South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

THURSDAY, MAY 24, 1990

Thursday, May 24, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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, St. Paul wrote to the believers in Philippians (2:13):

"For it is God that worketh in you,

Both to will and to do His good

pleasure."
Let us pray.

Have mercy, O Lord, upon Thy servant, Theo Mitchell and his family in the passing of his brother, Clyde. May they be sustained by the gifts of the Holy Spirit and the support of the Gospel of the Resurrection!

As we come, O Blessed Lord, to another day that will require our most intense concentration, we pray for the energizing power of the Holy Spirit.

Each day, Lord, we are buffeted with the calls of many claims and many groups espousing many causes. Grant us, individually, disciplined minds, and, together, a disciplined corporate will to determine priorities, and such strength of character to defend the pursuit of these priorities with every erg of energy that we possess.

Give us in these days the grace of perseverance in what we believe deep in our souls is the right course of action... in the Name of Him who knew what it was to carry the burden of a cross.

Amen.

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

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

May 22, 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.

Statewide Appointment

Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:

Hampton/Allendale:

Col. Carl L. Brunson, Route 2, Box 194, Fairfax, South Carolina 29827 VICE Robert H. Gifford

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

May 23, 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.

Local Appointment

Reappointment, Member, Saluda County Magistrate, Assistant Magistrate, with term to expire April 30, 1994:

Honorable Sam Pou, Route 4, Box 378, Saluda, South Carolina 29138

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

May 23, 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.

Local Appointment

Reappointment, Member, Saluda County Magistrate, Chief Magistrate, with term to expire April 30, 1994:

Honorable Bruce Horne, Route 3, Box 89, Saluda, South Carolina 29138

COMMUNICATION RECEIVED
Resolution

The South Carolina Textile Manufacturers Association's Board of Directors express to Senator Edward E. Saleeby and his subcommittee, to Senator Marshall B. Williams and the Senate Judiciary Committee, and to the full Senate, our appreciation for the deliberate and corrective action taken to make badly needed changes in House Bill 4613, the Lobbying Bill. We urge the General Assembly to support passage of Senate Bill 1524, or a compromise acceptable to the business community which would include changes necessary to bring us into compliance with lobbying laws in our neighboring southern states. It is our understanding that this Bill will now be before a House-Senate Conference Committee and we support only the version agreed upon in the Senate, Senate Bill 1524, or a compromise acceptable to the business community.

/s/F.B. Dent, Jr.   /s/E.S. McKissick, III
/s/H.D. Kingsmore   /s/R.J. Stripling, Jr.
/s/E.B. Rice, Jr.   /s/George E. Stone
/s/R.H. Chapman, Jr.   /s/W. Marshall Chapman
/s/J. Patrick Danahy   /s/M.L. Cates, Jr.
/s/Dan S. LaFar, Jr.   /s/Robert E. Coleman
/s/Thomas F. Duff   /s/F.B. Dent
/s/Robert D. Mathews   /s/John M. Hamrick
/s/J.W. Burnett, III   /s/Rodney R. Hull
/s/W.S. Manning   /s/J.L. Jennings, Jr.
/s/Wylie L. Hamrick   /s/W.T. Kent
/s/W.J. Trowell   /s/E.S. McKissick, Jr.
/s/W.Barnet, III   /s/W.S. Montgomery
/s/Roger Milliken   /s/W.S. Montgomery, Jr.
/s/Robert W. Moser   /s/E. Blair Rice
/s/A.T. Quantz, Jr.   /s/Robert M. Vance

On motion of Senate SALEEBY, with unanimous consent, the Resolution was ordered printed in the Journal.

Doctor Of The Day

Senator GIESE introduced Dr. Richard M. Davis of Columbia, Doctor of the Day.

Leave Of Absence

Senator WILLIAMS requested and was granted a leave of absence for Friday, May 25 until Tuesday, May 29, 1990.

Leave Of Absence

Senator DRUMMOND requested and was granted a leave of absence from 3:30 until 9:00 P.M. today.

Leave Of Absence

Senator BRYAN requested and was granted a leave of absence from 5:30 today until 10:00 A.M. on Friday, May 25, 1990.

Leave Of Absence

Senator LOURIE requested and was granted a leave of absence from 1:00 P.M. on Friday, May 25 until Tuesday, May 29, 1990.

Point Of Personal Privilege

Senator McLEOD rose to a Point of Personal Privilege.

PRIVILEGE OF THE FLOOR
Privilege Of The Chamber

On motion of Senator MATTHEWS, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Bishop Abel T. Muzorewa of the Zimbabwe area Africa Central Conference and his party.

On motion of Senator MATTHEWS, with unanimous consent, the Privilege of the Floor was extended to Bishop Muzorewa for the purpose of presenting a Resolution.

Senators COURSON, PATTERSON and GILBERT joined Senator MATTHEWS at the podium.

HOUSE CONCURRENCE

S. 1614 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY BOYS' HIGH SCHOOL BASKETBALL TEAM UPON WINNING THE 1989-90 BOYS CLASS AA STATE CHAMPIONSHIP.

Returned with concurrence.

Received as information.

S. 1615 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. GEORGE HIGH SCHOOL VARSITY BASKETBALL TEAM IN DORCHESTER COUNTY UPON WINNING THE 1989-90 BOYS' CLASS A STATE CHAMPIONSHIP.

Returned with concurrence.

Received as information.

S. 1616 -- Senators Wilson and Patterson: A CONCURRENT RESOLUTION TO COMMEND THE CAMPUS I/IRMO MIDDLE SCHOOL NATIONAL SCIENCE OLYMPIAD TEAM FOR WINNING FIRST PLACE HONORS AT THE SIXTH ANNUAL NATIONAL SCIENCE OLYMPIAD AT CLARION UNIVERSITY IN CLARION, PENNSYLVANIA.

Returned with concurrence.

Received as information.

ORDERED ENROLLED FOR RATIFICATION
Message From The House

Columbia, S.C., May 23, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
Very respectfully,
Speaker of the House

The report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

CONFERENCE REPORT ADOPTED

H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.

On motion of Senator LOURIE, with unanimous consent, the Report of Committee of Conference was taken up for immediate consideration.

On motion of Senator LOURIE, the Report (Doc. No. 3677J, G2) was adopted as follows:

CONFERENCE REPORT
The General Assembly, Columbia, S.C., May 17, 1990

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:

/SECTION   1.   Section 7-15-320 of the 1976 Code, as last amended by Act 193 of 1989, is further amended to read:

"Section 7-15-320. (A) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person except that physically disabled persons, poll managers, county voter registration board members and staff, and county election commission members and staff working on election day, a person admitted to a hospital as an emergency patient on the day of an election or within a four-day period before an election, and persons whose employment obligations required that they be at their place of employment during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board may vote by absentee ballot whether or not absent from their county of residence:

(1) students, their spouses, and dependents residing with them;

(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3) persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4) persons in employment;

(5) physically disabled persons;

(6) governmental employees, their spouses, and dependents residing with them;

(7) electors with a death or funeral in the family within a three-day period before the election;

(8) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);

(9) poll managers, county voter registration board members and staff, county election commission members and staff working on election day;

(10) overseas citizens;

(11) persons attending sick or physically disabled persons;

(12) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;

(13) persons who will serving as jurors in a state or federal court on election day.:

(1) students, their spouses, and dependents residing with them (The term 'students' means all persons residing outside of the counties of their respective residences, enrolled in an institution of learning.);

(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;

(3) persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;

(4) governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open;

(5) electors with a death or funeral in the family within a three-day period before the election;

(6) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);

(7) overseas citizens; and

(8) persons whose employment obligations require that they be absent from their county of residence on election day during the hours the polls are open.

(B) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections whether or not absent from his county of residence:

(1) physically disabled persons (The term 'physically disabled person' means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically inside or outside his county of residence.);

(2) poll managers, county voter registration board members and staff, and county election commission members and staff working on election day;

(3) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before an election;

(4) persons whose employment obligations require that they be at their place of employment in their county of residence during the hours that the polls are open and present written certification of that obligation, signed by their employer, to the county registration board;

(5) persons attending sick or physically disabled persons;

(6) persons who will be serving as jurors in a state or federal court on election day; and

(7) persons seventy-two years of age or older."

SECTION 2. Section 7-15-340 of the 1976 Code, as last amended by R. 392, Act ___ of 1990, is further amended to read:

"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such election officials must be in the following a form prescribed by the State Election Commission in conformity with this article and signed by the applicant under penalty of law; except that persons listed in Section 7-15-320(A)(2), (3), (6) (4), and (10) (7) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered.

APPLICATION FOR ABSENTEE BALLOT
TO THE BOARD OF VOTER REGISTRATION:
------- COUNTY

I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ---- day of -------- 19--. (If you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to be sent to your absentee address, check here: [ ])

(If a ballot is requested for a primary election, print your political party preference in this space --------.)

I am a qualified elector and am registered to vote in the -------- precinct and -------- State House of Representatives District (if known). My registration certificate number is --------. My full name is ----------------. Please Print

I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as a poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:

(CHECK APPROPRIATE BOX)

[ ] 1. Students, their spouses, and dependents residing with them.
(The term "students" shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).

[ ] 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.

[ ] 3. Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.

[ ] 4. Employment. (The term "employment" means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).

[ ] 5. Physically disabled person. (The term "physically disabled person" means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).

[ ] 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.

[ ] 7. Death in family, or attending funeral within a three-day period of election.

[ ] 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).

[ ] 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day.

(Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).

[ ] 10. Overseas citizens.

[ ] 11. Persons attending sick or physically disabled persons.

[ ] 12. Persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election.

My home address in South Carolina as shown on my registration certificate is: My absentee mailing address (address to which absentee ballot should be mailed) is: Signature Social Security or Identification Number."

