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

TUESDAY, JUNE 5, 1990

Tuesday, June 5, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear St. Paul, in a similar mood to ours, as he wrote to the Corinthians (I Cor. 10:31-33):

"So whether you eat or drink, or

whatever you do, do it all for the

glory of God. Do not cause anyone to

stumble, whether Jews, Greeks or the

church of God... even as I try to

please everybody in every way. For I

am not seeking my own good but the

good of many, so that they may be

saved."
Let us pray.

O Lord, our God, in a world where we are so often bewildered by doubt, dismay, complicated issues and clouded understandings, lift up our hearts with the realization that there can be a world brighter with hope if we can be steadfast in the virtues of faith, love and a real sensitivity to human need.

May we be helpful to our fellow workers here as we seek help for ourselves.

May we understand others as well as desire to be understood by them.

Dignify, O Lord, the concept of being servant of all... in the spirit of St. Paul and of the prophet Isaiah who spoke of the "suffering servant" in whose Name we pray.

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

June 5, 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

Reappointment, Member, Hearing Aid Dealers and Fitters Commission, Number 5, with term to expire November 1, 1993:

Dr. J. Capers Hiott, 976 Club Lane, Sumter, South Carolina 29150

Referred to the Committee on Medical Affairs.

DOCTOR OF THE DAY

Senator WILLIAMS introduced Dr. Louie Costa of Orangeburg, Doctor of the Day.

DOCTOR OF THE DAY

Senator McCONNELL introduced Dr. Stephanie Smith-Phillips of Mt. Pleasant, Doctor of the Day.

Leave Of Absence

Senator GIESE requested and was granted a leave of absence from 5:00 until 7:00 P.M. today.

Leave Of Absence

Senator STILWELL requested and was granted a leave of absence from 1:00 P.M. on Wednesday, June 6 until the Senate reconvenes on Thursday, June 7, 1990.

Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Wilkins, Clyborne and D. Martin of the Committee of Conference on the part of the House on:
S. 1240 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 578, S. 1568 by a vote of 4 to 0:
(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.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Hallman, McElveen and McEachin of the Committee of Free Conference on the part of the House on:
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4038 -- Reps. Sharpe, Corbett, Hallman, Manly, Sturkie, Waites and Wilkes: A BILL TO AMEND CHAPTER 5, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDWATER USE ACT, SO AS TO REVISE AND PROVIDE FOR ADDITIONAL DEFINITIONS IN REGARD TO THIS ACT, TO FURTHER PROVIDE FOR FACTORS WHICH THE WATER RESOURCES COMMISSION SHALL CONSIDER IN DETERMINING AND DECLARING CAPACITY USE AREAS IN THE STATE, TO REVISE THE PROCEDURES REQUIRED TO BE FOLLOWED IN DECLARING A CAPACITY USE AREA, TO FURTHER PROVIDE FOR THE PROMULGATION OF THE REGULATIONS TO BE APPLIED IN A CAPACITY USE AREA, TO REVISE THE CONDITIONS UNDER WHICH, PROCEDURES UNDER WHICH, AND DURATION OF GROUNDWATER USE PERMITS WHICH MAY BE ISSUED IN THE CAPACITY USE AREA, TO AUTHORIZE THE COMMISSION TO COOPERATE WITH OTHER STATE AGENCIES AND AGENCIES OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE PROVISIONS OF THIS ACT, TO AUTHORIZE THE IMPOSITION BY THE COMMISSION OF CERTAIN CIVIL PENALTIES FOR THE VIOLATION OF THIS ACT, AND TO PROHIBIT CERTAIN FLOWING WELLS AND TO PROVIDE EXCEPTIONS.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

FREE CONFERENCE COMMITTEE APPOINTED

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.

On motion of Senator HOLLAND, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators HOLLAND, STILWELL and BRYAN of the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

ORDERED ENROLLED FOR RATIFICATION
Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4476 -- Rep. Moss: A BILL 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 IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
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.

Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. McLellan, Carnell and Winstead of the Committee of Free Conference on the part of the House on:

H. 4800
GENERAL APPROPRIATION BILL

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 5, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4852 -- Reps. Wilkins, D. Martin, Burch, Hodges, Gentry, Huff, Clyborne, Nettles, Hayes, Harwell, Fair, McKay, Kinon, Corning, Keesley, Haskins and Wilder: A BILL TO ENACT THE "SAFE SCHOOLS ACT OF 1990"; TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE FOR MANDATORY FINE AND IMPRISONMENT AS PUNISHMENT, RATHER THAN "FINE OR IMPRISONMENT OR BOTH", AND TO PROVIDE FOR A SEPARATE CRIMINAL OFFENSE OF PURCHASING UNLAWFULLY A CONTROLLED SUBSTANCE WHILE WITHIN A RADIUS OF ONE-HALF MILE OF THE GROUNDS OF AN ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL AND PROVIDE A PENALTY; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT IF A CHILD FIFTEEN YEARS OF AGE OR OLDER IS CHARGED WITH A VIOLATION OF SECTION 16-23-430(1) OR SECTION 44-53-445, THE COURT MAY, UNDER CERTAIN CONDITIONS AND CIRCUMSTANCES, BIND OVER THE CHILD FOR PROPER CRIMINAL PROCEEDINGS TO A COURT WHICH WOULD HAVE TRIAL JURISDICTION OF THE OFFENSES IF COMMITTED BY AN ADULT; TO AMEND SECTION 20-7-3300, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS OF THE DEPARTMENT OF YOUTH SERVICES AND EXCEPTIONS, SO AS TO PROVIDE THAT RECORDS AND INFORMATION PROVIDED TO A PUBLIC OR PRIVATE SCHOOL BY THE DEPARTMENT MUST INCLUDE, IN CERTAIN CASES, A COPY OF, AND, IF REQUESTED, INFORMATION ABOUT, THE PERSON'S JUVENILE CRIMINAL RECORD, AND REQUIRE SCHOOL DISTRICTS TO DEVELOP A POLICY FOR SCHOOLS TO FOLLOW WITHIN THE DISTRICT REGARDING THE CONFIDENTIALITY OF THE RECORDS AND OTHER INFORMATION; AND TO AMEND CHAPTER 63, TITLE 59, RELATING TO EDUCATION AND PUPILS GENERALLY, BY ADDING ARTICLE 4 SO AS TO ENACT THE "SCHOOL CRIME REPORT ACT".
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4870 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4987 -- Rep. Corning: 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.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

CONFERENCE COMMITTEE APPOINTED
Message From The House

Columbia, S.C., June 5, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.
Very respectfully,
Speaker of the House

On motion of Senator WILLIAMS, the Senate insisted upon its amendments to the Concurrent Resolution and asked for a Committee of Conference.

