South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Thursday, January 27, 1994

(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 Phillip's rendering of the Epistle of St. James, Chapter 2 (vv.21-22):
"Think of Abraham, our ancestor. Wasn't it his
action which really justified him in God's
sight when his faith led him to offer his
son Isaac on the altar? Can't you see that his
faith and his actions were, so to speak,
partners---- that his faith was implemented by
his deed?"
Let us pray.

Our Heavenly Father, You have long since freed us from the slavery of the idea that the world owes us a living.

On the contrary, we know that we, in the Name of God and of reason, owe to our Maker a life lived as a faithful steward.

Grant us the grace, dear Lord, each day, to hear anew the refrain of the old hymn:
"Work for the night is coming
when man's work is done."

We do know that work in its highest form is genuine worship!

Amen.

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

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1628
Promulgated by The Department of Consumer Affairs
Mortgage Loan Broker Certificate of Registration
Received by Lt. Governor March 25, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date March 1, 1994
Sine Die expiration date revision February 7, 1994
Withdrawn and resubmitted January 26, 1994
Revised expiration date February 15, 1994

Doctor of the Day

Senator COURTNEY introduced Dr. Carol S. Nichols of Spartanburg, S.C., Doctor of the Day.

Message from the House

Columbia, S.C., January 27, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R280, H. 3200 by a vote of 15 to 93:
(R280) H. 3200 -- Rep. Snow: AN ACT TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS; AND TO AMEND SECTION 50-17-105, RELATING TO THE PROHIBITION ON THE DISPLAY OF DOLPHINS AND WHALES, SO AS TO DELETE THE PROHIBITION AND PROVIDE CIRCUMSTANCES UNDER WHICH IT IS LAWFUL TO DISPLAY DOLPHINS AND WHALES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 27, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3922 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED NONPROFIT HOUSING CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST HOUSING FOR HANDICAPPED PERSONS OR BOTH AGED AND HANDICAPPED PERSONS TO NONPROFIT CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST SUPPORTIVE HOUSING FOR ELDERLY PERSONS OR HOUSEHOLDS AUTHORIZED PURSUANT TO APPROPRIATE FEDERAL LAWS AND TO DELETE OBSOLETE LANGUAGE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 27, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3033 -- Reps. Cobb-Hunter, Whipper, Breeland, Inabinett, Waites, Neal, Haskins and Huff: A BILL TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1089 -- Senators Peeler and Courtney: A BILL TO PROVIDE THAT AN ASSIGNMENT OF A MORTGAGE GIVEN TO A FARM CREDIT SYSTEM INSTITUTION NEED NOT BE RECORDED IN ORDER TO PERFECT THE ASSIGNMENT IF THE UNDERLYING NOTE HAS BEEN ASSIGNED OR TRANSFERRED ACCORDING TO STATE LAW AND IS IN THE POSSESSION OF THE ASSIGNEE, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN COLLATERAL ASSIGNMENTS OF NOTES AND MORTGAGES ARE VALID, ENFORCEABLE, AND PERFECTED.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1090 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING ARTICLE X-A SO AS TO PROVIDE THAT BEGINNING IN 1998 THE PROPERTY TAX MILLAGE OF THE COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE MUST NOT BE INCREASED IN AN EVEN-NUMBERED YEAR EXCEPT TO MEET EMERGENCY, NONRECURRING SITUATIONS AND TO PROVIDE THAT IN 1997 THIS PROPERTY TAX MILLAGE MUST NOT BE INCREASED IN AN ODD-NUMBERED YEAR EXCEPT BY FAVORABLE REFERENDUM.