SECTION   3.   Section 7-9-100 of the 1976 Code, as last amended by Act 136 of 1989, is further amended to read:

"Section 7-9-100. The state convention shall meet at a location in this State determined by the state committee to have adequate facilities during a thirteen-month period ending May fifteenth of every general election year on a day and at a time fixed by the state committee and announced publicly at least ten days before the meeting. The state committee shall must notify the delegates to the state convention of the accommodations that are available for the delegates during the convention. This listing must be as complete as practicable and must include the accommodations in close proximity to the convention site as well as any other accommodations that are chosen by the state committee. This notice must include the name and location of the accommodations, the cost per day, and any discounts or surcharges that are applicable during the period of the convention. Should the state committee fix the date for the state convention in a nongeneral election year, it must be held for the purpose of reorganization only. The convention to be held for the purpose of nominating candidates for public office to be filled in the general election must be held in the general election year. At the time that the state committee sets the date for the state convention it shall set what month during the twelve-month period ending March thirty-first of every general election year that the county convention must be held. If it sets a month in a nongeneral election year for the county conventions to be held for the purpose of reorganization, it must set a month during the general election year for the county convention to be reconvened for the purpose of nominating candidates for public office to be filled in the general election. Sufficient advance notice of the month set for county conventions must be given to county executive committees so that the public notices required by law may be met. The convention must be composed of delegates elected by the county conventions. Each county is entitled to one delegate for each six thousand residents of the county, according to the latest official United States Census, plus two additional members. If a county has a fractional portion of population of at least three thousand residents above its last six thousand resident figure it is entitled to an additional delegate. In addition to the delegates described above, each member of the General Assembly shall be a delegate to the appropriate state convention. Members of the General Assembly serving as delegates shall have the same rights, privileges, and duties as other delegates. When the state convention assembles, it must be called to order by the chairman of the state committee. A temporary president must be nominated and elected by the convention, and after its organization the convention shall proceed immediately to the election of permanent officers and to the transaction of business. When the business has concluded, it shall adjourn sine die, or may recess. The state chairman may recall the state convention into special session at any time he determines appropriate.

The officers of the state convention must be a president, vice president, two secretaries and a treasurer. Each county delegation to a state convention may fill any vacancies therein. Any county failing or refusing to organize under the provisions of this title may not have representation in the state convention. The state officers must be reported to the Secretary of State and to the State Election Commission within fifteen days of their election and the reports must be public record."

SECTION   4.   This act takes effect upon approval by the Governor./

Isadore E. Lourie                 Terry E. Haskins
David L. Thomas                   Joseph B. Wilder
Frank Gilbert                     James J. Bailey
On Part of the Senate.              On Part of the House.

, and a message was sent to the House accordingly.

RECALLED

S. 1588 -- Senator Giese: A BILL TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE PATROL DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.

On motion of Senator GIESE, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

On motion of Senator GIESE, the Bill was ordered placed on the Calendar for consideration tomorrow.

RECALLED AND READ

H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.

On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.

On motion of Senator LOURIE, the Bill was taken up for immediate consideration.

On motion of Senator LOURIE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

RECALLED AND READ

H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.

On motion of Senator MACAULAY, with unanimous consent, the Bill was recalled from the Committee on Transportation.

On motion of Senator MACAULAY, the Bill was taken up for immediate consideration.

On motion of Senator MACAULAY, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

RECALLED

H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.

On motion of Senator LAND, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

On motion of Senator LAND, the Bill was ordered placed on the Calendar for consideration tomorrow.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 10:30 A.M. and the following Acts and Joint Resolutions were ratified:

(R577) S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: AN ACT TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN THESE NOTIFICATIONS, THE MANNER IN WHICH THEY MUST BE SUBMITTED, POSTED, AND REPORTED AND TO PROVIDE EXCEPTIONS.

(R578) S. 1568 -- Senator Nell W. Smith: AN ACT TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT IN PICKENS COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE WATER SYSTEM OPERATED BY THE DISTRICT, AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA, AND TO REPEAL ACT 128 OF 1953, RELATING TO THE ESTABLISHMENT OF THE EAST CLEMSON WATER DISTRICT.

(R579) S. 1411 -- Senator Williams: AN ACT TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR AND PROVIDE FOR FUNDING THE COMMISSION.

(R580) S. 1372 -- Senators Pope, Land and O'Dell: AN ACT TO AMEND SECTION 46-17-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE AN EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT FOR THE PROVISIONS PERTAINING TO AGRICULTURAL COMMODITIES MARKETING AND TO DELETE THE REFERENCE TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS AS THE ONLY EXEMPTION.

(R581) S. 1549 -- Senator Matthews: AN ACT TO AUTHORIZE SCHOOL DISTRICTS 3 AND 8 OF ORANGEBURG COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

(R582) S. 793 -- Senator Hinds: AN ACT TO AMEND SECTION 58-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROVISIONS GOVERNING MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE EXCEPTION OF TRANSPORTING PASSENGERS WITHIN A DISTANCE OF FIVE MILES FROM THE LIMITS OF A MUNICIPALITY.

(R583) S. 1496 -- General Committee: AN ACT TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.

(R584) S. 1555 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1242, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R585) S. 1511 -- Senator Nell W. Smith: AN ACT TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY PROTECTIVE CUSTODY OF A CHILD, SO AS TO REVISE THE DESIGNATION OF THE PROVISIONS OF THE SECTION, TO PROVIDE FOR CUSTODY WHEN THE CHILD'S PARENT, PARENTS, OR GUARDIAN HAS BEEN ARRESTED OR THE CHILD HAS BECOME LOST ACCIDENTALLY AND HIS WELFARE IS THREATENED DUE TO LOSS OF ADULT PROTECTION AND SUPERVISION, AND TO PROVIDE FOR PLACEMENT OF A CHILD AND A REPORT PURSUANT TO A CHILD PROTECTIVE INVESTIGATION.

(R586) S. 1207 -- Senator McGill: AN ACT TO AMEND SECTION 5-15-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE NUMBER OR METHOD OF ELECTION OF MUNICIPAL COUNCIL MEMBERS, SO AS TO PROVIDE THAT THE QUESTION ON A REFERENDUM FOR CHANGING THE NUMBER OF COUNCIL MEMBERS OR THE METHOD OF ELECTION OF COUNCIL MEMBERS MAY BE HELD NO SOONER THAN TWO YEARS, RATHER THAN FOUR YEARS, AFTER AN ELECTION ON THE SAME QUESTION.

(R587) S. 1578 -- Senator Long: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW MEMORIAL FOUNDATION, INC., IN HORRY COUNTY AND TO REPEAL AN ACT OF 1990 WHICH RESTORED THE CHARTER OF OCEAN VIEW FOUNDATION, INC.

(R588) S. 1465 -- Senators Peeler, Hinds and McGill: AN ACT TO AMEND SECTIONS 46-10-120 AND 46-10-130, BOTH AS AMENDED, 46-13-60, AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES AND BOLL WEEVIL CONTROL, SO AS TO PROVIDE REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, TO DELETE REFERENCES RELATING TO FINANCIAL SECURITY, NOTIFICATION OF REASONS FOR LICENSE DENIAL, AND ELIGIBILITY FOR REEXAMINATION, ADD MEMBERS TO THE PESTICIDE ADVISORY COMMITTEE, CHANGE THE RECOMMENDING AUTHORITIES FOR THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS, AND TO INCREASE THE ANNUAL ASSESSMENT FOR BOLL WEEVIL ERADICATION FROM EIGHT TO TEN DOLLARS AN ACRE.

(R589) S. 139 -- Senator Pope: AN ACT TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PERMANENT PLACARDS TO A MAXIMUM PERIOD OF FOUR YEARS RENEWABLE ON THE OWNER'S BIRTHDAY AND PROVIDE FOR THE DESIGN OF THE PLACARDS; AND TO AMEND SECTION 56-3-1910, RELATING TO LICENSE TAGS FOR DISABLED PERSONS, SO AS TO AUTHORIZE THE ISSUANCE OF THE TAGS FOR A VEHICLE DESIGNED TO TRANSPORT A DISABLED PERSON IF THE VEHICLE IS OWNED AND TITLED IN HIS NAME OR THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY.

(R590) S. 1533 -- Senator Peeler: AN ACT TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING APPROVED CHILD SUPPORT PLANS, SO AS TO PROVIDE THAT WHEN A FAMILY CEASES RECEIVING PUBLIC ASSISTANCE WHEN AN ASSIGNMENT HAS BEEN MADE IT CONVERTS TO A NONPUBLIC ASSISTANCE ASSIGNMENT AND THE RECIPIENT MAY SUBMIT A WRITTEN REQUEST TO HAVE THE ASSIGNMENT TERMINATED.

(R591) S. 1547 -- Senator Drummond: AN ACT TO AMEND SECTION 11-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OR COMMISSIONS REQUIRED TO REMIT REVENUES TO THE STATE TREASURER TO EQUAL OR EXCEED APPROPRIATIONS, SO AS TO ELIMINATE THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION FROM THE PROVISIONS OF THE SECTION.

(R592) S. 1038 -- Senator Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-170 SO AS TO PROVIDE THAT JURORS FOR MUNICIPAL COURTS, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.

(R593) S. 1167 -- Senators Bryan, Hayes, Peeler and Fielding: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 44 SO AS TO PROVIDE FOR THE MENTAL RETARDATION AND RELATED DISABILITIES ACT BY SETTING FORTH THE ORGANIZATION AND A SYSTEM FOR THE DELIVERY OF SERVICES, REQUIREMENTS FOR LICENSURE AND REGULATION OF FACILITIES AND PROGRAMS, PENALTIES, AND CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION; TO REPEAL CHAPTER 19, TITLE 44 RELATING TO THE STATE MENTAL RETARDATION DEPARTMENT AND CHAPTER 21, TITLE 44 RELATING TO THE CARE AND COMMITMENT OF MENTALLY RETARDED PERSONS; AND TO PROVIDE FOR THE CONTINUATION OF SERVICE OF THE MEMBERS OF THE SOUTH CAROLINA MENTAL RETARDATION COMMISSION AND THE COUNTY MENTAL RETARDATION BOARDS.

(R594) S. 1515 -- Senator Williams: AN ACT TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO APPOINT A CLERK FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION, SO AS TO CLARIFY THAT THE AUTHORITY TO APPOINT A CLERK IS VESTED IN THE AUTHORITY RESPONSIBLE BY LAW FOR CONDUCTING THE ELECTION RATHER THAN IN THE COMMISSIONERS OF ELECTION.

(R595) S. 1275 -- Senator Land: AN ACT TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.

(R596) S. 1267 -- Senators Giese, Rose, Gilbert, Hinson, Long, Lee, J. Verne Smith, Shealy, Martschink, Helmly, Stilwell and Passailaigue: AN ACT TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF LICENSES FOR PHARMACISTS, FEES, AND REINSTATEMENT OF LAPSED LICENSES, SO AS TO ALLOW THE STATE BOARD OF PHARMACY TO ISSUE AN INACTIVE STATUS LICENSE TO A LICENSED PHARMACIST NOT ACTIVELY ENGAGED IN THE PRACTICE OF PHARMACY IN THE STATE, AND PROVIDE FOR THE REACTIVATION OF THE PHARMACIST'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-43-265 SO AS TO PERMIT THE BOARD TO REFUSE TO GRANT A LICENSE TO PRACTICE PHARMACY TO AN OTHERWISE QUALIFIED PERSON UPON ANY OF THE GROUNDS FOR WHICH A LICENSE CAN BE REVOKED OR SUSPENDED, AND 40-43-270 SO AS TO PROVIDE THAT ACTS OR OMISSIONS BY A LICENSEE CAUSING THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE PHARMACY IN ANOTHER STATE SUPPORT THE ISSUANCE OF A FORMAL COMPLAINT AND THE COMMENCEMENT OF DISCIPLINARY PROCEEDINGS AS SET FORTH IN SECTION 40-43-260.