Whereupon the PRESIDENT appointed Senators WILLIAMS, STILWELL and HOLLAND of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Message From The House

Columbia, S.C., June 4, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5092 -- Reps. Barfield, M.O. Alexander, T.C. Alexander, Altman, J. Bailey, K. Bailey, Baxley, Beasley, Bennett, Blackwell, G. Brown, R. Brown, Bruce, Burch, Carnell, Chamblee, Corbett, Cork, Davenport, Elliott, Fant, Farr, Felder, Gordon, Hallman, P. Harris, Haskins, Hayes, Hendricks, Holt, Huff, Jaskwhich, Kay, Keegan, Keyserling, Koon, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McGinnis, McKay, McLeod, McTeer, Neilson, Nesbitt, Nettles, Phillips, Rama, Rhoad, J. Rogers, Sharpe, Simpson, Smith, Snow, Taylor, Tucker, Vaughn, Waldrop, Washington, Wells, Whipper, White, Wilkes, Wilkins, J. Williams and Wofford: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ELIMINATE THE PARTICIPATION OF PRIVATE COMPANIES IN THE UNITED STATES DEPARTMENT OF AGRICULTURE'S FEDERAL CROP INSURANCE CORPORATION PROGRAM, NOT TO ENACT PROVISIONS IN THE 1990 FARM BILL WHICH WOULD ABOLISH THE FEDERAL CROP SYSTEM AND THE LEASE AND TRANSFER SYSTEM OF TOBACCO ALLOTMENTS, AND NOT TO ENACT PROVISIONS OF H.R. 4077 WHICH WOULD DISMANTLE THE PRESENT STRUCTURE OF THE FARMERS HOME ADMINISTRATION.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1633 -- Senators Setzler, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THOMAS H. ACKERMAN OF COLUMBIA FOR HIS MANY ACCOMPLISHMENTS WHILE SERVING AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS UPON THE OCCASION OF HIS RETIREMENT.

Returned with concurrence.

Received as information.

S. 1634 -- Senators Mullinax, Macaulay and O'Dell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE M. J. "DOLLY" COOPER OF PIEDMONT IN ANDERSON COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, UPON HIS RETIREMENT FROM THE HOUSE.

Returned with concurrence.

Received as information.

RECALLED FROM LEGISLATIVE COUNCIL

H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was recalled from Legislative Council.

RECALLED AND READ

H. 4630 -- Reps. McAbee, Felder and Kinon: A BILL TO AMEND SECTION 8-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES FOR CERTAIN NATIONAL GUARD OR RESERVE MILITARY SERVICE, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THESE AUTHORIZED LEAVES OF ABSENCE, TO REVISE THE TYPES OF SERVICE OR TRAINING FOR WHICH THESE LEAVES OF ABSENCE ARE AUTHORIZED, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS MUST BE CONSTRUED.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the General Committee.

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

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

RECALLED, AMENDED AND READ

H. 5089 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.

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

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

Senator THOMAS proposed the following amendment (Doc. No. 5298P), which was adopted:

Amend the bill, as and if amended, page 1, by adding a new SECTION to read:

/SECTION ____. Authority is granted to the Secretary of State to restore the charter of Lin Wood Developers, Inc., in Greenville County upon payment to the South Carolina Tax Commission of taxes, penalties, and interest found to be due. The Secretary of State shall note the reinstatement upon the record of the original charter./

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator WILLIAMS, H. 5089 was ordered to receive a third reading on Wednesday, June 6, 1990.

RECALLED AND READ

H. 5098 -- Rep. G. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC. OF BISHOPVILLE, S. C. IN LEE COUNTY.

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

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

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1635 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO COMMEND MARGARET RHINE OF LEXINGTON, A FIFTH GRADE STUDENT AT LEXINGTON ELEMENTARY SCHOOL, FOR WINNING THE LEXINGTON SCHOOL DISTRICT ONE AND REGIONAL SPELLING BEE.

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

S. 1636 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION OF THE GENERAL ASSEMBLY TO THE HONORABLE HOLMES C. DREHER FOR HIS MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO LEXINGTON COUNTY AND TO THE STATE OF SOUTH CAROLINA AND EXTENDING BEST WISHES TO HIM ON THE OCCASION OF HIS RETIREMENT AS A MEMBER OF THE SOUTH CAROLINA WORKER'S COMPENSATION COMMISSION.

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

H. 5161 -- Reps. Barfield, McLeod, Bennett, Harvin, McKay, Harwell, G. Brown, Rhoad, Keegan, J. Rogers and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO INCLUDE IN THE 1990 FARM BILL A HOMESTEAD PROTECTION PROVISION WHEREBY FARMERS AND THEIR SPOUSES WHO ARE AT LEAST SIXTY YEARS OLD AND WHOSE DEBT RESTRUCTURING PLANS LEAVE NO REASONABLE ALTERNATIVE BUT FORECLOSURE OR HOMESTEAD PROTECTION WOULD BE OFFERED HOMESTEAD PROTECTION AS DEFINED IN THE 1987 AGRICULTURAL CREDIT ACT (THE HOUSE AND UP TO TEN SURROUNDING ACRES) AND THAT THIS HOMESTEAD PROTECTION BE PUT IN THE FORM OF A LIFE ESTATE FOR THE FARMER AND HIS SPOUSE.

Referred to the Committee on Agriculture and Natural Resources.

H. 5170 -- Rep. Barfield: A CONCURRENT RESOLUTION TO CONGRATULATE THE AYNOR HIGH SCHOOL GIRLS' SOFTBALL TEAM FOR WINNING THE CLASS A STATE CHAMPIONSHIP.

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

H. 5171 -- Reps. Mappus, J. Bailey, Barber, Hallman, Holt, Kohn, D. Martin, Rama, Washington, Whipper, Winstead, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Foster, Gentry, Glover, Gordon, Gregory, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Limehouse, Littlejohn, Manly, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE 1990 CITADEL BULLDOG BASEBALL TEAM AND COACH CHAL PORT FOR THEIR MAGNIFICENT SEASON AND FOR EARNING A PLACE IN THE COLLEGE WORLD SERIES, AND TO WISH THE TEAM AND COACHES THE BEST OF LUCK DURING THE COLLEGE WORLD SERIES.

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

H. 5172 -- Reps. Blanding, McLeod, G. Brown and Baxley: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILLIAM BAKER SANDERS, SR., OF SUMTER COUNTY.