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

S. 1091 -- Senators McConnell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-715 SO AS TO PROVIDE THAT A VOTER'S NAME MUST BE DELETED FROM THE POLL LIST OF HIS PRECINCT WHEN MATERIAL IS MAILED TO HIM BY THE STATE ELECTION COMMISSION OR HIS LOCAL REGISTRATION BOARD AT HIS ADDRESS SHOWN ON THE POLL LIST WHICH MATERIAL IS RETURNED FOR THE REASON THAT THE ADDRESSEE DOES NOT LIVE AT THIS ADDRESS OR BECAUSE THE ADDRESS IS UNKNOWN AND TO ALLOW THE PERSON TO VOTE A CHALLENGED BALLOT AFTER THE DELETION IF HE APPEARS AT THE POLLING PLACE OF THIS PRECINCT AND DESIRES TO VOTE.

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

S. 1092 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS TO PROVIDE THAT CASES INVOLVING JUVENILES FIFTEEN YEARS OF AGE OR OLDER WHO COMMIT A CRIMINAL OFFENSE MUST BE TRANSFERRED TO GENERAL SESSIONS COURT AND TO PROVIDE EXCEPTIONS.

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

S. 1093 -- Senator Stilwell: A BILL TO AMEND SECTION 23-6-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE SOUTH CAROLINA LAW ENFORCEMENT COUNCIL, SO AS TO REVISE THE MEMBERSHIP OF THE COUNCIL TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY IS THE SOLE REPRESENTATIVE OF THAT DEPARTMENT, TO CLARIFY THE NAME OF THE REPRESENTATIVE OF THE DEPARTMENT OF NATURAL RESOURCES, AND TO ADD A MEMBER TO ENSURE REPRESENTATION BY A SHERIFF FROM A COUNTY WITH POPULATION OF LESS THAN FIFTY THOUSAND PEOPLE AND REPRESENTATION BY A SHERIFF FROM A COUNTY WITH POPULATION OF MORE THAN FIFTY THOUSAND PEOPLE; AND TO REPEAL SECTION 23-23-30(A)(4) WHICH WAS REPEALED ELSEWHERE IN THE RESTRUCTURING ACT.

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

S. 1094 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.

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

S. 1095 -- Senators Waldrep, O'Dell and Martin: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN PROVISIONS OF ACT 164 OF 1993 (THE 1993-94 GENERAL APPROPRIATIONS ACT) RELATING TO PUBLIC DRINKING WATER SYSTEM FEES ARE SUSPENDED UNTIL REAUTHORIZED BY ACT OR JOINT RESOLUTION OF THE GENERAL ASSEMBLY.

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

S. 1096 -- Senators Land, Moore, Waldrep and Giese: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.

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

S. 1097 -- Senator McConnell: A BILL TO AMEND SECTION 56-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE REGULATION OF MANUFACTURERS, DISTRIBUTORS AND DEALERS, SO AS TO EXCLUDE AGENTS AND SERVANTS OF FINANCIAL INSTITUTIONS.

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

S. 1098 -- Senator Land: A BILL TO AMEND SECTION 56-5-4070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLE COMBINATIONS, SO AS TO CHANGE THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-5-4170, AS AMENDED, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF TRANSPORTATION.

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

H. 4637 -- Rep. J. Wilder: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MS. LOUISE R. RAVENEL, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., FOR HER DEDICATION AND OVER THIRTY-FOUR YEARS OF SERVICE TO BETTERING THE LIVES OF PERSONS WITH DISABILITIES AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER RETIREMENT.

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

H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.

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

H. 4332 -- Reps. Sheheen, Rudnick and Stuart: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990, TO FURTHER PROVIDE FOR CONGRESSIONAL DISTRICT REPRESENTATIVES ON BOARDS, COMMITTEES, AND COMMISSIONS, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED.

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

H. 4333 -- Reps. Sheheen, Snow, Rudnick and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1994 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.

Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable report on:

S. 936 -- Senators Lander and Reese: A BILL TO AMEND ACT 38 OF 1993, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM SERVICES ARE TO BE PROVIDED.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 938 -- Senators Bryan, Washington, Giese and Hayes: A BILL TO AMEND SECTION 44-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUSTODY AND TRANSPORT OF PERSONS TO MENTAL HEALTH FACILITIES, SO AS TO AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES AND DIRECTORS OF COMMUNITY MENTAL HEALTH CENTERS TO ARRANGE AN ALTERNATIVE TRANSPORTATION PROGRAM.

