South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Tuesday, April 14, 1992

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear a word from the Old Testament Book of Leviticus (19:17-18):

"But you shall reason with your neighbor, lest you bear sin because of him... but you shall love your neighbor as yourself:

I am the Lord".
Let us pray.

Dear Lord, we thank Thee that we live in a land and a State where we may make our own decisions and not have our lives controlled by some dictator... even though our process be, at times, tedious!

As we return to our deliberations, and pit our thought against our neighbor's thought... brain against brain, help us by a joint pooling of our ideas to come to a confluence of minds... that our corporate judgments may be the better for our common good.

Help us to make our democracy work, lest we come to the place where others will do our thinking for us... and Thine will be the glory!

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

April 6, 1992
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, Director of the State Workers Compensation Fund, with term to expire June 11, 1998:

Mr. Irvin D. Parker, 2712 Wilmot Avenue, Columbia, South Carolina 29205

Referred to the Committee on Judiciary.

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

April 8, 1992
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

Initial Appointment, Member, Permanent Advisory Counsel of the State Development Board, with term to expire June 30, 1996:

Marion/Florence:

Mr. N. Bryant Cooper, Jr., 202 South Main Street, Mullins, South Carolina 29574 VICE R.L. Cockfield

Referred to the Committee on Labor, Commerce and Industry.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1495
Promulgated By Department of Highways and Public Transportation
Outdoor Advertising
Received By Lt. Governor April 9, 1992
Referred to Senate Committee on Transportation
120 day review expiration date August 7, 1992

Doctor of the Day

Senator WILLIAMS introduced Dr. Louis Costa of Charleston, South Carolina, Doctor of the Day.

MOTION ADOPTED

On motion of Senator GIESE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

MOTION ADOPTED

On motion of Senator WILLIAMS, with unanimous consent, the Senate staff was granted a holiday on Good Friday, April 17, 1992.

PRIVILEGE OF THE FLOOR

On motion of Senator DRUMMOND, with unanimous consent, the Privilege of the Floor was extended to Brigadier General Richard A. Knobloch and Col. Joseph W. Manske of the Doolittle Raiders.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1465 -- Senator Rose: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT AND PROCEDURES USED IN ADJUDICATING CASES, SO AS TO PERMIT THE COURT TO IMPOSE BOTH MONETARY RESTITUTION AND COMMUNITY SERVICE RESTITUTION AS CONDITIONS OF PROBATION, TO REQUIRE JUVENILES PERFORMING COMMUNITY SERVICE RESTITUTION TO PAY A SUPERVISION FEE, TO REQUIRE JUVENILES PAYING MONETARY RESTITUTION TO PAY A SURCHARGE ON THE AMOUNT, AND TO ALLOW THE DEPARTMENT OF YOUTH SERVICES TO RETAIN AND CARRY FORWARD THESE FEES FOR THE PURPOSE OF ADMINISTERING THESE PROGRAMS.

Read the first time and referred to the Committee on Corrections and Penology.

S. 1466 -- Senators Bryan, J. Verne Smith, Holland, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 21 SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT".

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

H. 3050 -- Rep. Keegan: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF MOTOR VEHICLE TAX NOTICES, SO AS TO REQUIRE THE TAX NOTICE TO CONTAIN A SUMMARY OF PROCEDURES FOR APPEAL OF VEHICLE VALUATION.

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

H. 3235 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO REQUIRE SUFFICIENT FUNDING TO ENSURE THAT ALL PRESCHOOL AGED CHILDREN ARE IMMUNIZED TO MEET THE STATUTORY REQUIREMENT FOR ADMISSION TO SCHOOL.

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

H. 3789 -- Rep. Waldrop: A BILL TO AMEND SECTION 40-45-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO REVISE THE GROUND RELATING TO CERTAIN ACTIONS TAKEN INDEPENDENT OF A LICENSED DOCTOR OR DENTIST; AND TO AMEND SECTION 40-45-220, RELATING TO THE SCOPE OF PRACTICE OF PHYSICAL THERAPISTS, SO AS TO REVISE THIS SCOPE OF PRACTICE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE A PENALTY FOR VIOLATION.

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

H. 4160 -- Reps. Meacham, Altman, Anderson, J. Bailey, Baker, Barber, Baxley, Beasley, Boan, G. Brown, H. Brown, Bruce, K. Burch, Byrd, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Cromer, Delleney, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kennedy, Kinon, Klapman, Lanford, Littlejohn, Marchbanks, M. Martin, Mattos, McAbee, McCraw, McGinnis, McKay, Neilson, Phillips, Quinn, Rama, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, White, Wilder, Wilkins, D. Williams, J. Williams, Wofford, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.