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

H. 5173 -- Rep. Cole: A CONCURRENT RESOLUTION CONGRATULATING THOMAS M. STOKES OF SPARTANBURG COUNTY, PRINCIPAL OF PINE STREET ELEMENTARY SCHOOL, ON BEING SELECTED AS THE 1990 RECIPIENT OF THE "NATIONAL DISTINGUISHED PRINCIPAL" AWARD.

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

H. 5174 -- Reps. Hendricks, L. Martin, Mattos and Beasley: A CONCURRENT RESOLUTION TO CONGRATULATE OUR DISTINGUISHED COLLEAGUE THE HONORABLE EDWARD W. "ED" SIMPSON, JR., OF PICKENS COUNTY FOR HIS CONTRIBUTIONS TO THE GENERAL ASSEMBLY OVER HIS LONG CAREER ON THE OCCASION OF HIS RETIREMENT.

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

H. 5175 -- Reps. Phillips, L. Martin, Carnell, Moss, Nesbitt, Cole, Davenport, Littlejohn, Lanford, McGinnis, Bruce, Wells and Farr: A CONCURRENT RESOLUTION TO CONGRATULATE SPARTAN MILLS IN SPARTANBURG COUNTY AND THE MONTGOMERY FAMILY WHICH FOUNDED THIS COMPANY ON ITS ONE HUNDREDTH ANNIVERSARY.

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

H. 5176 -- Reps. J. Bailey, Barber, Hallman, Holt, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILLIAM E. CRAVER, JR. OF CHARLESTON FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE CHARLESTON COUNTY AVIATION AUTHORITY, UPON HIS RETIREMENT FROM THE AUTHORITY.

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

H. 5177 -- Reps. J. Bailey, Barber, Hallman, Holt, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE HAROLD J. DUKES FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE CHARLESTON COUNTY AVIATION AUTHORITY, UPON HIS RETIREMENT FROM THE AUTHORITY.

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

H. 5178 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING MS. TANDRA LEE HATFIELD OF BISHOPVILLE, LEE COUNTY, ON GRADUATING SUMMA CUM LAUDE FROM COLUMBIA COLLEGE WITH A PERFECT 6.0 GRADE POINT AVERAGE.

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

H. 5160 -- Rep. Carnell: A BILL TO PROVIDE THAT ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY MUST BE DISTRIBUTED TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE.

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

Ordered To A Second Reading

On motion of Senator DRUMMOND, H. 5160 was ordered to receive a second reading on Wednesday, June 6, 1990.

H. 5164 -- Rep. Felder: A BILL TO PROVIDE FOR THE MANNER IN WHICH CERTAIN SCHOOL AND EDUCATIONAL MATTERS MUST BE UNDERTAKEN IN CALHOUN COUNTY.

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

H. 5165 -- Rep. Rhoad: A BILL TO AUTHORIZE BAMBERG COUNTY SCHOOL DISTRICTS ONE AND TWO TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 4050 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICT 17 BY ESTABLISHING SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED BEGINNING WITH THE 1990 GENERAL ELECTION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.

H. 5137 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS - LIMITED CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

HOUSE BILLS RETURNED

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

H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.

H. 4531 -- Rep. Beasley: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A CANDIDATE TO RUN IN CERTAIN ELECTIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NONPARTISAN SCHOOL TRUSTEE ELECTIONS IN ANY SCHOOL DISTRICT WHERE LOCAL LAW PROVISIONS PROVIDE FOR OTHER DATES AND PROCEDURES FOR FILING STATEMENTS OF CANDIDACY.

READ THE THIRD TIME

H. 4195 -- Reps. Sharpe, Bruce and Smith: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONES 3, 6, 7, 9, 10, AND 11 AND IN GAME ZONE 4 NO CLOSED SEASON EXCEPT IN WILDLIFE MANAGEMENT AREA HUNT UNIT BOUNDARIES.

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

The question being the third reading of the Bill.

On motion of Senator HINDS, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Amended And Read

H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

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

The question being the third reading of the Bill.

Senator DRUMMOND proposed the following amendment (Doc. No. 2134X), which was adopted:

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

/SECTION __.   Section 34-11-60(a) of the 1976 Code, as last amended by Act 517 of 1988, is further amended to read:

"(a)   It is unlawful for any a person, with intent to defraud, in his own name or in any other capacity, to draw, make, utter, issue, or deliver to another any a check, draft, or other written order on any a bank or depository for the payment of money or its equivalent, whether given to pay rent, make a payment on a lease, obtain money, services, credit, or property of any kind or nature whatever, or anything of value which includes an obligation or debt of state taxes which is past due or presently due, when at the time of drawing, making, uttering, issuing, or delivering the check or draft or other written order the maker or drawer does not have an account in such the bank or depository or does not have sufficient funds on deposit with the bank or depository to pay the same on presentation, or if the check, draft, or other written order has an incorrect or insufficient signature on it to be paid upon presentation."/

Renumber sections to conform.

Amend title to conform.

Senator DRUMMOND 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.

THIRD READING BILL

The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:

S. 1630 -- Senators Leventis and Land: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN SUMTER COUNTY.

SECOND READING BILLS

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

H. 5157 -- Rep. Blackwell: A BILL TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD.

Amended And Read

H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.

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. 3616J) was adopted as follows:

Amend the bill, as and if amended, by striking the title in its entirety and inserting therein the following:

/A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF THREE THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION./

Amend the bill further, as and if amended, page 2, line 2, in Section 20-7-340(A), as contained in SECTION 1, by striking /seven thousand five hundred/ and inserting therein /three thousand/.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator GIESE, with unanimous consent, H. 4628 was ordered to receive a third reading on Wednesday, June 6, 1990.

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 McLEOD asked unanimous consent, to take the Bill up for immediate consideration.

Senator MULLINAX objected.

CARRIED OVER

The following Bills were carried over:

H. 4727 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, SO AS TO PROVIDE THAT WHITE OR HICKORY SHAD MAY BE TAKEN ALL YEAR WITH HOOK AND LINE FOR NONCOMMERCIAL PURPOSES.

(On motion of Senator HINDS)

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 LEATHERMAN)

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:30 P.M. and the following Acts and Joint Resolutions were ratified:

(R655) S. 912 -- Senator Waddell: AN ACT TO REPEAL SECTION 50-17-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME CONSTRAINTS FOR APPLYING FOR LICENSES RELATING TO TRAWLING BOATS.

(R656) S. 1487 -- Senator Lee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO DELETE AN APPEAL TO A COURT OF COMPETENT JURISDICTION AND PROVIDE THAT EMERGENCY DECISIONS OF THE FIRE MARSHAL ARE NOT STAYED PENDING APPEAL TO THE APPEALS BOARD; TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 23-9-155 SO AS TO PROVIDE THE REQUIREMENTS OF THE STATE FIRE MARSHAL AND HIS AGENTS BEFORE CHANGES IN A BUILDING OR STRUCTURE ARE REQUIRED OR PENALTIES ARE ASSESSED.