(R597) S. 1422 -- Senators Shealy, Wilson, Giese, Setzler and Rose: AN ACT TO AMEND SECTION 12-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ALTERNATIVE METHOD TO TAX A MANUFACTURER, WHOLESALER, DISTRIBUTOR, OR RETAILER RECEIVING UNTAXED BOTTLED SOFT DRINKS AND OTHER RELATED ITEMS, SO AS TO AUTHORIZE A WHOLESALER OR DISTRIBUTOR MAKING SHIPMENTS OF SOFT DRINKS TO RETAIL LOCATIONS IN AND OUT OF THIS STATE TO APPLY TO THE TAX COMMISSION FOR A LICENSE WHICH WILL ENABLE THEM TO PURCHASE SOFT DRINKS TAX FREE, AND REPORT AND PAY THE TAX AS PROVIDED IN THIS SECTION ON SALES OF SOFT DRINKS SOLD TO LOCATIONS IN THIS STATE.

(R598) S. 1471 -- Senators Bryan, Hayes, Peeler and Fielding: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DEFINE HABILITATION CENTER FOR THE MENTALLY RETARDED OR PERSONS WITH RELATED CONDITIONS; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF THE FACILITIES, SO AS TO PROVIDE FOR THE REQUIREMENTS TO APPLY TO THE HABILITATION CENTERS DEFINED IN THIS ACT.

(R599) S. 1522 -- Finance Committee: AN ACT TO AMEND CHAPTERS 119 AND 117 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY AND THE UNIVERSITY OF SOUTH CAROLINA, BY ADDING ARTICLES 7 AND 3 RESPECTIVELY SO AS TO AUTHORIZE THE BOARDS OF TRUSTEES OF EACH UNIVERSITY TO ISSUE AUXILIARY FACILITIES REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM THE FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS, AND TO PROVIDE THAT NO TIME LIMIT IS SET FOR THE ISSUANCE OF BONDS; TO DESIGNATE SECTIONS 59-117-10 THROUGH 59-117-100 AS ARTICLE 1, CHAPTER 117, TITLE 59 AND ENTITLED "GENERAL PROVISIONS"; AND TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON TO BORROW ONE MILLION, TWO HUNDRED THOUSAND DOLLARS TO ISSUE BONDS OR NOTES FOR THE RENOVATION AND EXPANSION OF THE COLLEGE'S CAFETERIA FACILITIES.

(R600) S. 138 -- Senators Wilson, Giese, Thomas and Bryan: AN ACT TO ENACT THE CLEAN INDOOR AIR ACT OF 1990 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R601) S. 1548 -- Senator Waddell: AN ACT TO AMEND SECTION 34-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACQUISITIONS UNDER THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT WHICH REQUIRE CERTAIN PRIOR APPROVALS, SO AS TO AUTHORIZE AN ADDITIONAL TYPE OF ACQUISITION; AND TO REVISE CERTAIN TERMS USED IN THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT.

(R602) S. 1523 -- Finance Committee: AN ACT TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.

(R603) S. 984 -- Senator Russell: AN ACT TO AMEND SECTION 9-11-48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR TRANSFERRING A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS TO THE POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO PROVIDE ALTERNATIVE REQUIREMENTS FOR THE TRANSFER.

(R604) S. 1575 -- Senator Russell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WARBIRDS, INC., IN SPARTANBURG COUNTY.

(R605) S. 946 -- Senator Passailaigue: AN ACT TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.

(R606) S. 966 -- Senator Lee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-240 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT A PILOT PROGRAM FOR DENTAL HEALTH EDUCATION, SCREENING, AND TREATMENT REFERRAL IN THE PUBLIC SCHOOLS FOR CHILDREN IN KINDERGARTEN THROUGH SEVENTH GRADE.

(R607) S. 1499 -- Finance Committee: AN ACT TO AMEND SECTION 59-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REVENUE BOND DEBT LIMITATION OF THE STATE EDUCATION ASSISTANCE AUTHORITY, SO AS TO INCREASE THE LIMIT FROM ONE HUNDRED SEVENTY-FIVE TO THREE HUNDRED MILLION DOLLARS.

(R608) S. 1474 -- Corrections and Penology Committee: AN ACT TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO REQUIRE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO REVIEW A PRISONER'S DISCIPLINARY AND OTHER RECORDS IN DETERMINING WHETHER TO GRANT PAROLE AND TO PROVIDE THAT CERTAIN RECORDS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT.

(R609) H. 5061 -- Rep. Kinon: AN ACT TO DESIGNATE A ROAD IN DILLON COUNTY AS "JUNE SCOTT BOULEVARD".

(R610) H. 5052 -- Rep. Wofford: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANGAREE CIVIC LEAGUE.

(R611) H. 3237 -- Rep. Limehouse: AN ACT TO AMEND SECTION 40-6-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR SUSPENSION OR REVOCATION OF AN AUCTIONEER'S LICENSE, SO AS TO ADD AS A GROUND CONVICTION OF A FELONY.

(R612) H. 4934 -- Rep. Kirsh: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AMEND THE AUTHORIZATION FOR THE DENMARK TECHNICAL COLLEGE STUDENT SERVICE CENTER RENOVATION AND ADDITION BY ADDITIONALLY AUTHORIZING THE PROCEEDS FROM THE BONDS TO BE EXPENDED FOR THE COMPLETION OF THE PHYSICAL PLANT BUILDING, AND DECREASE AND INCREASE AUTHORIZATIONS FOR INSTITUTIONS OF THE DEPARTMENT OF CORRECTIONS.

(R613) H. 4619 -- Reps. Beasley, Hayes and Fair: AN ACT TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.

(R614) H. 3632 -- Rep. Fair: AN ACT 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 AND TERMS, AND TO PROVIDE FOR THE CONTINUATION OF BOARD SERVICE BY CURRENT MEMBERS AND FOR LENGTH OF TERMS.

(R615) H. 5067 -- Reps. Boan and Hodges: AN ACT TO AMEND ACT 777 OF 1988, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A STATEMENT OF CANDIDACY FOR ELECTION TO THE DISTRICT BOARD MUST BE FILED NO LATER THAN THE FIRST DAY OF SEPTEMBER PRECEDING THE ELECTION RATHER THAN FORTY-FIVE DAYS BEFORE THE ELECTION AND TO PROVIDE THAT WHEN SEPTEMBER FIRST IS A SUNDAY, THE STATEMENT MUST BE FILED BY NOON OF THE FOLLOWING MONDAY.

(R616) H. 4788 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CERTIFICATION OF MINORITY BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1206, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R617) H. 4939 -- Rep. Cole: AN ACT TO AMEND ACT 318 OF 1965, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS, RATHER THAN A MAXIMUM OF TWENTY THOUSAND DOLLARS.

(R618) H. 5053 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO NAME THE S. C. 9 BRIDGE CROSSING THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "SENATOR ROGER W. SCOTT MEMORIAL 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.

(R619) H. 3100 -- Rep. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT OR STRUCTURE IN WHICH A DWELLING UNIT IS LOCATED TO INSTALL BURGLAR BARS WITHOUT A QUICK-RELEASE MECHANISM AND PROVIDE A PENALTY FOR VIOLATION.

(R620) H. 4901 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MANUFACTURED HOUSING BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1207, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R621) H. 4387 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE PARKING PRIVILEGES TO APPLY FOR AN OUT-OF-STATE MOTOR VEHICLE DISPLAYING EVIDENCE OF HANDICAP.

(R622) H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1990-91 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1990-91.

(R623) H. 5084 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 30, 1991.

(R624) H. 5099 -- Rep. Baker: AN ACT TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.

(R625) H. 4723 -- Reps. M.O. Alexander and T.C. Alexander: AN ACT TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE RETAIL LICENSE, SO AS TO CONSOLIDATE THE PROVISIONS GOVERNING SPECIAL RETAIL LICENSES AND EXEMPTIONS FROM THE RETAIL LICENSE REQUIREMENT, TO CLARIFY THE LICENSE REQUIREMENTS FOR RETAILERS CONDUCTING A TRANSIENT OR TEMPORARY BUSINESS, AND TO PROVIDE DEFINITIONS, AND TO PROVIDE FOR A SPECIAL SALES TAX RETURN FOR SPECIAL EVENTS IN LIEU OF THE RETAIL LICENSE REQUIREMENTS AND DISCOUNT PROVISIONS, AND TO PROVIDE DEFINITIONS AND TO AUTHORIZE THE TAX COMMISSION TO DETERMINE WHICH LICENSE A RETAILER MUST OBTAIN.

(R626) H. 4505 -- Rep. Altman: AN ACT TO REPEAL SECTION 56-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF OBSOLETE RECORDS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; AND TO REPEAL SECTION 56-19-490 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT FILE AND MAINTAIN SURRENDERED CERTIFICATES OF TITLE.

(R627) H. 4584 -- Charleston Delegation: A JOINT RESOLUTION TO AUTHORIZE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO BORROW NOT MORE THAN TWO HUNDRED TEN THOUSAND DOLLARS FROM THE STATE BUDGET AND CONTROL BOARD STATE-OWNED PROPERTY RENT ACCOUNT AND TO PROVIDE REPAYMENT TERMS.

(R628) H. 4925 -- Rep. Wright: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHINQUAPIN HOLLOW, INC., IN LEXINGTON COUNTY.

(R629) H. 4863 -- Rep. J. Rogers: AN ACT TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT WHEN THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT THE REMAINDER OF THAT PORTION OF THE AWARD MUST BE PAID TO A SURVIVING SPOUSE OR OTHER FULL DEPENDENT, OR IF THERE IS NONE, BE DISTRIBUTED IN THE SAME MANNER AS PROVIDED IN THIS SECTION FOR CASES WHERE THE EMPLOYEE IS SURVIVED BY NO FULL DEPENDENTS RATHER THAN DIVIDING THE BENEFITS EQUALLY AMONG ALL THE CHILDREN.

