAVE VOTING PRIVILEGES.
S. 971 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.
S. 752 -- Senator Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-865 SO AS TO REQUIRE THE COURT OR CLERK OF COURT, UPON PRESENTATION OF A VERIFIED PETITION, TO ISSUE A RULE TO SHOW CAUSE CONCERNING THE VIOLATION OF A FAMILY COURT ORDER.
S. 1325 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.
The following Bill having been read the second time was passed and ordered to a third reading:
H. 3691 -- Reps. Harvin, Keegan, Limehouse, G. Bailey, Harwell, Sharpe, McBride, Waites, Keyserling, Corning, Rama, Barfield, Nesbitt, Moss, Cooper, Wilkes, Townsend, J. Brown, J. Bailey, Mappus, Corbett, T.M. Burriss, P. Harris, Rhoad, Whipper, McLeod, Snow, Altman, L. Martin, Felder, Lockemy, Glover, Rudnick, Ferguson, Gordon, R. Brown, McGinnis, Mattos and Wells: A BILL TO AMEND SECTION 34-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON LOANS TO DIRECTORS AND OFFICERS OF BANKS INCORPORATED UNDER THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT DIRECTORS AND OFFICERS OF STATE BANKS MAY BORROW OR OBTAIN CREDIT FROM THESE BANKS IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT DIRECTORS AND OFFICERS OF NATIONAL BANKS ARE PERMITTED TO BORROW OR OBTAIN CREDIT FROM THESE NATIONAL BANKS AS PROVIDED BY LAW.
On motion of Senator MOORE, with unanimous consent, H. 3691 was ordered to receive a third reading on Wednesday, February 28, 1990.
S. 1285 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN PRECINCTS.
Senator BRYAN proposed the following amendment (Doc. No. 0781X), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 7-7-360 of the 1976 Code is amended to read:
"Section 7-7-360. In Laurens County there are the following precincts: Ward 1; Ward 2; Ward 3; Ward 4; Ward 5; Ward 6; Bailey; Trinity Ridge; Wattsville; Barksdale-Narnie; Madden; Clinton 1, Box 1; Clinton 1, Box 2; Joanna; Lydia Mill; Mountville; Hopewell; Jones Store; Owings; Gray Court; Woodville; Shiloh; Dials; Cooks Store; Youngs; Lanford; Grays; Pleasant Mound; Stewart Store; Ora; Long Branch; Cross Hill; Renno; Shady Grove; Waterloo; Tip Top; Daniels Store; Ekom; Mount Olive; Mount Pleasant; Hickory Tavern; Poplar Springs; Princeton; Brewerton; Clinton Mill.
The Except as otherwise provided below, the precinct lines defining the above precincts are as shown on the official map on file with the Division of Research and Statistical Services of the South Carolina Budget and Control Board and as shown on certified copies provided to the State Election Commission and the Board of Voter Registration of the county by the Division of Research and Statistical Services.
The precinct lines defining Wards 1 through 6 are as shown on the official map dated February 26, 1990, prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board which the division shall provide certified copies of to the State Election Commission and the Laurens County Board of Voter Registration."/
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 42 -- Senator Fielding: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HINSON proposed the following previously proposed amendment (Doc. No. 0761o), (printed in the Journal of Tuesday, February 20, 1990), which was adopted, as amended.
Senator HINSON argued in favor of the adoption of the amendment.
On motion of Senator HINSON, with unanimous consent, the amendment was amended as follows (Doc. No. 3064R, G2):
Amend the bill, as and if amended, by striking Section 56-5-5440 of the 1976 Code, as contained in Section 3, and inserting:
/Section 56-5-5440. Any person violating the provisions of this article shall be punished in the same manner as provided for in Section 56-5-6190, unless otherwise provided, must be fined upon conviction not more than twenty-five dollars plus court costs, all or part of which, including court costs, may be suspended.
A person apprehended for operating a vehicle with an expired inspection sticker may only be issued a warning ticket within thirty days of the expiration date of the sticker./
Amend title to conform.
Senator HINSON argued in favor of the adoption of the amendment, as amended.
At 12:34 P.M., on motion of Senator HINSON, the Senate receded from business not to exceed three minutes.
At 12:37 P.M., the Senate resumed.
Senator HINSON spoke on the amendment, as amended.
Senator BRYAN spoke on the amendment, as amended.
Senator HINSON moved that the amendment, as amended, be adopted.
The amendment, as amended, was adopted.
Senators SHEALY, O'DELL, HINSON, MARTSCHINK, PEELER, McCONNELL, POPE and COURSON proposed the following amendment (Doc. No. 0672X), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 37, Chapter 5, Title 56 of the 1976 Code is repealed effective July 1, 1990, except that the provisions of the article continue to apply with respect to vehicles inspected before that date until the expiration of the inspection sticker on the vehicle.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senators SHEALY and GIESE argued in favor of the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Gilbert Hayes Helmly Hinds Land Lee Lourie Matthews McGill Mitchell Moore Mullinax Passailaigue Patterson Setzler Smith, H.C. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Courson Giese Hinson Holland Leatherman Leventis Macaulay Martschink O'Dell Peeler Pope Rose Russell Shealy
The amendment was laid on the table.
Senator MOORE proposed the following amendment (Doc. No. 1619A), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
SECTION ___. Section 56-5-6540(B) of the 1976 Code is amended to read:
"A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop."
Renumber sections to conform.
Amend title to conform.
On motion of Senator MOORE, with unanimous consent, the amendment was withdrawn.
Senator FIELDING proposed the following amendment (Doc. No. 0831o), which was withdrawn:
Amend the bill, as and if amended, by striking Section 56-5-5440 of the 1976 Code, as contained in Section 3, and inserting:
/Section 56-5-5440. Any person violating the provisions of this article shall be punished in the same manner as provided for in Section 56-5-6190, unless otherwise provided, must be fined upon conviction not more than fifty dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted.
A person apprehended for operating a vehicle with an expired inspection sticker may only be issued a warning ticket within thirty days of the expiration date of the sticker./
Amend title to conform.
On motion of Senator BRYAN, with unanimous consent, the amendment was withdrawn.
Senators PEELER, LEE, POPE and LOURIE proposed the following amendment (Doc. No. 0283X), (printed in the Journal of Tuesday, February 20, 1990), which was adopted.
Senator PEELER argued in favor of the adoption of the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY argued contra to third reading of the Bill.
Senator DRUMMOND argued in favor of third reading of the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
On motion of Senator WILSON, with unanimous consent, the Senate adjourned out of respect to the memory of Johnnie W. Looney, Sr., former Mayor of Irmo, S.C.
At 1:25 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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