(R657) S. 753 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS AND TO PROVIDE PENALTIES.

(R658) S. 1390 -- Fish, Game and Forestry Committee: AN ACT TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, SO AS TO IMPOSE A MINIMUM SIZE LIMIT OF TWELVE INCHES TOTAL LENGTH ON FLOUNDER AND TO MAKE IT UNLAWFUL ALL YEAR INSTEAD OF JUNE TO SEPTEMBER TO TAKE, CATCH, POSSESS, LAND, OR SELL A RED DRUM UNDER MINIMUM SIZE.

(R659) S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION TO EXTEND THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN THE 1990 TAX YEAR OF REAL PROPERTY DAMAGED BY HURRICANE HUGO LOCATED IN COUNTIES DECLARED DISASTER AREAS, TO TOLL THE THIRTY-DAY PERIOD TO APPEAL FROM THE COUNTY ASSESSOR TO THE COUNTY BOARD OF TAX APPEALS FROM SEPTEMBER 21, 1989, UNTIL TEN DAYS AFTER THE EFFECTIVE DATE OF THIS ACT IN COUNTIES DECLARED DISASTER AREAS, TO AMEND SECTION 12-37-970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS AND RETURNS FOR PROPERTY ASSESSED BY THE TAX COMMISSION, SO AS TO MAKE RETURNS DUE ON THE LAST DAY OF THE FOURTH MONTH RATHER THAN THE FIFTEENTH DAY OF THE FOURTH MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR, AND TO REPEAL SECTION 12-37-980, RELATING TO EXTENSIONS FOR FILING PROPERTY TAX RETURNS.

(R660) S. 1251 -- Senators Moore, Nell W. Smith and Hayes: AN ACT TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955, 20-7-1958, AND 20-7-1965, SO AS TO PROVIDE FOR SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION OF SPECIAL NEEDS CHILDREN, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, FOR NOTIFICATION TO PROSPECTIVE ADOPTIVE PARENTS, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS, TO REVISE APPLICABLE DEFINITIONS, AND TO DELETE REFERENCES TO A STUDY OF SERVICES FOR BIRTH PARENTS AND REQUIREMENTS FOR REGULATIONS; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.

(R661) S. 1389 -- Fish, Game and Forestry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-540 SO AS TO PROVIDE THAT TARPON ARE GAMEFISH IN THIS STATE, TO PROVIDE A CATCH OR POSSESSION LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R662) S. 472 -- Senator Drummond: AN ACT TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY OPEN OR CLOSE THE SEASON FOR CRAB TRAWLING DURING DECEMBER, JANUARY, FEBRUARY, AND MARCH OF EACH YEAR, TO PROVIDE THAT CRAB TRAWLING IS UNLAWFUL AT ALL OTHER TIMES, TO REQUIRE TRAWLERS' LICENSES AND PERMITS FOR PERSONS TRAWLING FOR CRABS, TO REGULATE THE SIZE AND USE OF CRAB NETS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R663) S. 1589 -- Senators Mullinax, Macaulay and O'Dell: AN ACT TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.

(R664) S. 1593 -- Senators Setzler, Wilson and Shealy: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.

(R665) S. 1405 -- Senators McConnell, Courson, Gilbert, Leventis, Macaulay, McGill, Rose, Martschink, Shealy, Lee, Russell, Hinds, Wilson, Helmly, Long, Peeler, Thomas, Giese, Stilwell and Passailaigue: A JOINT RESOLUTION TO CREATE THE ADVISORY COMMISSION ON ELIMINATION OF WASTEFUL STATE GOVERNMENT SPENDING, TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, TO PROVIDE FOR ITS SUPPORT SERVICES AND TO REQUIRE AGENCIES TO COOPERATE WITH THE COMMISSION.

(R666) S. 1244 -- Senators Nell W. Smith, Hayes and Moore: AN ACT TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.

(R667) S. 1217 -- Transportation Committee: AN ACT TO AMEND SECTION 56-3-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUND OF MOTOR VEHICLE REGISTRATION FEES, SO AS TO PROVIDE FOR A REFUND FOR A MOTOR VEHICLE ISSUED AN APPORTIONED LICENSE PLATE.

(R668) S. 1591 -- Judiciary Committee: AN ACT TO AMEND SECTION 27-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIME-SHARING PLANS, SO AS TO PROVIDE FOR THE CANCELLATION STATEMENT FOR A LEASE AND OWNERSHIP PLANS SIGNED BY THE BUYER TO BE IN BOLD TYPE ON A SEPARATE PAGE INSTEAD OF IN NO SMALLER TYPE THAN THAT IN THE BODY OF THE CONTRACT.

(R669) S. 1585 -- Senators Williams and Matthews: AN ACT TO ESTABLISH THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.

(R670) S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION UPON THE CONVEYANCE OF CERTAIN PROPERTIES OWNED BY FLORENCE COUNTY OR THE CITY OF FLORENCE AND PROVIDE TRANSITION PROVISIONS.

(R671) H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: AN ACT TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO DELETE PROVISIONS RELATING TO THE CUSTODIAN OF PUBLIC RECORDS PERMITTING THEIR INSPECTION AND EXAMINATION, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUES, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS WITH PROVISIONS FOR AGENCIES OR SUBDIVISIONS TO OPT OUT OF GENERAL SCHEDULES, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140, AND DELETE PROVISIONS RELATING TO COUNTY OFFICIALS MAKING REPORTS ON UNIFORM BLANKS.

(R672) H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: AN ACT TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.

(R673) H. 3740 -- Reps. Wilkins, McElveen and Huff: AN ACT 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.

(R674) H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: AN ACT 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 REVISE THE LIST OF PERSONS BY PROVIDING FOR THE ELECTORS PERMITTED TO VOTE BY ABSENTEE BALLOT WHETHER OR NOT ABSENT FROM HIS COUNTY OF RESIDENCE AS WELL AS THE ELECTORS PERMITTED TO VOTE BY ABSENTEE BALLOT WHEN ABSENT; SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE FORM AND PROVIDE FOR THE FORM TO BE PRESCRIBED BY THE STATE ELECTION COMMISSION; AND SECTION 7-9-100, AS AMENDED, RELATING TO STATE CONVENTIONS FOR POLITICAL PARTIES, SO AS TO PROVIDE FOR EACH MEMBER OF THE GENERAL ASSEMBLY TO BE AN ADDITIONAL DELEGATE TO THE APPROPRIATE CONVENTION.