(R630) H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: AN ACT TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH POWERS AND DUTIES OF THE COURT RELATING TO ALIMONY AND SEPARATE MAINTENANCE AND SUPPORT IN DIVORCE ACTIONS AND THE COURT'S POWERS TO ESTABLISH ATTORNEY, INVESTIGATION, AND EXPERT FEES, COSTS, AND SUIT MONEY.

(R631) H. 3768 -- Reps. Altman, Keegan and Snow: AN ACT TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.

(R632) H. 4927 -- Reps. Kay, Carnell and Townsend: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ABBEVILLE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ABBEVILLE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, TO PROVIDE FOR A DIRECTOR AND AN ASSISTANT FOR THE COMMISSION, AND PROVIDE A TRANSITION PERIOD.

(R633) H. 4896 -- Reps. Clyborne and Manly: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1617 -- Senator Hayes: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DELAY THE CHANGE IN METHODOLOGY FOR CALCULATING THE NEED FOR INPATIENT REHABILITATION BEDS AS PROPOSED IN THE DRAFT 1990 MEDICAL FACILITIES PLAN UNTIL THE 1991 MEDICAL FACILITIES PLAN, REQUESTING AN EVALUATION OF THE EFFECTS OF THE PROPOSED CHANGE, AND A REPORT TO THE SENATE MEDICAL AFFAIRS COMMITTEE, THE HOUSE OF REPRESENTATIVES MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, AND THE JOINT LEGISLATIVE COMMITTEE ON HEALTH CARE PLANNING AND OVERSIGHT BY MARCH 1, 1991.

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

S. 1618 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF B. MARION SMITH, SR., OF EDGEFIELD COUNTY WHO DIED ON THURSDAY, MAY 10, 1990.

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

S. 1619 -- Senators Shealy, Wilson, Setzler and Martschink: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO THE HONORABLE JAMES D. WARD OF LEESVILLE FOR HIS DISTINGUISHED SERVICE AS MAGISTRATE OF LEXINGTON COUNTY MAGISTERIAL DISTRICT NO. 3, UPON HIS RETIREMENT.

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

H. 5141 -- Reps. Whipper, Barber, Rama, Hallman, J. Bailey, Holt, Kohn, Mappus, D. Martin, Washington and Winstead: A CONCURRENT RESOLUTION TO CONGRATULATE THE MORRIS STREET BAPTIST CHURCH IN CHARLESTON, HER PASTOR, OFFICERS, AND MEMBERS ON THE OBSERVANCE OF HER 125TH ANNIVERSARY.

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

H. 5142 -- Reps. McEachin, Glover, Harwell, McKay, Nettles and Tucker: A CONCURRENT RESOLUTION TO COMMEND EUGENE N. "NICK" ZEIGLER OF FLORENCE FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS A MEMBER AND CURRENT CHAIRMAN OF THE STATE BOARD OF CORRECTIONS UPON HIS RETIREMENT FROM THE BOARD.

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

H. 5143 -- Rep. Bruce: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MARION RHETT GRAMLING OF GRAMLING IN SPARTANBURG COUNTY.

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

H. 5144 -- Reps. Wright, Quinn, Klapman, Koon, Sturkie and Derrick: A CONCURRENT RESOLUTION TO COMMEND THE IRMO HIGH SCHOOL NATIONAL SCIENCE OLYMPIAD TEAM FOR WINNING FIRST PLACE HONORS AT THE SIXTH ANNUAL NATIONAL SCIENCE OLYMPIAD AT CLARION UNIVERSITY IN CLARION, PENNSYLVANIA.

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

H. 5145 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MIMS ACADEMY OF DORCHESTER COUNTY ON WINNING THE SCISAA CLASS AA STATE SOFTBALL TITLE FOR 1990.

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

H. 5146 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MIMS ACADEMY OF DORCHESTER COUNTY ON WINNING THE SCISAA CLASS AA STATE BASEBALL TITLE FOR 1990.

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

H. 5151 -- Reps. P. Harris, T.C. Alexander, Chamblee, Cooper, Kay, McLellan, Townsend and Tucker: A CONCURRENT RESOLUTION COMMENDING JEFFREY STRAUB OF ANDERSON COUNTY, SEVENTEEN-YEAR-OLD SENIOR AT WESTSIDE HIGH SCHOOL, FOR TAKING QUICK ACTION WHICH LED TO THE BREAK-UP OF A COUNTERFEIT OPERATION THAT MADE AND DISTRIBUTED A MILLION AND A HALF DOLLARS IN FAKE BILLS -- THE LARGEST SEIZURE OF ITS KIND IN STATE HISTORY.

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

H. 4960 -- Reps. Neilson, Littlejohn, G. Brown, Wells, Holt, J. Bailey, Winstead, Waldrop, McKay, McGinnis, Beasley and Vaughn: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 16 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 4747 -- Reps. Harvin and Blackwell: A BILL TO AMEND SECTION 58-12-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISIONS PROVIDING FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO REPEAL SECTION 58-12-130, RELATING TO THE FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT.

HOUSE BILL RETURNED

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.

THIRD READING BILLS

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

S. 1611 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDMENT PROPOSED, OBJECTION

H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.

Senator MARTSCHINK asked unanimous consent to take the Bill up for immediate consideration.

The question being the third reading of the Bill.

Senator POPE proposed the following amendment (Doc. No. 5227P):

Amend the Committee Report, as and if amended, on page 3626-2, beginning on line 13, as contained in SECTION 1, by striking the words /and 56-5-2930/ and inserting therein the words /, 56-5-2930, and 56-5-2940 and any other sentence not exceeding ninety days/ .

Amend title to conform.

Senator POPE explained the amendment.

Senator LAND objected to further consideration of the Bill.

Amended And Read

H. 3740 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.

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

The amendment proposed by the Committee on Judiciary (Doc. No. 3706J) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 36, in Section 20-7-420( ), as contained in SECTION 1, by striking

/Suit money may not be assessed against the Department of Social Services when it is a party in or subject to the jurisdiction of the family court./

Amend title to conform.

Senator POPE explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

AMENDMENT PROPOSED, CARRIED OVER

H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.

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

Senator MOORE proposed the following amendment (Doc. No. 3888R, G2):

Amend the bill, as and if amended, by adding a new appropriately numbered section to read as follows:

/SECTION ____. Article 7, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-935.   The United States Department of Energy is authorized to place and maintain traffic control devices upon roads within the confines of the lands in Aiken, Allendale, and Barnwell Counties acquired or to be acquired by the United States Government. The Department of Energy is not required to obtain written approval of the Department of Highways and Public Transportation as provided in Sections 56-5-910 and 56-5-930.

The driver of a vehicle must obey the instruction of any traffic control device or sign placed, as provided in this section, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter."/

Amend the bill further, as and if amended, by adding a new appropriately numbered section to read:

/SECTION ___. Section 23-7-40 of the 1976 Code is amended to read:

"Section 23-7-40.   The jurisdiction of any such a special state constables shall be constable is confined and limited to the lands and premises acquired or being acquired by the United States Government for the use of the Commission in Aiken, Allendale, and Barnwell Counties. But nothing Nothing contained in this section shall be construed as confining confines or limiting limits the jurisdiction of any such the constable to such the lands and premises while in fresh pursuit of a person for an offense a misdemeanor or felony committed in his presence or for a felony if he reasonably believes that the person has committed the felony. And the The failure of the United States to acquire title to any of the lands and premises within the boundaries of such the site shall in nowise further does not confine or limit the jurisdiction of the a special state constabulary constable authorized by this chapter."/

Amend the bill further, as and if amended, by adding a new appropriately numbered section to read:

/SECTION ___.   Section 23-7-50 of the 1976 Code is amended to read:

"Section 23-7-50.   Each such A special State state constable shall possess possesses all of the rights and powers prescribed by law for magistrates' constables and deputy sheriffs and such powers as are usually exercised by marshals and policemen of towns and cities. He shall also act as a conservator of the peace, shall take into custody and carry before the nearest magistrate any person who may, in his view, engage in riotous conduct or violation of the peace and refuse upon his command to desist therefrom, shall arrest any person who may, in his view, commit any felony or misdemeanor commits any misdemeanor or felony in his presence or any felony if he reasonably believes the person has committed the felony and carry him before a court of competent jurisdiction, and shall execute any and all criminal process from magistrates' courts relating to offenses committed upon any of the lands and premises within his jurisdiction."/

Amend the bill further, as and if amended, by adding a new appropriately numbered section to read:

/SECTION ___.   Section 56-5-40 of the 1976 Code is amended to read:

"Section 56-5-40.   All the provisions of this chapter, except Articles 27, 33, 35, 37, and 39, and Section 56-5-920 56-5-910 56-5-1610 and 56-5-1620, shall apply to all roads within the confines of lands in Aiken, Allendale, and Barnwell Counties, acquired or to be acquired by the United States Government for use of the Atomic Energy Commission Department of Energy."/

Amend title and renumber sections to conform.

On motion of Senator LOURIE, the Bill was carried over.

CARRIED OVER

H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.

Senator WILLIAMS asked unanimous consent to consent to take the Bill up for immediate consideration.

The question being the third reading of the Bill.

Senator HOLLAND proposed the following amendment (Doc. No. 5261P), which was carried over:

Amend the bill, as and if amended, by striking SECTION 5, on page 10, and inserting therein the following:

/SECTION   5.   Section 44-53-110 of the 1976 Code, as last amended by Act 128 of 1987, is further amended by adding in proper alphabetical order:

"'ice' or 'crank' means amphetamine or methamphetamine, any salt, isomer, or salt of an isomer, or any mixture or compound containing any of the above substances."

SECTION 6.   Section 44-53-370(a) of the 1976 Code is amended to read:

"Section 44-53-370. (a) Except as authorized by this article it shall be unlawful for any person:

(1) To manufacture, distribute, dispense, deliver, purchase, or aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with intent to manufacture, distribute, or dispense, deliver, or purchase a controlled substance;

(2) To create, distribute, dispense, deliver, or purchase, or aid, abet, attempt, or conspire to create, distribute, dispense, deliver, or purchase, or possess with intent to distribute, or dispense, deliver, or purchase a counterfeit substance."