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

H. 4331 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".

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

H. 4361 -- Reps. Wright, Harrelson, A. Young, J. Bailey, Rhoad, Koon, McLeod, Hallman, G. Bailey, Meacham, Sturkie, Sharpe, P. Harris, Smith, Farr, M.O. Alexander, Felder, Neilson, Snow, Foster, Whipper, J. Williams, Wells, Townsend, T.C. Alexander, Vaughn, Keegan, Huff, Wofford, Cato, L. Martin, Harvin, Stoddard, Jennings, Chamblee and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4429 -- Reps. Tucker, Haskins, Cobb-Hunter, Stone, McCraw, G. Bailey, Corning, Wells, Wofford, L. Elliott, Mattos, McAbee, D. Martin, Holt, Phillips, Kempe, J. Brown, K. Burch, Riser, Beatty, Wright, Harrison, Smith, Kinon, T.C. Alexander, Vaughn, McGinnis, Littlejohn, Rhoad, Barber, Chamblee, Gonzales, Meacham, Farr, L. Martin, Marchbanks and Hyatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.

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

H. 4436 -- Reps. Baxley and Beasley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REDUCE THE NUMBER OF SCHOOL BOARD MEMBERS FROM TWELVE TO EIGHT, PROVIDE THAT THE SINGLE-MEMBER ELECTION DISTRICTS FOR THE PURPOSE OF ELECTING THE MEMBERS OF THE BOARD OF EDUCATION OF DARLINGTON COUNTY ARE THE SAME AS PROVIDED BY LAW FOR THE MEMBERS OF THE DARLINGTON COUNTY COUNCIL, MAKE CHANGES TO THE LAW GOVERNING BOARD OF EDUCATION MEMBERS AND THE METHOD OF THEIR SELECTION, INCLUDING, AMONG OTHER THINGS, THE DATE OF THE COMMENCEMENT OF TERMS OF OFFICE, AND PROVIDE FOR THE EXPIRATION OF TERMS OF PRESENT BOARD OF EDUCATION MEMBERS.

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

H. 4617 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CERTIFICATION AND RECERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4618 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1447, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4703 -- Rep. Stone: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT MUST BE ELECTED IN NONPARTISAN ELECTIONS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.

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

REPORTS OF STANDING COMMITTEES

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 1410 -- Senators Mullinax and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON EAST QUEEN STREET IN PENDLETON IN ANDERSON COUNTY AS THE DEXTER GOSSETT MEMORIAL BRIDGE.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 3981 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.

Ordered for consideration tomorrow.

Senator MOORE, from the General Committee, submitted a favorable report on:

Reappointment, South Carolina Commission for the Blind, with term to expire May 19, 1994:

Mr. Samuel L. Zimmerman, Post Office Box 6535, Greenville, South Carolina 29606

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

Initial Appointment, Member, South Carolina State Ports Authority, with term to expire February 13, 1999:

At-Large:

Billy J. Coleman, 212 Montclaire Road, Greer, South Carolina 29651 VICE Harry Chapman, Jr.

Senator MOORE, from the General Committee, submitted a favorable report on:

Reappointment, South Carolina Commission on Archives and History, with term to expire coterminous with the Governor:

Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, South Carolina 29512

Senator SALEEBY, from the Committee on Ethics, submitted a favorable report on:

Initial Appointment, Member, State Ethics Commission, with term to expire May 31, 1995:

2nd Congressional District:

Ms. Sue C. Erwin, 601 Poinsettia Street, Columbia, South Carolina 29204

Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:

Initial Appointment, Member, State Board of Corrections, with term to expire June 30, 1997:

Mr. Gerald F. Smith, Svalina, Richardson and Smith, Suite 808, 1338 Main St., Columbia, South Carolina 29201 VICE Norman Kirkland (deceased)

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from Travel and Tourism Forum to attend a picnic lunch on the South Lawn of the State House on Wednesday, April 15, 1992, beginning at 1:30 P.M., or upon adjournment.

The invitation was accepted.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from Independent Banks to attend a reception at the Capital City Club on Wednesday, April 15, 1992, from 6:00 - 8:00 P.M.

The invitation was accepted.

CONCURRENCE

S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.

The House returned the Bill with amendments.

Senator BRYAN explained the amendment.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.

The House returned the Bill with amendments.

On motion of Senator LOURIE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

AMENDED, READ THE THIRD TIME

H. 3805 -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-100 SO AS TO PROVIDE THAT A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS IN COMPLIANCE WITH CHAPTER 55 OF TITLE 33 HAS AN INSURABLE INTEREST IN ANY LIFE INSURANCE POLICY IN WHICH IT IS IRREVOCABLY NAMED AS A BENEFICIARY.