(R675) H. 4559 -- Rep. Hodges: AN ACT TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT OF CONTEMPT OF COURT FOR A PERSON WHO WILFULLY VIOLATES A LAWFUL ORDER OF THE COURT TO MAKE CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT A PERSON SENTENCED TO IMPRISONMENT UNDER THE PROVISIONS OF THIS SECTION MAY EARN GOOD TIME AND WORK CREDITS AND PARTICIPATE IN A WORK/PUNISHMENT PROGRAM.

(R676) H. 4918 -- Rep. T.C. Alexander: AN ACT TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BY ENACTING THE STATE RECREATIONAL WATERS ACT.

(R677) H. 4862 -- Rep. Rama: AN ACT TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, CHANGE A REFERENCE TO THE CHIROPRACTIC ASSOCIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, PROVIDE FOR DEPARTMENT REGULATIONS ON AND REFERENCES TO NONIONIZING AS WELL AS IONIZING RADIATION AND AUTHORIZE THE DEPARTMENT AS WELL AS THE ATTORNEY GENERAL TO APPLY TO A COURT FOR AN ORDER TO ENJOIN VIOLATIONS OF THE ACT; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.

(R678) H. 3453 -- Rep. Kay: AN ACT TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION OR QUARANTINE THE ANIMAL AS DIRECTED BY THE DEPARTMENT.

(R679) H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: AN ACT TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN AND TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT CREDIT FOR CHILD AND DEPENDENT CARE EXPENSES IS NOT ALLOWED CREDIT ON THE SOUTH CAROLINA INCOME TAX RETURN FOR SUCH EXPENSES.

(R680) H. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: AN ACT TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT FEES CHARGED BY A PUBLIC BODY MUST BE UNIFORM FOR COPIES OF THE SAME RECORD OR DOCUMENT, EXCEPT THAT MEMBERS OF THE GENERAL ASSEMBLY MAY RECEIVE COPIES OF RECORDS OR DOCUMENTS AT NO CHARGE FROM PUBLIC BODIES WHEN THEIR REQUEST RELATES TO THEIR LEGISLATIVE DUTIES.

(R681) H. 4657 -- Rep. Stoddard: AN ACT TO AMEND SECTION 23-31-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PISTOLS, SO AS TO PROVIDE THAT NO LICENSED RETAIL DEALER MAY SELL, OFFER FOR SALE, OR OTHERWISE POSSESS A PISTOL OR OTHER HANDGUN WHICH HAS A METAL ALLOY FRAME OR RECEIVER WHICH MELTS AT A TEMPERATURE OF LESS THAN EIGHT HUNDRED DEGREES FAHRENHEIT AND TO FURTHER PROVIDE THAT LAW ENFORCEMENT AGENTS MAY REGISTER AND USE THESE WEAPONS IN THE LINE OF DUTY.

(R682) H. 5012 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO INCREASE SPEED LIMIT AT THE UNIVERSITY OF SOUTH CAROLINA - SPARTANBURG CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1201, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R683) H. 4830 -- Rep. Kohn: AN ACT TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-285 SO AS TO PROVIDE THAT ALL AUTOMOBILE INSURANCE COVERAGES WRITTEN BY AN INSURER FOR AN INSURED'S AUTOMOBILE MUST BE WRITTEN IN THE SAME POLICY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-585 SO AS TO AUTHORIZE A DESIGNATED INSURER OF THE REINSURANCE FACILITY TO APPOINT AN OFFICER OR EMPLOYEE TO THE BOARD OF THE FACILITY IF THE INSURER IS NOT OTHERWISE REPRESENTED ON THE BOARD.

(R684) H. 5133 -- Anderson Delegation: AN ACT TO AUTHORIZE CERTAIN COMPENSATION FOR THE MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, TO PROVIDE FOR THE MILLAGE WHICH IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE COMMISSION, TO FURTHER PROVIDE FOR THE SERVICE AREA OF THE COMMISSION EFFECTIVE WITH THE YEAR 1991, AND TO PROVIDE FOR THE MANNER IN WHICH MONIES COLLECTED FOR THE PURPOSES OF THE COMMISSION MAY BE EXPENDED.

(R685) H. 5122 -- Rep. Washington: AN ACT TO AMEND SECTION 7-7-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN CHARLESTON COUNTY, SO AS TO CHANGE THE VOTING PLACE FOR HOLLYWOOD PRECINCT FROM THE FIRE STATION TO THE TOWN HALL.

(R686) H. 5011 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO TRAFFIC, PARKING, AND REGISTRATION OF MOTOR VEHICLES, COLUMBIA CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1202, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R687) H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1515 SO AS TO ALLOW MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO HAVE ATTAINED AGE FIFTY-FIVE AND WHO HAVE AT LEAST TWENTY-FIVE YEARS' CREDITABLE SERVICE TO ELECT EARLY RETIREMENT, TO PROVIDE THAT MEMBERS ELECTING EARLY RETIREMENT MUST RECEIVE REDUCED BENEFITS AND ARE INELIGIBLE FOR A TIME FOR COST-OF-LIVING ADJUSTMENTS AND THE STATE INSURANCE BENEFIT PLAN, AND TO PROVIDE A METHOD FOR A PERSON ELECTING EARLY RETIREMENT TO MAINTAIN HIS INSURANCE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-80 SO AS TO DIRECT THE RETIREMENT SYSTEM TO ESTABLISH A PLAN TO ALLOW MEMBERS TO ESTABLISH CREDIT FOR OUT-OF-STATE AND FEDERAL CIVILIAN SERVICE BY MEANS OF PAYROLL-DEDUCTED INSTALLMENTS AND TO PROVIDE THE TERMS AND CONDITIONS OF THE INSTALLMENT PAYMENTS.

(R688) H. 3450 -- Reps. R. Brown and T.M. Burriss: AN ACT TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, FOR THE MANNER IN WHICH CERTAIN FEES ARE SET, FOR THE SURETY BONDING OR OTHER SECURITY REQUIRED OF LICENSEES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

(R689) H. 4987 -- Rep. Corning: AN ACT 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 DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.

(R690) H. 4870 -- Rep. Moss: AN ACT TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT OR WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.

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

Motion Adopted

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

Amended And Read

H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

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

Senator WILLIAMS spoke on the Bill.

Senator PEELER proposed the following Amendment No. 11 (Doc. No. 5179P), which was tabled:

Amend the bill, as and if amended, on page 3, line 10, Section 14-5-610, as contained in SECTION 1, by striking the word /seventh/ and inserting therein the word /seventh/ .