SECTION   7.   Section 44-53-370(e) of the 1976 Code, as last amended by Act 565 of 1988, is further amended to read:

"(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:

(1)   ten pounds or more of marijuana is guilty of a felony which is known as 'trafficking in marijuana' and, upon conviction, must be punished as follows if the quantity involved is:

(a) ten pounds or more, but less than one hundred pounds:

1.   for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;

2.   for a second offense, a term of imprisonment of not less than five years nor more than twenty years, no
part of which may be suspended nor probation granted, and a fine of fifteen thousand dollars;

3.   for a third or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b)   one hundred pounds or more, but less than two thousand pounds, or one hundred to one thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(c)   two thousand pounds or more, but less than ten thousand pounds, or more than one thousand marijuana plants, but less than ten thousand marijuana plants regardless of weight, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(d)   ten thousand pounds or more, or ten thousand marijuana plants or more than ten thousand marijuana plants regardless of weight, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

(2)   ten grams or more of cocaine or any mixtures containing cocaine, as provided in Section 44-53-210(b)(4), is guilty of a felony which is known as 'trafficking in cocaine' and, upon conviction, must be punished as follows if the quantity involved is:

(a)   ten grams or more, but less than twenty-eight grams:

1.   for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

2.   for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

3.   for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation
granted, and a fine of fifty thousand dollars;

(b)   twenty-eight grams or more, but less than one hundred grams:

1.   for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

2.   for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

3.   for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c)   one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d)   two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(e)   four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may
be suspended nor probation granted, and a fine of two hundred thousand dollars;

(3)   four grams or more of any morphine, opium, salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing any of these substances, is guilty of a felony which is known as 'trafficking in illegal drugs' and, upon conviction, must be punished as follows if the quantity involved is:

(a)   four grams or more, but less than fourteen grams:

1.   for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

2.   for a second or subsequent offense, a mandatory minimum term of imprisonment of twenty-five years, no part of which
may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(b)   fourteen grams or more but less than twenty-eight grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

(c)   twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;

(4)   fifteen grams or more of methaqualone is guilty of a felony which is known as 'trafficking in methaqualone' and, upon conviction, must be punished as follows if the quantity involved is:

(a)   fifteen grams but less than one hundred fifty grams:

1.   for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be suspended nor probation granted, and a fine of ten thousand dollars;

2.   for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b)   one hundred fifty grams but less than fifteen hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(c)   fifteen hundred grams but less than fifteen kilograms, a mandatory term of imprisonment of twenty-five years, no

part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(d)   fifteen kilograms or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;.

Any person convicted and sentenced under Section 44-53-370(e) to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, any person convicted of conspiracy pursuant to Section 44-53-370(e) must be sentenced as provided herein with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.

The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.

The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in Section 44-53-370(e)."

SECTION   8.   Section 44-53-375, as added by Act 128 of 1987, is further amended to read:

"Section 44-53-375. (A) Any person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a misdemeanor and, upon conviction, must be, for a first offense, must be imprisoned for a term of not less than two years nor more than five years, and fined not less than five thousand dollars. For a first offense the court may, upon approval of the solicitor, require as part of any sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than four years nor more than seven years, and a fine of fined not less than ten thousand dollars. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned for not less than ten years nor more than fifteen years, and a fine of fined not less than fifteen thousand dollars.

(B) Any person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, or dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction, for a first offense, must be sentenced to a term of imprisonment for of not less than fifteen years nor more than twenty years and a fine of fined not less than twenty-five thousand dollars. For a second offense, or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than twenty-five years nor more than thirty years, and a fine of fined not less than fifty thousand dollars. For a third or subsequent offense, or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, the offender must be imprisoned for not less than thirty years nor more than forty years, and a fine of fined not less than one hundred thousand dollars. Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.

(C) Any person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of one hundred grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Section 44-53-110, Section 44-53-210(b)(4), Section 44-53-210(d)(1), or Section 44-53-210(d)(2), is guilty of a felony which is known as 'trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished by a mandatory term of imprisonment of twenty-five years and a fine of fifty thousand dollars.

(C)(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted."

SECTION   9.   Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-392. Notwithstanding any other provision of this article, the weight of any controlled substance referenced in this article is the weight of that substance in pure form or any compound or mixture thereof."

SECTION   10.   Section 44-53-445 of the 1976 Code, as last amended by Act 128 of 1987, is further amended to read:

"Section 44-53-445. It is a separate criminal offense for any a person to unlawfully distribute, sell, purchase, or manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in or on or within a radius of one-half mile of the grounds of an a public or private elementary, middle, or secondary school; a public playground or park; a public vocational or trade school or technical educational center; or a public or private college or university. Any person committing this act must be, upon conviction, punished by a fine not to exceed ten thousand dollars, or by imprisonment not to exceed ten years, or both. When a violation involves crack cocaine, the punishment, upon conviction, must be a fine of not less than ten thousand dollars, and imprisonment for not less than ten nor more than fifteen years.

For purposes of the creation of presumptions inferences of intent to distribute, the presumptions inferences set out in Sections 44-53-370(3) 44-53-370 and 44-53-375 apply to criminal prosecutions under this section."

SECTION   11.   Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-475.   (A)(1)Whoever, knowing that the property involved in a financial transaction represents the proceeds of, or is derived directly or indirectly from the proceeds of unlawful activity relating to narcotic drugs or controlled substances, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds:

(a)   with the intent to promote the carrying on of unlawful activity relating to narcotic drugs or controlled substances; or

(b)   knowing that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the sources, the ownership, or the control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of not more than five hundred thousand dollars or twice the value of the property involved in the transaction, whichever is greater, or by imprisonment for not more than twenty years, or both.

(2)   Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in South Carolina to or through a place outside the United States or to a place in South Carolina from or through a place outside the United States:

(a)   with the intent to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or

(b)   knowing that the monetary instrument or funds involved in the transportation represent the proceeds of the unlawful activity and knowing that the transportation is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of five hundred thousand dollars or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or by imprisonment for not more than twenty years, or both.

(3)   Whoever, with the intent:

(a)   to promote the carrying on of unlawful activity relating to narcotic drugs or to controlled substances; or

(b)   to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of the unlawful activity, conducts or attempts to conduct a financial transaction involving property represented by a law enforcement officer to be the proceeds of the unlawful activity, or property used to conduct or facilitate the unlawful activity is guilty of a felony and, upon conviction, must be punished by a fine of five hundred thousand dollars or twice the value of the property involved, whichever is greater or by imprisonment for not more than twenty years, or both. For purposes of this subitem, the term 'represented' means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a state official authorized to investigate or prosecute violations of this section.

(B)   Whoever conducts or attempts to conduct a transaction described in subsection (A)(1), or transportation described in subsection (A)(2), is liable to the State for a civil penalty of not more than the greater of:

(1)   the value of the property, funds, or monetary instruments involved in the transaction; or

(2)   ten thousand dollars.

(C)   As used in this section:

(1)   the term 'conducts' includes initiating, concluding, or participating in initiating, or concluding a transaction;

(2)   the term 'transaction' includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;

(3)   the term 'financial transaction' means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments;

(4)   the term 'monetary instruments' means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in that form that title to it passes upon delivery, and negotiable instruments in bearer form or otherwise in that form that title to it passes upon delivery;

(5)   the term 'financial institution' has the definition given that term in Section 5312(a)(2) of Title 31, United States Code, and the regulations promulgated thereunder.

(D)   Nothing in this section supersedes any provision of law imposing criminal penalties or affording civil remedies in addition to those provided for in this section."

SECTION   12.   Item (6) of Section 44-53-520(a) of the 1976 Code, as last amended by Act 404 of 1986, is further amended to read:

"(6) all conveyances including, but not limited to, trailers, aircraft, motor vehicles, and watergoing vessels which are used or intended for use unlawfully to conceal, contain, or transport or facilitate the unlawful concealment, possession, containment, manufacture, or transportation of controlled substances and their compounds, except as otherwise provided, must be forfeited to the State. No motor vehicle may be forfeited to the State unless it is found to conceal, contain, or transport one pound or more of marijuana, one pound or more of hashish, more than four grains of opium, more than two grains of heroin, more than four grains of morphine, more than ten grains of cocaine, or more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds. The quantities set forth refer to controlled substances or any combination of such substances; under Section 44-53-520(a)(6) unless it is used, intended for use, or in any manner facilitates a violation of Section 44-53-370(a) or Section 44-53-370(e)."

SECTION   13.   Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-577. (A) It is unlawful for any person at least seventeen years of age to knowingly and intentionally:

(1)   use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Sections 44-53-370 or 44-53-375(B);

(2)   receive a controlled substance from a person under seventeen years of age in violation of this chapter; or

(3)   conspire to use, solicit, direct, hire, persuade, induce, entice, coerce, or employ a person under seventeen years of age to violate Sections 44-53-370 or 44-53-375(B).

(B)   Any person who violates subsections (A)(1), (A)(2), or (A)(3) is guilty of a felony and, upon conviction, must be punished by a term of imprisonment of not less than five years nor more than fifteen years. A violation of this section constitutes a separate offense."

SECTION   14.   Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-745. (A) A person convicted of a controlled substance violation under Chapter 53 of Title 44 involving hashish or marijuana must, upon conviction, have his driver's license suspended for a period of six months, and a person convicted of any other controlled substance violation under Chapter 53 of Title 44 must have his driver's license suspended for a period of one year.

(B) If the person does not have a driver's license, the court shall order the department not to issue a driver's license for six months after the person is eligible or applies for the issuance of a driver's license if the offense involves hashish or marijuana. If the offense involves any other substance controlled under Chapter 53 of Title 44, the court shall order the department not to issue a driver's license for one year after the person is eligible or applies for the issuance of a driver's license.

(C) (1) If an individual is employed at the time his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed, that there is no adequate public transportation between his residence and his place of employment, and that his job does not require him to drive.

(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as the times during which the individual may operate a motor vehicle. A change in the employment hours, place of employment, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment or residence, is ten dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.

(D) Any person convicted under this section and obtaining a license under subsection (C) is not required to furnish proof of financial responsibility as provided for in Section 56-1-1350."

SECTION 15.   The felony crimes provided by Section 44-53-375(B) and Section 44-53-375(C) of the 1976 Code, as contained in Section 8 of this act; Section 44-53-475 of the 1976 Code, as contained in Section 11 of this act; and Section 44-53-577 of the 1976 Code, as contained in Section 13 of this act are added to the list of crimes classified as felonies pursuant to Section 16-1-10 of the 1976 Code.

SECTION 16.   Section 16-3-20(C)(a) of the 1976 Code is amended to read:

"(a)   Aggravating circumstances:

(1)   The Murder murder was committed while in the commission of the following crimes or acts:

(a)   criminal sexual conduct in any degree,;

(b)   kidnapping,;

(c)   burglary in any degree,;

(d)   robbery while armed with a deadly weapon,;

(e)   larceny with use of a deadly weapon,;

(f)   killing by poison,; and

(g)   drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445; or

(h)   physical torture.