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

Senators MARTIN and STILWELL proposed the following amendment (BIN3805.002), which was adopted:

Amend the bill, as and if amended, page 1, in Section 38-63-100, as contained in SECTION 1 of the bill, line 32, after the word / beneficiary / by inserting the words / provided that the application for insurance is signed by the insured /

Amend title to conform.

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 BILLS

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

S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-2735 AND 58-15-1625 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND TO PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING; TO AMEND SECTIONS 56-5-2710, 56-5-2720, 56-5-2775, AND 56-5-3210, RELATING TO THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND PENALTIES FOR VIOLATIONS, SO AS TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED, TO REQUIRE ADDITIONAL VEHICLES TO STOP AT RAILROAD CROSSINGS, CLARIFY EXEMPTIONS, AND TO EXEMPT FROM THE REQUIREMENT VEHICLES SUBJECT TO FEDERAL MOTOR CARRIER SAFETY RULES ADOPTED BY THE DIVISION OF MOTOR VEHICLES, TO EXTEND THE SPECIFIC PENALTIES FOR VIOLATING SECTION 56-5-2720 TO ADDITIONAL OFFENSES INVOLVING RAILROAD CROSSINGS, AND TO EXTEND THE SPECIFIC PENALTIES OF SECTION 56-5-3210 TO ADDITIONAL OFFENSES.

S. 1352 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-11-435 AND 6-11-455 AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.

S. 760 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL AND THE EXCEPTIONS TO THE PROHIBITION, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES SHALL ISSUE A PERMIT FOR THE SCIENTIFIC OR PROPAGATION EXCEPTIONS, TO REQUIRE THE APPLICATION FOR A PERMIT TO CONTAIN INFORMATION ON OWNERSHIP AND BOUNDARIES, AND TO ALLOW THE DEPARTMENT TO DENY OR REVOKE A PERMIT AT ITS DISCRETION.

Senator HOLLAND explained the Bill.

S. 768 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-55 SO AS TO PROHIBIT THE INJURING OR WOUNDING OF WILDLIFE WITHOUT ATTEMPTING TO LOCATE IT AND TAKE IT INTO POSSESSION.

S. 785 -- Senator Drummond: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING ON LAND WITHOUT CONSENT.

S. 1437 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.

S. 922 -- Senator Setzler: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF LICENSES FOR COSMETOLOGISTS, SO AS TO CHANGE THE REFERENCE TO AN INDIVIDUAL LICENSE TO AN ACTIVE LICENSE AND TO PROVIDE FOR AN EXEMPTION FROM THE CONTINUING EDUCATION REQUIREMENT FOR COSMETOLOGISTS WITH MORE THAN TWENTY-FIVE YEARS' WORKING EXPERIENCE.

S. 1464 -- Senators Rose and Reese: A BILL TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESERVATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, THE SEA GRANT CONSORTIUM, THE WATER RESOURCES COMMISSION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, AND THE STATE LAND RESOURCES CONSERVATION COMMISSION.

Motion Adopted

On motion of Senator ROSE, with unanimous consent, Senator REESE was added to S. 1464 as a co-sponsor.

SECOND READING BILL

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

H. 4418 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS AND REVISE OTHER PRECINCTS.

Ordered to a Third Reading

On motion of Senator DRUMMOND, H. 4418 was ordered to receive a third reading on Wednesday, April 15, 1992.

CARRIED OVER

H. 4125 -- Reps. Wilkins and Harwell: A BILL TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT IN THE COURT OF APPEALS OR THE SUPREME COURT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed and printed in the Journal of April 9, 1992.

Senator MOORE explained the amendment.

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

CARRIED OVER

S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.

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

H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.

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

H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

CARRIED OVER

S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment (RES3127.02) previously proposed by Senator PASSAILAIGUE and printed in the Journal of Thursday, March 19, 1992.

On motion of Senator MOORE, with unanimous consent, the Joint Resolution was carried over.

AMENDMENT PROPOSED, DEBATE ADJOURNED

S. 1077 -- Senators Washington and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.

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

Amendment No. 1

Senator STILWELL proposed the following Amendment No. 1 (JUD1077.002):

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

/SECTION 1. Section 23-11-110 of the 1976 Code is amended to read:

"Section 23-11-110. (A) All sheriffs in this State must have the following qualifications:

(1) be a citizen of the United States;

(2) be a resident of the county in which he seeks the office of sheriff for at least one year immediately preceding the date of the election for sheriff;

(3) be a registered voter;

(4) have attained the age of at least twenty-one years prior to the date of his qualifying for election to the office;

(5) have obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, or and have at least five years' experience in the criminal justice field as a certified law enforcement officer, or a two year associate degree and three years' experience as a certified law enforcement officer, or a four year baccalaureate degree and one year experience as a certified law enforcement officer. For purposes of this section, a `certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-23-50;

(6) have not been convicted of or pled guilty to any a violation of Section 56-1-460 or 56-5-2930, or both, within the past ten years or any a felony in this State or another state; and

(7) be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED sixty days before the close of qualification for election to the office with the records search to be filed with the appropriate political party no later than the close of qualification.