Amend the bill further, as and if amended, on page 3, line 13, by inserting after the word /fifth,/ the word /seventh,/ .

Amend the bill further, as and if amended, on page 3, line 16, by striking the word /ten/ and inserting therein the word /nine/ and on page 3, line 26, by striking the word /10/ and inserting therein the word /9/ .

Amend the bill further, as and if amended, on page 5, line 42, as contained in SECTION 6, by inserting after the words /Governor./ the following:

/The provisions of this act relating to the deletion of one at-large judicial seat and the creation of an additional seventh circuit judicial seat shall take effect upon the retirement of the incumbent at-large circuit judge occupying at-large seat no. 5./

Amend title to conform.

Senator PEELER argued in favor of the adoption of the amendment and Senators BRYAN and WILLIAMS argued contra.

Senator WILLIAMS moved to lay the amendment on the table.

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

AYES

Bryan                     Courson                   Fielding
Giese                     Gilbert                   Hayes
Holland                   Land                      Lourie
Matthews                  McLeod                    Passailaigue
Pope                      Saleeby                   Stilwell
Williams                  Wilson                    

Total--17

NAYS

Drummond                  Hinds                     Leatherman
Lee                       Long                      Macaulay
Martschink                McConnell                 Mullinax
Peeler                    Rose                      Russell
Shealy                    Smith, H.C.               Smith, J.V.
Thomas

Total--16

The amendment was laid on the table.

Senator PEELER proposed the following Amendment No. 12 (Doc. No. 5178P), which was tabled:

Amend the bill, as and if amended, on page 5, by adding an appropriately numbered SECTION to read:
/SECTION ____. The 1976 Code of Laws is amended by adding an appropriately numbered Section to read:

"Section ____. No member of the General Assembly shall be eligible for election as a justice or judge of any court of record of this State until one year from the date of his last serving in the General Assembly."/

Amend the bill further, as and if amended, on page 5, line 42, as contained in SECTION 6, by inserting after the words /Governor./ the following:

/The provisions of this act prohibiting service by a member of the General Assembly as a judge or justice shall take effect upon signature of the Governor but shall not apply to the initial election of judges to fill the additional circuit judgeships authorized by this act./

Renumber sections to conform.

Amend title to conform.

Senator PEELER argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senator LAND moved to lay the amendment on the table.

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

AYES

Bryan                     Gilbert                   Hayes
Hinds                     Holland                   Land
Leventis                  Long                      Lourie
Macaulay                  Matthews                  McConnell
McGill                    McLeod                    Mullinax
Patterson                 Saleeby                   Smith, H.C.
Smith, J.V.               Stilwell                  Williams

Total--21

NAYS

Courson                   Giese                     Hinson
Leatherman                Lee                       Martschink
O'Dell                    Peeler                    Pope
Russell                   Shealy                    Smith, N.W.
Thomas                    Wilson                    

Total--14

The amendment was laid on the table.

Senator MULLINAX proposed the following Amendment No. 13 (Doc. No. 5217P), which was adopted:

Amend the bill, as and if amended, page 5, by striking SECTION 6 in its entirety and inserting therein the following:

/SECTION 6. This act takes effect upon approval by the Governor, except that the joint committee to review judicial candidates established pursuant to Chapter 19 of Title 2 of the 1976 Code must begin screening candidates for the additional circuit judgeships authorized by this act no later than September 2, 1990 and must conclude the screening process no later than March 31, 1991./

Amend title to conform.

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

Senator LEATHERMAN spoke on the amendment.

Senator MULLINAX moved that the amendment be adopted.

The amendment was adopted.

Senators STILWELL and LONG proposed the following Amendment No. 16 (Doc. No. 5287P), which was adopted:

Amend the bill, as and if amended, page 5, beginning on line 18, as contained in SECTION 5, by striking after the words /in this State/ the words /; provided, however, that if such retired justice or judge practices law, he is prohibited from making any appearances in any court in this State/ .

Amend title to conform.

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

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator MULLINAX proposed the following Amendment No. 17 (Doc. No. 4143R), which was carried over and later tabled:

Amend the bill, as and if amended, page 4423-4, Section 14-5-610 as contained in SECTION 1, line 27, by adding a new paragraph to read as follows:

/For the initial elections for an at-large circuit judgeship created by this section, a candidate must run at-large for one of the four at-large seats created by this section. Upon qualification, the judges elected shall be assigned to a designated at-large seat by the Chief Justice of the Supreme Court./

Amend title and renumber sections to conform.

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

Senator FIELDING moved to lay the amendment on the table.

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

AYES

Fielding                  Hayes                     Hinson
Holland                   Leventis                  McConnell
Passailaigue              Patterson                 Peeler
Thomas                    

Total--10

NAYS

Bryan                     Courson                   Giese
Gilbert                   Hinds                     Land
Leatherman                Lee                       Long
Lourie                    Macaulay                  Martin
Martschink                Matthews                  McGill
McLeod                    Moore                     Mullinax
O'Dell                    Pope                      Rose
Russell                   Saleeby                   Setzler
Shealy                    Smith, H.C.               Smith, J.V.
Smith, N.W.               Stilwell                  Waddell
Williams                  Wilson                    

Total--32

On motion of Senator MOORE, with unanimous consent, Senator NELL W. SMITH was recorded as voting "'no', not changing the outcome" with the Journal indicating that her vote was cast in her absence.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator FIELDING argued contra to the adoption of the amendment.

Objection

Senator LEE asked unanimous consent, with Senator FIELDING retaining the floor, to make a motion that the Senate recede from business until 3:00 P.M.

Senator WILLIAMS objected.

Senator FIELDING argued contra to the adoption of the amendment.

Motion Adopted

On motion of Senator HINDS, with unanimous consent, Senator FIELDING retaining the floor when the amendment is next considered, the amendment was carried over.

Senator SETZLER proposed the following Amendment No. 19 (Doc. No. 5288P), which was tabled:

Amend the bill, as and if amended, page 3, as contained in SECTION 1, by striking lines 15 through 26 and inserting therein:

/In addition to the above judges authorized by this section, there shall must be six additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. Such These additional judges shall must be elected without regard to county or circuit of residence. Each office of the at-large judges shall be is a separate office and be is assigned numerical designations of Seat No. 1, Seat No. 2, Seat No. 3, Seat No. 4, Seat No. 5 and Seat No. 6."/

Amend title of conform.

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

Senator WILLIAMS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator POPE proposed the following Amendment No. 20 (Doc. No. 5304P), which was adopted:

Amend the bill, as and if amended, beginning on page 3, line 30, by striking SECTIONS 2 and 3 in their entirety.