(2)   The Murder murder was committed by a person with a prior record of conviction for murder.

(3)   The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would normally be hazardous to the lives of more than one person.

(4)   The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other a thing of monetary value.

(5)   The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

(6)   The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

(7)   The offense of murder was committed against any of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties.

(8)   The murder of a family member of an official listed in subitems (5) and (7) above with the intent to impede or retaliate against the official. 'Family member' means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent, or a person living in the official's household and related to him by blood or marriage.

(9)   Murder wherein two Two or more persons are were murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(9)(10)   The murder of a child eleven years of age or under."

SECTION 17.   This act takes effect upon approval by the Governor./

Amend title to conform.

Renumber sections to conform.

Senator WILLIAMS explained the amendment.

On motion of Senator MARTSCHINK, with unanimous consent, the amendment and the Bill were carried over.

SECOND READING BILLS

The following Bills having been read the second time were passed and ordered to a third reading:

H. 5085 -- Rep. McAbee: A BILL TO AMEND ACT 102 OF 1973, RELATING TO THE TAX COLLECTOR FOR MCCORMICK COUNTY, SO AS TO PROVIDE THAT THE COUNTY COUNCIL MAY APPOINT A PERSON OTHER THAN THE COUNTY TREASURER AS TAX COLLECTOR WITH THE CONSENT OF THE COUNTY TREASURER.

Ordered To A Third Reading

On motion of Senator DRUMMOND, H. 5085 was ordered to receive a third reading on Friday, May 25, 1990.

H. 5128 -- Rep. Bruce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF LANDRUM SPORTS ASSOCIATION, INC., IN SPARTANBURG COUNTY.

H. 5129 -- Rep. Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN PHOTOGRAPHIC LABORATORY, INC., IN DARLINGTON COUNTY.

READ THE SECOND TIME

S. 831 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 56 SO AS TO REQUIRE THE LICENSING AND REGULATION OF MOTOR VEHICLE RENTAL AGENCIES AND TO PROVIDE FOR DEFINITIONS, TO PROVIDE THAT ALL RENTAL AGENCIES MUST BE LICENSED BY THE DEPARTMENT, TO REQUIRE RENTAL AGENCIES TO MAINTAIN CERTAIN RECORDS RELATING TO RENTAL MOTOR VEHICLES AND TO PROVIDE PENALTIES FOR VIOLATING THE PROVISIONS OF THIS CHAPTER.

On motion of Senator ROSE, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the second reading of the Bill.

On motion of Senator ROSE, 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.

CARRIED OVER

The following Bill was carried over:

H. 4919 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION.

(On motion of Senator POPE)

AMENDED AND ADOPTED

H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment (Doc. No. 1370o) previously proposed by Senator NELL W. SMITH and printed in the Journal of Thursday, May 10, 1990.

Senator STILWELL explained the amendment.

On motion of Senator STILWELL, the amendment was adopted.

Senators WILLIAMS and COURSON proposed the following amendment (Doc. No. 3713J), which was adopted:

Amend the resolution, as and if amended, page 1, line 26, by striking /fifteen/ and inserting therein /sixteen/.

Amend the resolution further, as and if amended, page 1, line 32, by striking /and/.

Amend the resolution further, as and if amended, page 1, line 33, by inserting /and one member must be appointed by the Chief Justice of the Supreme Court/ after the word /Governor/.

Amend the resolution further, as and if amended, page 2, line 6, by striking /and/ and inserting therein /,/.

Amend the resolution further, as and if amended, page 2, line 7, by inserting /and the Chief Justice/ after the word /Committees/.

Amend the resolution further, as and if amended, page 2, line 14, by striking /and/ and inserting therein /the/.

Amend the resolution further, as and if amended, page 2, line 16, by inserting /, and the per diem paid to the Chief Justice's appointee must be paid out of the accounts of the Judicial Department/ after the word /office/.

Amend title to conform.

Senator COURSON explained the amendment.

The amendment was adopted.

The Concurrent Resolution was adopted, ordered returned to the House with amendments.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE GENERAL APPROPRIATION BILL.

AMENDMENT PROPOSED, DEBATE INTERRUPTED
H. 4800
GENERAL APPROPRIATION BILL

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

On motion of Senator McLEOD, with unanimous consent, previously carried over Amendment No. 166 (Doc. No. 1567o), proposed by Senators McLEOD, PASSAILAIGUE and LEVENTIS and printed in the Journal of Wednesday, May 23, 1990, was taken up for immediate consideration:

Amend the bill, as and if amended, Part II, SECTION 6, by striking SECTION 6 in its entirety and inserting:
/   SECTION 6 TO AMEND SECTION 44-93-160 OF THE 1976 CODE, RELATING TO THE FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO INCREASE THE FEES; TO AMEND SECTION 44-93-170, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE FUND AMOUNT AFTER WHICH TWO-THIRDS OF THE INFECTIOUS WASTE TREATMENT FEE MUST BE CREDITED TO THE INFECTIOUS WASTE CONTINGENCY FUND IS INCREASED FROM ONE MILLION TO FIVE MILLION DOLLARS; AND TO AMEND THE 1976 CODE, BY ADDING SECTION 44-93-210 SO AS TO PLACE CERTAIN LIMITS ON THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR, AND TO AUTHORIZE AN INCREASE IN THE FEES FOR BURNING INFECTIOUS WASTE WHERE THE LIMITATIONS PER MONTH ON THE TONNAGE OF WASTE WHICH MAY BE BURNED ARE UNLAWFULLY VIOLATED.

(1)   Section 44-93-160(A) of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"(A)   There is imposed a fee on the commercial treatment of infectious waste in this State equal to thirty dollars a ton on the pretreatment weight of infectious waste generated outside of this State and twenty-five dollars a ton on the pretreatment weight of infectious waste generated within this State."

(2)   Section 44-93-170 of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"Section 44-93-170. The department shall establish an infectious Waste Contingency Fund to insure the availability of funds for response actions necessary at commercial infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response action associated with infectious waste. This fund must be financed by the fees imposed pursuant to Section 44-93-160. The revenue derived from the fees on waste must be credited to the Infectious Waste Contingency Fund as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees collected must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees collected pursuant to Section 44-93-160 continuing to be placed into a separate and distinct account for counties as provided in this item. Interest earned by the funds must be credited to the fund and that portion of interest earned attributable to the county account must be credited to the county account. Interest credited to the county account must be distributed in the same proportion as funds are distributed to counties pursuant to this section. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county.

(3)   Chapter 93, Title 44 of the 1976 Code is amended by adding:

"Section 44-93-210.   (A)   Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted commercial infectious waste incinerator facility may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies. However, at no time may the limit on the amount of infectious waste burned in a month be less than seven hundred fifty tons.

(B)   The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.

(C)   For purposes of this section, a permitted commercial infectious waste incinerator facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."

(4)   From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.

(5)   The provisions of subsections (3) and (4) of this section must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of subsections (3) and (4) of this section which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.

(6)   In the event the infectious waste tonnage limitations in any month are unlawfully exceeded, at a commercial waste incinerator facility, a five dollar per ton increase in the fees imposed pursuant to Section 44-93-160(A) is imposed retroactively on the excess tonnage burned in that month. The funds received from this fee increase must also be deposited in the Infectious Waste Contingency Fund established in Section 44-93-170. The fee increase imposed by this subsection is in addition to any other civil or criminal penalties which may be imposed by law for the tonnage violation.

(7)   This section takes effect July 1, 1990./

Amend title to conform.

Point Of Order Withdrawn

Senator MULLINAX withdrew the Point of Order raised on Wednesday, May 23, 1990, regarding whether or not the amendment was germane to the Bill.

Senator McLEOD argued in favor of the adoption of the amendment.

Senator BRYAN under the provision of Rule 18 requested that the question on the adoption of the amendment be divided.

Point Of Order

Senator BRYAN raised a Point of Order that under Rule 18 that within the insertion portion of the amendment were different issues which could be divided notwithstanding the fact that the amendment was a strike and insert amendment.

Senator McLEOD spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator MULLINAX argued contra to the adoption of the amendment.

Senator WADDELL, with unanimous consent, Senator MULLINAX retaining the floor, was granted leave to address brief remarks to the body and, upon conclusion thereof, the Senate would recede.

Debate was interrupted by recess, Senator MULLINAX retaining the floor.

RECESS

At 1:03 P.M., on motion of Senator WADDELL, the Senate receded from business until 2:30 P.M.

At 2:35 P.M., the Senate resumed.

AMENDED, AMENDMENT PROPOSED,
DEBATE INTERRUPTED
H. 4800
GENERAL APPROPRIATION BILL

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 166 (Doc. No. 1567o) proposed by Senators McLEOD, PASSAILAIGUE and LEVENTIS.

Point Of Quorum

Senator WADDELL made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator PASSAILAIGUE, with unanimous consent, Senator MULLINAX retaining the floor, was granted leave to address brief remarks to the body.

Senator MULLINAX argued contra to the adoption of the amendment.

Objection

Senator WILLIAMS asked unanimous consent, with Senator MULLINAX retaining the floor, to make a motion to take up Amendment No. 326A (Doc. No. 5259P), proposed by Senator WILLIAMS, for immediate consideration.

Senator WILSON objected.

Objection

Senator WILLIAMS asked unanimous consent, with Senator MULLINAX retaining the floor, to make a motion to take up Amendment No. 324 (Doc. No. 3745J) proposed by Senator WILLIAMS for immediate consideration.

Senator WILSON objected.

Senator MULLINAX continued arguing contra to the adoption of Amendment No. 166.

Objection

H. 4246 -- Reps. McTeer and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-210 SO AS TO LIMIT THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR.

Senator THOMAS asked unanimous consent, Senator MULLINAX retaining the floor, to make a motion to make the Bill a Special Order and withdraw Amendment No. 166 from consideration.

Senator McLEOD objected.

Senator MULLINAX argued contra to the adoption of the amendment.

RECESS

At 3:24 P.M., on motion of Senator COURSON, with unanimous consent, Senator MULLINAX retaining the floor, the Senate receded from business not to exceed ten minutes.

At 3:54 P.M., the Senate resumed.

Leave Of Absence

Senator PATTERSON requested and was granted a leave of absence for Saturday, May 26, 1990, beginning at 5:00 P.M. for the remainder of the day.

Senator MULLINAX argued contra to the adoption of Amendment No. 166.

MOTION FAILS

Senator COURSON moved under Rule 15A to set a time certain of 4:15 P.M. to vote on Amendment No. 166.