(B) Each A person offering his candidacy for the office of sheriff shall, within sixty days prior to before or at the time he qualifies, shall:

(1) file with the clerk of court appropriate political party a certified copy of his birth certificate, a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education, or and an affidavit that he has had at least five years' experience in the criminal justice field met the requirements of subsection (A)(5) of this section;

(2) swear or affirm before the clerk of court that he has met or will meet by the date of the election all of the qualifications required by this section.

(C) After December 31, 1988, every newly elected sheriff in his first term is required to complete a training session to be determined by the South Carolina Criminal Justice Training Council, to be conducted by the South Carolina Criminal Justice Academy or an academy certified by the South Carolina Training Council or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly elected sheriff's term of office. Any A newly elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly elected sheriffs. Any A newly elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction.

(D)(1) After December 31, 1988, no person is eligible to hold the office of sheriff unless he attends a minimum of twenty hours' training annually as may be selected by the South Carolina Sheriffs' Association.

(2) The basis for the minimum annual requirement of in-service training is the calendar year. Sheriffs A sheriff who satisfactorily complete completes the basic course of training in accordance with the provisions of this section after April first in any calendar year are is excused from the minimum annual training requirement for the calendar year during which the basic course is completed.

(3) A waiver of the requirement of minimum annual in-service training may be granted by the board of directors of the South Carolina Sheriffs' Association, at its discretion, upon the presentation of evidence by a sheriff that he was unable to complete the training due to emergency or extenuating circumstances considered sufficient by the board.

(4) Any A sheriff who fails to complete the minimum annual in-service training required under this section may be suspended from office, without pay, by the Governor for a period of ninety days. The Governor may continue to suspend a sheriff until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the sheriff's suspension, a suitable person to perform as acting sheriff during the period of suspension.

(E) Any A sheriff holding office on the effective date of this section is exempt from the provisions in this section except for the provisions of subsection (D) of this section."

SECTION 2. This act takes effect July 1, 1993./

Amend title to conform.

Senator STILWELL argued in favor of the adoption of the amendment and Senators SHEALY and GIESE argued contra.

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

Senator STILWELL moved to adjourn debate on the Bill.

Debate was adjourned on the Bill.

EXECUTIVE SESSION

On motion of Senator GIESE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Statewide Appointments

Reappointment, Member, South Carolina Commission for the Blind, with term to expire May 19, 1994:

4th Congressional District:

Mr. Samuel L. Zimmerman, Post Office Box 6535, Greenville, South Carolina 29606

Initial Appointment, Member, South Carolina State Ports Authority, with term to expire February 13, 1999:

At-Large:

Mr. Billy J. Coleman, 212 Montclaire Road, Greer, South Carolina 29651 VICE Harry Chapman, Jr.

Reappointment, Member, South Carolina Commission on Archives and History, with term to expire coterminous with the Governor:

At-Large:

Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, South Carolina 29512

Initial Appointment, Member, State Ethics Commission, with term to expire May 31, 1995:

2nd Congressional District:

Ms. Sue C. Erwin, 601 Poinsettia Street, Columbia, South Carolina 29204 VICE Emily Phillips (resigned)

Initial Appointment, Member, State Board of Corrections, with term to expire June 30, 1997:

2nd Congressional District:

Mr. Gerald F. Smith, Svalina, Richardson & Smith, Suite 808, 1338 Main Street, Columbia, South Carolina 29201 VICE Norman Kirkland (deceased)

Local Appointments

Initial Appointment, Member, Allendale County Board of Voter Registration, with term to expire March 15, 1994:

Ms. Dorothy J. Willis, Route 1, Box 179, Martin, South Carolina 29836 VICE Jeanne Schudel

Initial Appointment, Union County Magistrate, with term to expire April 30, 1995:

Act 678 of 1988:

Mr. Earl H. Hyder, Union County Courthouse, Union, South Carolina 29379

Reappointment, Member, Charleston County Voter Registration Board, with term to expire March 15, 1994:

Ms. Pearl M. Crawford, 41 Vincent Drive, Mount Pleasant, South Carolina 29464

Time Fixed

Senator WILLIAMS moved that when the Senate adjourns it stand adjourned to meet on Wednesday, April 15, 1992, at 10:00 A.M., which motion was adopted.

ADJOURNMENT

At 1:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 10:00 A.M.

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