Amend the bill further, as and if amended, page 5, line 3, by striking SECTION 5 in its entirety and inserting an appropriately numbered section to read:

/SECTION ___. No candidate for judicial office may seek, directly or indirectly, the pledge of any member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the Judicial Screening Committee, nor may any member offer such pledge until the qualifications of all candidates for that office have been determined by the Judicial Screening Committee./

Amend the bill further, as and if amended, by inserting an appropriately numbered section to read:
/SECTION ____. This act takes effect July 1, 1991, except that upon approval of this act by the Governor, the joint committee to review judicial candidates established pursuant to Chapter 19 of Title 2 of the 1976 Code may begin screening candidates for the additional circuit judgeships authorized by this act, and the General Assembly may elect these circuit judges, who shall take office on July 1, 1991. The provisions of SECTION 6 of this act shall be effective upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

Senator POPE moved that the amendment be adopted.

The amendment was adopted.

Senator PEELER proposed the following Amendment No. 22 (Doc. No. 5225P), which was tabled:

Amend the bill, as and if amended, page 3, in Section 14-5-610, as contained in SECTION 1, by striking lines 7 through 16 in their entirety and inserting therein the following:
/first, second, and sixth, twelfth, fourteenth, fifteenth, and sixteenth circuits. and two Two judges shall must be elected from the first, third, fourth, fifth, seventh, eighth, ninth, tenth, eleventh, twelfth, and thirteenth fourteenth, fifteenth, and sixteenth circuits. Three judges must be elected from the fifth, seventh, ninth, and thirteenth circuits.

In addition to the above judges authorized by this section, there shall must be six/ .

Amend the bill further, as and if amended, page 3, by striking lines 24 through 26 and inserting therein the following:
/designations of Seat No. 1, Seat No. 2, Seat No. 3, Seat No. 4, Seat No. 5 and Seat No. 6./ .

Amend title to conform.

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

Senator WILLIAMS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator WILLIAMS proposed the following Amendment No. 23 (Doc. No. 5297P), which was adopted:

Amend the bill, as and if amended, page 4, line 8, as contained in Section 2, by striking the word /four/ and inserting the word /two/ .

Amend title to conform.

Senator WILLIAMS explained the amendment.

Senator WILLIAMS moved that the amendment be adopted.

The amendment was adopted.

Senators LEATHERMAN and THOMAS proposed the following Amendment No. 24 (Doc. No. 1873o), which was ruled out of order:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION   __.A.   Section 17-4-20 of the 1976 Code is amended to read:

"Section 17-4-20.   There is hereby created the The Commission on Appellate Defense is created which shall consist consists of the following members all of whom shall serve ex officio:

(1)   the Dean of the University of South Carolina Law School;

(2)   the President of the South Carolina Public Defender's Association;

(3)   a member The President of the South Carolina Bar Association appointed by the president of the association;

(4)   a member The President of the South Carolina Trial Lawyers Association appointed by the president of the association;

(5)   the Chairman of the South Carolina Judicial Council;

(6)   the Chairman of the Senate Judiciary Committee or his designee;

(7)   the Chairman of the Judiciary Committee of the House of Representatives or his designee.

The appointed members of the commission shall serve for a term of three years. The terms for appointments must be staggered.

The commission shall elect a chairman from among its membership to serve a one year term. The court administrator shall be is executive secretary for the commission.

The commission may adopt an appropriate seal and promulgate regulations consistent with the provisions of this chapter to govern its operations and procedures."

B.   The initial term of the person appointed by the president of the South Carolina Bar Association is two years. The initial term of the person appointed by the president of the South Carolina Trial Lawyer's Association is three years. The terms for each person appointed after the initial term is three years./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

Point Of Order

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

Senator MARTIN proposed the following Amendment No. 8 (Doc. No. 5183P), which was tabled:

Amend the bill, as and if amended, page 5, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of law, a retired justice or judge may draw retirement compensation while employed by a public institution of higher education; provided, however, that a justice or judge while so employed may not contribute to, or receive service credit in, the South Carolina Retirement System for teachers and employees of the State and political subdivisions or agencies or departments thereof./

Renumber remaining sections to conform.

Amend title to conform.

Senator MARTIN argued in favor of the adoption of the amendment and Senator GIESE argued contra.

Senator GIESE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MULLINAX proposed Amendment No. 17 (Doc. No. 4143R), previously carried over, which was tabled.

Senator FIELDING spoke on the amendment.

Senator HOLLAND argued contra to the adoption of the amendment.

Senator FIELDING moved that the amendment be adopted.

Senator HOLLAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators THOMAS and LEATHERMAN proposed the following Amendment No. 26 (Doc. No. 1878o), which was tabled:

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

/SECTION ____. A. Chapter 19, Title 2 of the 1976 Code is amended by adding:

"Section 2-19-15.   (A)   Notwithstanding the provisions of Section 2-19-10, where the office to be filled is a family court, circuit court, Court of Appeals, or Supreme Court judgeship, the members of the committee consist of the following:

(1)   three members of the House of Representatives;

(2)   three members of the Senate;

(3)   three practicing members of the South Carolina Bar to be appointed by the Governor upon the recommendation of the South Carolina Bar.

The House of Representatives and the Senate shall determine how their respective members of the committee are selected.

(B)   The terms of office of the legislative members of the committee are coterminous with their terms of office. The terms of office of the members of the South Carolina Bar are for four years and until their successors are elected and qualify. Vacancies on the committee must be filled for the remainder of the unexpired term by election or appointment in the same manner of original election or appointment. Whenever the term 'joint committee' is used in this chapter, when pertaining to candidates for election to a family court, circuit court, Court of Appeals, or Supreme Court judgeship, it means the committee established by this section."

B.   Chapter 19, Title 2 of the 1976 Code is amended by adding:

"Section 2-19-70.   No candidate including an incumbent for a family court, circuit court, Court of Appeals, or Supreme Court judgeship may campaign, directly or indirectly among, or lobby members of the General Assembly for election or reelection to this judgeship until the qualifications of all candidates for that office, including those of additional candidates where the filing period is reopened pursuant to Section 2-19-80, have been determined by the committee.

A candidate found by the committee to have violated the provisions of this section is disqualified from that election for the judgeship."

C.   Chapter 19, Title 2 of the 1976 Code is amended by adding:

"Section 2-19-80. Where the committee finds a candidate for a family court, circuit court, Court of Appeals, or Supreme Court judgeship not qualified for the office sought, the election for that office must not be held until additional candidates, if any, for a period of ten days have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted pursuant to Section 2-19-30, and the committee has rendered its report concerning these additional candidates."