Objection

Senator HINDS asked unanimous consent to make a motion that if the motion to set a time certain is adopted, that the results of the vote be applied to all amendments which propose a new Section to Part II of the Bill.

Senator McCONNELL objected.

The "ayes" and "nays" were demanded and taken, resulting as follows:

AYES

Courson                   Fielding                  Hayes
Helmly                    Leventis                  Macaulay
Martin                    Matthews                  McLeod
Passailaigue              Patterson                 Pope
Russell                   Saleeby                   Setzler
Smith, H.C.               Smith, J.V.               Stilwell

Total--18

NAYS

Giese                     Gilbert                   Hinds
Hinson                    Holland                   Land
Martschink                McConnell                 McGill
Moore                     Mullinax                  O'Dell
Peeler                    Rose                      Shealy
Smith, N.W.               Thomas                    Waddell
Williams                  Wilson                    

Total--20

Having failed to receive the necessary vote, the motion fails.

Statement By Senators WADDELL, LAND, HINSON,
O'DELL, McGILL, HOLLAND, PEELER, GIESE, ROSE,
McCONNELL And THOMAS

We voted against the motion to set a time certain to act on this amendment, not based on the merits of the amendment, but solely on the basis that the practice of attaching this type of legislation to the General Appropriation Act is not a sound or proper method for the Senate to act on such matters.

Statement By Senator SHEALY

In addition to the reason given by Senator Waddell and others, I voted "No" because I will stay all weekend before I would vote to deny a fellow Senator the right to speak.

I feel that the matter under discussion, Section 6, should not be in the General Appropriation Bill, and that the ruling that it was germane is in error.

Statement By Senator WILSON

I voted against the motion to set a time certain to act on this amendment, even though I favor the McLeod amendment to reduce infectious waste importation, because I will not vote for cloture while I am willing to sit in the Chamber however long it takes to reach a vote.

Statement By Senator NELL W. SMITH

I voted in opposition to setting a time certain to vote on the Infectious Waste Bill for the following reason:

Although I personally believe that it is improper to attach legislation to the Appropriation Bill, each year this occurs. With legislative time rapidly running out, legislation that has generated public interest and support, has, for one reason or another, failed to receive enough legislative support to be set for special order and therefore, is included in the Appropriation Bill. Setting a time certain for a direct vote on the Infectious Waste Bill will eliminate the need for budget inclusion.

In order to set a time certain to vote on this issue and follow with a direct up/down vote, it did not seem appropriate to limit consideration of other issues to follow.

Senator MULLINAX continued argued contra to the adoption of Amendment No. 166.

Objection

H. 4246 -- Reps. McTeer and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-210 SO AS TO LIMIT THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR.

Senator THOMAS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, and withdraw Amendment No. 166 from consideration.

Senator MACAULAY objected.

Senator MULLINAX argued contra to the adoption of the amendment.

Senator MULLINAX moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

AYES

Bryan                     Hinds                     Land
Long                      McGill                    Mullinax
Thomas                    Waddell                   

Total--8

NAYS

Courson                   Fielding                  Giese
Gilbert                   Hayes                     Helmly
Leatherman                Lee                       Leventis
Lourie                    Macaulay                  Martin
Martschink                Matthews                  McConnell
McLeod                    Moore                     Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Williams                  Wilson                    

Total--32

The Senate refused to table Amendment No. 166.

Statement By Senator WADDELL

I voted to table this amendment, not based on the merits of the amendment, but solely on the basis that the practice of attaching this type of legislation to the General Appropriation Act is not a sound or proper method for the Senate to act on such matters.

Statement By Senator BRYAN

I voted to table Amendment No. 166 to H.4800, not because of opposition to the amendment, but due to the fact that it should not be a part of the General Appropriation Act.

The question was the adoption of the amendment.

Motion Withdrawn

Senator LOURIE moved under Rule 15-A to set a time certain of 7:00 P.M. on Friday, May 25, 1990, to set a time certain to vote on the entire matter of third reading of the Bill.

Senator McCONNELL spoke on the motion.

Senator SETZLER spoke on the motion.

Senator LOURIE withdrew the motion.

Senator LEVENTIS argued in favor of the adoption of the amendment and Senator MULLINAX argued contra.

On motion of Senator WILLIAMS, with unanimous consent, Senator MULLINAX retaining the floor, Amendment No. 324A (Doc. No. 3745J) proposed by Senator WILLIAMS was taken up for immediate consideration and adopted as follows:

Amend the bill, as and if amended, Part II, Section 34, Page 753, Proviso . by :

Deleting the section in its entirety.

ADDING/INSERTING THE FOLLOWING:

/SECTION 34 TO AMEND SECTION 59, PART II, ACT 189 OF 1989, THE GENERAL APPROPRIATIONS ACT FOR 1989-90, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO EXPEND A MAXIMUM OF TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS TO STUDY COMPUTER INFRASTRUCTURE NEEDS OF STATE GOVERNMENT AND TO AUTHORIZE THE COUNCIL TO UNDERTAKE AN ADDITIONAL STUDY WITH THE PREVIOUSLY ALLOCATED FUNDING.
Section 59, Part II of Act 189 of 1989 is amended to read:

"From the funds set aside pursuant to Section 12-27-1270 of the 1976 Code, the South Carolina Coordinating Council for Economic Development may spend an amount not exceeding two hundred seventy-five thousand dollars in Fiscal Year 1989-90 for one or more of the following activities: (1) a study to determine the computer infrastructure needs of state government, and (2) a contract with the State Development Board to study interrelations of the Geographical Information Systems overlay project and the state computer infrastructure study not to exceed two hundred thousand dollars. Any unexpended funds at the end of Fiscal Year 1989-90 may be carried forward and expended for the same purpose in Fiscal Year 1990-91. Provided, however, no funds may be expended for any supplies, equipment, personnel, or other purpose relating to the upcoming decennial reapportionment."

SECTION 34A TO AMEND SECTION 59, PART II, ACT 189 OF 1989, THE GENERAL APPROPRIATIONS ACT FOR 1989-90, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO EXPEND A MAXIMUM OF SEVEN HUNDRED TWENTY-FIVE THOUSAND DOLLARS, SO AS TO AUTHORIZE THE COUNCIL TO UNDERTAKE ADDITIONAL STUDIES WITH PREVIOUSLY ALLOCATED FUNDING.
Section 59, Part II of Act 189 of 1989, as amended by Section 34 of Part II of this act, is further amended by adding:

"From the funds set aside pursuant to Section 12-27-1270 of the 1976 Code, the South Carolina Coordinating Council for Economic Development may spend an amount not exceeding seven hundred twenty-five thousand dollars in Fiscal Year 1989-90 for one or more of the following activities: (1) additional money for the Department of Parks, Recreation and Tourism to advertise nationally and promote the South Carolina tourism industry, and (2) assist the University of South Carolina, Clemson, and sixteen technical colleges with the Southeast Manufacturing Center. Any unexpended funds at the end of Fiscal Year 1989-90 may be carried forward and expended for the same purpose in Fiscal Year 1990-91."/

Amend sections, totals and title to conform.

Senator MULLINAX continued arguing contra to the adoption of Amendment No. 166.

Point Of Quorum

Senator GILBERT made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call Of The Senate

Senator GILBERT moved that a call of the Senate be made. The following Senators answered the call:

Courson                   Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Leventis                  Long
Lourie                    Macaulay                  Martin
Martschink                Matthews                  McConnell
McGill                    McLeod                    Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Peeler                    Pope
Rose                      Russell                   Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

The Senate resumed.

Senator MULLINAX argued contra to the adoption of Amendment No. 166.

Motion Fails

Senator McLEOD moved under Rule 15A to set a time certain of 6:10 P.M. to vote on Amendment No. 166.

The "ayes" and "nays" were demanded and taken, resulting as follows:

AYES

Courson                   Giese                     Hayes
Helmly                    Leatherman                Leventis
Lourie                    Macaulay                  Martin
Matthews                  McLeod                    Passailaigue
Patterson                 Pope                      Russell
Saleeby                   Setzler                   Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell

Total--21

NAYS

Hinds                     Hinson                    Land
Long                      Martschink                McConnell
Moore                     Mullinax                  O'Dell
Peeler                    Rose                      Shealy
Thomas                    Waddell                   Wilson

Total--15

Having failed to receive the necessary vote, the motion failed.

Statement By Senators WADDELL, O'DELL,
McCONNELL, THOMAS, ROSE, PEELER And HINSON

We voted against the motion to set a time certain to act on this amendment, not based on the merits of the amendment, but solely on the basis that the practice of attaching this type of legislation to the General Appropriation Act is not a sound or proper method for the Senate to act on such matters.

Statement By Senator WILSON

I voted against the motion to set a time certain to act on this amendment, even though I favor the McLeod amendment to reduce infectious waste importation, because I will not vote for cloture while I am willing to sit in the Chamber, however long it takes to reach a vote.

Leave Of Absence

Senator RUSSELL requested and was granted a leave of absence from 6:00 P.M. tonight until 10:00 A.M. on Friday, May 25, 1990.

Leave Of Absence

Senator COURSON requested and was granted a leave of absence from 7:00 until 8:30 P.M. tonight.

Senator MULLINAX argued contra to the adoption of Amendment No. 166.

RECESS

At 7:10 P.M., on motion of Senator LOURIE, with unanimous consent, Senator MULLINAX retaining the floor, the Senate receded from business subject to the Call of the Chair.

At 7:40 P.M., the Senate resumed.

Senator MULLINAX argued contra to the adoption of Amendment No. 166.

Motion Adopted

On motion of Senators MULLINAX and McLEOD, with unanimous consent, Amendment No. 166 was amended as follows (Doc. No. 2070X) to be reflected as Amendment No. 166A:

Amend the bill, as and if amended, Part II, SECTION 6, by striking SECTION 6 in its entirety and inserting:

/SECTION 6 TO AMEND SECTION 44-93-160 OF THE 1976 CODE, RELATING TO THE FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO INCREASE THE FEES; TO AMEND SECTION 44-93-170, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE FUND AMOUNT AFTER WHICH TWO-THIRDS OF THE INFECTIOUS WASTE TREATMENT FEE MUST BE CREDITED TO THE INFECTIOUS WASTE CONTINGENCY FUND IS INCREASED FROM ONE MILLION TO FIVE MILLION DOLLARS; AND TO AMEND THE 1976 CODE, BY ADDING SECTION 44-93-210 SO AS TO PLACE CERTAIN LIMITS ON THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR, AND TO AUTHORIZE AN INCREASE IN THE FEES FOR BURNING INFECTIOUS WASTE WHERE THE LIMITATIONS PER MONTH ON THE TONNAGE OF WASTE WHICH MAY BE BURNED ARE UNLAWFULLY VIOLATED.

(1)   Section 44-93-160(A) of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"(A)   There is imposed a fee on the commercial treatment of infectious waste in this State equal to thirty dollars a ton on the pretreatment weight of infectious waste generated outside of this State and twenty-five dollars a ton on the pretreatment weight of infectious waste generated within this State."

(2)   Section 44-93-170 of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"Section 44-93-170. The department shall establish an infectious Waste Contingency Fund to insure the availability of funds for response actions necessary at commercial infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response action associated with infectious waste. This fund must be financed by the fees imposed pursuant to Section 44-93-160. The revenue derived from the fees on waste must be credited to the Infectious Waste Contingency Fund as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees collected must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees collected pursuant to Section 44-93-160 continuing to be placed into a separate and distinct account for counties as provided in this item. Interest earned by the funds must be credited to the fund and that portion of interest earned attributable to the county account must be credited to the county account. Interest credited to the county account must be distributed in the same proportion as funds are distributed to counties pursuant to this section. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county.

(3)   Chapter 93, Title 44 of the 1976 Code is amended by adding:

"Section 44-93-210.   (A)   Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted commercial infectious waste incinerator facility may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies. However, at no time may the limit on the amount of infectious waste burned in a month be less than fifteen hundred tons.

(B)   The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.

(C)   For purposes of this section, a permitted commercial infectious waste incinerator facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."

(4)   From July through December, 1990, no more than fifteen hundred tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.

(5)   The provisions of subsections (3) and (4) of this section must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's decree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of subsections (3) and (4) of this section which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.

(6)   In the event the infectious waste tonnage limitations in any month are unlawfully exceeded, at a commercial waste incinerator facility, a five dollar per ton increase in the fees imposed pursuant to Section 44-93-160(A) is imposed retroactively on the excess tonnage burned in that month. The funds received from this fee increase must also be deposited in the Infectious Waste Contingency Fund established in Section 44-93-170. The fee increase imposed by this subsection is in addition to any other civil or criminal penalties which may be imposed by law for the tonnage violation.

(7)   This section takes effect July 1, 1990./

Amend title to conform.

Senator McLEOD explained the amended amendment.

Senator McLEOD moved that the amended amendment be adopted.

The amended amendment was adopted.

Statement By Senator WADDELL

I voted against this amendment, not based on the merits of the amendment, but solely on the basis that the practice of attaching this type of legislation to the General Appropriation Act is not a sound or proper method for the Senate to act on such matters.

Leave Of Absence

Senator LOURIE requested and was granted a leave of absence from 8:05 until 9:30 P.M. tonight.

Senators THOMAS and POPE proposed the following Amendment No. 297 (Doc. No. 2004X), which was ruled out of order:

Amend the Finance Committee Report, as and if amended, PART II, by adding after SECTION 6:

/SECTION 7 TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE FROM THREE AND ONE-HALF MILLS TO FOUR AND ONE-HALF MILLS THE TAX ON EACH CIGARETTE.
A.   Section 12-21-620(5) of the 1976 Code is amended to read:

"(5)   Upon all cigarettes made of tobacco or any substitute for tobacco, four and one-half mills on each cigarette;"
B.   This section takes effect July 1, 1990./

Renumber sections to conform.

Amend totals and title to conform.

Senator POPE argued in favor of the adoption of the amendment.

Point Of Order

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... or new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator POPE spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator LAND spoke on the Point of Order.

Senator MOORE spoke on the Point of Order.

Senator GILBERT spoke on the Point of Order.

Senator GIESE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator PASSAILAIGUE proposed the following Amendment No. 174 (Doc. No. 3938R), which was withdrawn:

Amend the bill, as and if amended, Part II, Section 22, Page 746-747, Proviso . by:

Striking and inserting the following:

/SECTION ___ TO REPEAL SECTION 12-35-1230 OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES AND USE TAXES AND TO PROVIDE FOR INDIVIDUAL TAX CREDITS BASED ON ADDITIONAL REVENUE GENERATED BY THE REPEAL OF SECTION 12-35-1230.

A. Section 12-35-1230 of the 1976 Code is repealed.

B.   Article 21, Chapter 7 of Title 12 of the 1976 Code is amended by adding:

"Section 12-7-2419. (1) Any resident individual who was domiciled in this State for the entire applicable tax year and who, during that year, was not in the custody of a state or federal penal, mental health, or retardation institution, required by law to file and who has filed a South Carolina Income Tax return is allowed a credit against taxes due under Section 12-7-210 equal to the amount of seven dollars for each personal exemption if the exemption is claimed on the taxpayer's South Carolina income tax return of tax year 1991, and thereafter. If the amount of the credit exceeds the income taxes otherwise due on the taxpayer's income or if there are no South Carolina income taxes due on the taxpayer's income, the amount of the credit not used as an offset against income taxes, after certification by the Commission, must be paid to the taxpayer by the State Treasurer from the state general fund. No interest is allowed on any payment made to a taxpayer pursuant to this section.

(2) No credit may be paid or allowed unless it is actually filed with the Commission on or before the due date of the taxpayer's tax return or any extension period granted by the Commission.

(3) The amount of any credit otherwise allowable under this section may be applied by the Commission against any liability outstanding on the records of the Commission against the taxpayer or against the taxpayer's spouse.

(4) The Commission shall make available suitable forms with instructions, including a form which must be included with or as part of the individual income tax forms. The credit must be in a form as the Commission may prescribe.

(5) The tax credit allowed under this section is based on revenue generated from the repeal of Section 12-37-1230. The Tax Commission shall annually multiply and adjust the credit amount set forth in this section by the percentage of the discount previously allowed for the timely payment of sales and use tax which would have previously been allowed under Section 12-37-1230."

C.   This section takes effect December 31, 1990./

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

On motion of Senator PASSAILAIGUE, with unanimous consent, the amendment was withdrawn.

Senators MATTHEWS, PATTERSON, FIELDING and GILBERT proposed the following Amendment No. 304 (Doc. No. 1904X), which was adopted:

Amend the bill, as and if amended, Part II, Section 28, Page 0749, right column, on line 38, by striking /the year of/ and inserting /nine years from the date of/, and on line 41, by striking /between July 1, 1990, and June 30, 1999/ and inserting /while certified as a WBE or MBE/.

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 348 (Doc. No. 4054R), which was carried over:

Amend the bill, as and if amended, Part II, Section 47, Page 0756, Proviso . by:

Deleting the proviso in its entirety.

Amend sections, totals and title to conform.

Senator McCONNELL 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:

AYES

Holland                   Land                      Long
Macaulay                  Matthews                  McGill
Moore                     Patterson                 Peeler
Pope                      Saleeby                   Smith, H.C.
Smith, J.V.               Smith, N.W.               Waddell

Total--15

NAYS

Giese                     Gilbert                   Hayes
Helmly                    Hinson                    Leatherman
Leventis                  Martschink                McConnell
Passailaigue              Rose                      Shealy
Stilwell                  Thomas                    Wilson

Total--15

The PRESIDENT voted "No".

Senator LEVENTIS moved that the amendment be adopted.

Senator LAND moved to carry over the amendment.

Senator SHEALY moved to lay the motion to carry over the amendment on the table.

The Senate refused to table the motion to carry over the amendment.

The question was the motion to carry over the amendment.

The amendment was carried over.

Statement By Senator PASSAILAIGUE

I would like the Journal to reflect that on Wednesday, May 23, I placed amendments on the desk, which were ruled out of order, that would have stricken pay raises for legislative members, gubernatorial officers and other constitutional officers. My vote today against increasing the salary of the Code Commissioner in no way reflects on any person, but is based on fiscal responsibility during a tight budget year.

Statement By Senator SHEALY

I wish the record to show I voted against carrying over the amendment to strike the provision on page 756. This is, I believe, an attempt to marshal votes so that the provision will remain in the Bill and peg the salary of the Code Commissioner to that of the circuit judges, that is $82,875 a year. This would be the pay for one of the present members of the Senate for his first year as Code Commissioner. This is an increase of over 7 1/2 thousand dollars over the pay of the present Code Commissioner who is an attorney with 32 years experience and 15 years as Code Commissioner, and who has a reputation for integrity in handling proposed legislation.

This appears to be the worst abuse of what is often referred to as the "good ole boy" system. Further, it is a salary riding on a fast horse. Pay raises for the few circuit judges, have, it appears to me, historically and presently, more support than adequate pay for the people who guard our prisoners or put their lives on the line protecting the citizens of the State. My strong feeling on this matter is not directed at the Senator who is scheduled to be the new Code Commissioner but what is to me an incomprehensible and unconscionable raise in his pay by fellow Senators.

Statement By Senator MACAULAY

I voted to table the amendment that would strike the proviso relating to the annual compensation of the Code Commissioner of the State because the salary would be the same as is provided on the line item for this office in the current Bill, which, upon review, reflects a cumulative increase of only 3.5 percent for the past six years, there having been a cumulative increase of only 2.5 percent for the first 5 years. Such an adjustment appears to be in line with that provided others in state government who have received equivalent, or more, increases in their base pay for the corresponding years.

Senator WADDELL proposed the following Amendment No. 44 (Doc. No. 5044W), which was adopted:

Amend the bill, as and if amended, Part II, Section 49, Page 758, Proviso . by:

DELETING THE PROVISO IN ITS ENTIRETY.

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Leave Of Absence

Senator McCONNELL requested and was granted a leave of absence from 9:25 P.M. tonight until 3:00 P.M. on Friday, May 25, 1990.

Leave Of Absence

Senator POPE requested and was granted a leave of absence for Friday, May 25, 1990, from 2:30 until 6:00 P.M.

Senator LEATHERMAN proposed the following Amendment No. 141 (Doc. No. 3924R):

Amend the bill, as and if amended, Part II, Section 51, Page 759, Proviso . by:

Deleting the proviso in its entirety.

Amend sections, totals and title to conform.

Senator LEATHERMAN argued in favor of the adoption of the amendment and Senator SETZLER argued contra.

Senator WADDELL spoke on the amendment.

On motion of Senator WADDELL, debate was interrupted by adjournment.

Time Fixed

Senator WADDELL moved that when the Senate adjourns, it stand adjourned to meet tomorrow at 10:00 A.M., which motion was adopted.

ADJOURNMENT

At 10:10 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 10:00 A.M.

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