D.   Chapter 19, Title 2 of the 1976 Code is amended by adding:

"Section 2-19-90.   No person may be nominated from the floor for election to a family court, circuit court, Court of Appeals, or Supreme Court judgeship whose qualifications have not been reviewed by the committee."/

Renumber sections to conform.

Amend title to conform.

Senator THOMAS argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.

Senator WILLIAMS moved to lay the amendment on the table.

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

AYES

Bryan                     Fielding                  Giese
Gilbert                   Hayes                     Helmly
Hinds                     Hinson                    Land
Leventis                  Long                      Macaulay
Martin                    Matthews                  McConnell
McGill                    McLeod                    Mitchell
Moore                     Mullinax                  O'Dell
Passailaigue              Patterson                 Peeler
Pope                      Rose                      Saleeby
Shealy                    Smith, H.C.               Stilwell
Williams                  

Total--31

NAYS

Courson                   Leatherman                Martschink
Russell                   Setzler                   Smith, J.V.
Thomas                    Wilson                    

Total--8

The amendment was laid on the table.

Statement By Senators McCONNELL And ROSE

We have no problem with restrictions on campaigning. However, we see little merit in adding three lawyers to the committee appointed by the Governor. This would exclude members of the public who are non-lawyers from serving. Frankly, what we need is a retention system which allows public participation in the selection. To have a Governor appoint three lawyers to the screening committee is not a substantial improvement in the selection process. Therefore, we voted to table the amendment.

Motion Adopted

On motion of Senator POPE, with unanimous consent, the vote whereby Amendment No. 20 (Doc. No. 5304P) proposed by Senator POPE was adopted, was reconsidered and withdrawn.

Senator POPE proposed the following Amendment No. 27 (Doc. No. 5216P), which was adopted:

Amend the bill further, as and if amended, page 5, line 31, by inserting an appropriately numbered section to read:
/SECTION ___. No candidate for judicial office may seek, directly or indirectly, the pledge of any member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the Judicial Screening Committee, nor may any member offer such pledge until the qualifications of all candidates for that office have been determined by the Judicial Screening Committee./

Renumber sections to conform.

Amend title to conform.

Senator POPE moved that the amendment be adopted.

The amendment was adopted.

MOTION ADOPTED
Time Certain Set To Vote On Entire Matter

Senator WILLIAMS moved under Rule 15A to set a time certain for 2:30 P.M. on Tuesday, June 5, 1990, to vote on the entire matter of H. 4423.

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

AYES

Bryan                     Courson                   Fielding
Giese                     Gilbert                   Hayes
Helmly                    Hinds                     Hinson
Land                      Leventis                  Long
Lourie                    Macaulay                  Martin
Matthews                  McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Patterson                 Pope                      Rose
Russell                   Saleeby                   Smith, H.C.
Smith, J.V.               Stilwell                  Williams

Total--33

NAYS

Leatherman                Martschink                Peeler
Setzler                   Shealy                    Wilson

Total--6

The Senate set 2:30 P.M. on Tuesday, June 5, 1990, as a time certain to vote on the entire matter of H. 4423.

Senators MATTHEWS, FIELDING, PATTERSON and GILBERT proposed the following Amendment No. 31 (Doc. No. 0883I), which was adopted:

Amend the bill, as and if amended, page 4423-4, Section 14-5-610 as contained in SECTION 1, line 27, by adding a new paragraph to read as follows:

/For the initial elections for an at-large circuit judgeship created by this section, a candidate must run at-large for one of the four at-large seats created by this section./

Amend title and renumber sections to conform.

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

Point Of Order

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as a similar amendment had been tabled.

Senator MATTHEWS spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator MARTIN spoke on the amendment.

Senator McCONNELL moved to lay the amendment on the table.

The Senate refused to table the amendment.

The question was the adoption of the amendment.

The amendment was adopted.

Senator STILWELL proposed the following Amendment No. 32 (Doc. No. 5300P), which was adopted:

Amend the bill, as and if amended, SECTION 6, by adding after /1991./ the following:
/The provision of this act relating to the practice of law by a retired judge or justice shall take effect upon approval by the Governor./

Amend title to conform.

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

Senator STILWELL moved that the amendment be adopted.

The amendment was adopted.

Senator LOURIE proposed the following Amendment No. 33 (Doc. No. 5299P), which was adopted:

Amend the bill, as and if amended, page 5, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of law, a retired justice or judge may draw retirement compensation while employed by a public institution of education; provided, however, that a justice or judge while so employed may not contribute to, or receive service credit in, the South Carolina Retirement System for teachers and employees of the State and political subdivisions or agencies or departments thereof./

Amend the bill further, as and if amended, page 5, by inserting after the word /Governor./ on line 42 the words /The provisions of this act relating to a justice's or judge's employment by an institution of public education shall take effect upon approval by the Governor./

Renumber remaining sections to conform.

Amend title to conform.

Point Of Order

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as a similar amendment had been tabled.

Senator LOURIE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LOURIE moved that the amendment be adopted.

The amendment was adopted.

Recorded Vote

Senators McCONNELL, FIELDING, MATTHEWS and ROSE desired to be recorded as voting against the adoption of the amendment.

Senators MATTHEWS, FIELDING, PATTERSON and GILBERT proposed the following Amendment No. 40 (Doc. No. 5302P), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 27, by adding the following sentence:
/Upon qualification, the judges elected for the at-large seats shall be assigned to a designated at-large seat by the Chief Justice of the Supreme Court./

Amend title to conform.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Senators LEATHERMAN and THOMAS proposed the following Amendment No. 29 (Doc. No. 4153R), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. The 1976 Code is amended by adding:

"Section 2-19-80. Where the screening committee finds a candidate for a family court, circuit court, Court of Appeals, or Supreme Court judgeship not qualified for the office sought or after filing an incumbent for that judgeship withdraws or dies prior to the screening process being completed, the election for that office may not be held until additional candidates, if any, for a period of ten days have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted pursuant to Section 2-19-30, and the screening committee has rendered its report concerning these additional candidates."/

Amend title and renumber sections to conform.

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

The amendment was adopted.

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

Recorded Vote

Senators BRYAN, PEELER, LEATHERMAN, O'DELL and THOMAS desired to be recorded as voting against third reading of the Bill.

Statement By Senator BRYAN

I voted against H. 4423 adding nine new circuit court judges. I believe there is a need for these positions but we have been told by our Finance Chairman that the 1991-92 budget will start off $131 million in the red. If we add judges to be funded in the 1991-92 budget we will start $133 million in the red. We need to wait until January 1991 and look at our financial situations before creating these positions.

ADJOURNMENT

At 2:32 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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