Ordered for consideration tomorrow.

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

S. 940 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 946 -- Senators Courson and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO CLEMSON PSA FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.

Ordered for consideration tomorrow.

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

S. 1047 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS GOVERNING PSYCHOLOGISTS, LIMITS OF PSYCHOLOGICAL PRACTICE, AND LIST OF LICENSED PSYCHOLOGISTS, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE OF ETHICS BE FILED WITH THE SECRETARY OF STATE.

Ordered for consideration tomorrow.

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

S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable report on:

H. 4187 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO LICENSES; REVOCATION AND SUSPENSION, RENEWAL; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1637, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Invitation Accepted

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

An invitation from Carolinas AGC to attend a reception at the Marriott Hotel on Wednesday, February 9, 1994, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 9; Nays 0; Not Voting 1

AYES

Courson Peeler Wilson
Thomas Patterson Stilwell
Russell O'Dell Passailaigue

TOTAL--9

NAYS

TOTAL--0

NOT VOTING

Matthews

TOTAL--1

HOUSE CONCURRENCE

S. 1011 -- Senators Lander, Matthews and Setzler: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Returned with concurrence.

Received as information.

S. 1088 -- Senator Giese: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA VARSITY SOCCER TEAM AND COACH MARK BERSON FOR REACHING THE NCAA NATIONAL SOCCER CHAMPIONSHIP FINALS, FOR THEIR OUTSTANDING 1993 SEASON, AND FOR THEIR HARD WORK, DEDICATION, AND DETERMINATION; AND TO COMMEND COACH BERSON, THE FOUNDER AND HEAD COACH OF THE VARSITY SOCCER PROGRAM, FOR HIS LEADERSHIP AND COMMITMENT TO EXCELLENCE IN THE DEVELOPMENT OF THE SOCCER PROGRAM AT THE UNIVERSITY AND FOR THE OUTSTANDING RECORD THAT THE TEAM HAS DEVELOPED OVER ITS SIXTEEN-YEAR HISTORY.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 4570 -- Reps. Baker and McMahand: A BILL TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY
APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.

(By prior motion of Senator BRYAN)

H. 4567 -- Reps. Townsend, P. Harris, Cooper, Stille, Chamblee and Tucker: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 4248 -- Reps. J. Harris and Baxley: A BILL TO ABOLISH THE CHESTERFIELD COUNTY BOARD OF VOTER REGISTRATION AND CHESTERFIELD COUNTY ELECTION COMMISSION, AND TO CREATE THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION.

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

Senator HOLLAND proposed the following amendment (JUD4248.001), which was adopted:

Amend the bill, as and if amended, page 1, line 29, in SECTION 1 (A)(1), by inserting the following after /authority./ :
/ The seventh member, who shall also serve as clerk, is an ex officio member. The clerk is a voting member on all matters except those pertaining to personnel matters. /

Amend the bill further, as and if amended, page 1, line 35, in SECTION 1 (A)(3), by inserting the following after /County./ :
/ The clerk shall receive a salary for performing the duties of the office in addition to that compensation paid to members of the board. /

Amend title to conform.

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

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 3550 -- Reps. McMahand, Stone, R. Smith, Canty, Neilson, Hutson, McLeod, Hines, Cooper, Scott, J. Brown, Beatty, Anderson, Phillips, J. Harris, Baker and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS ON SCHOOL PROPERTY OR AT A SCHOOL SANCTIONED OR SPONSORED ACTIVITY.

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.

S. 796 -- Senator Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.

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

CARRIED OVER

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

RECOMMITTED

S. 356 -- Senator McConnell: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, BY ADDING CHAPTER 2 SO AS TO PROVIDE FOR THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, AND TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1994; TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, RELATING TO STATE HIGHWAY BONDS, SO AS TO CREATE A STATE HIGHWAY BOND FUND ACCOUNT AND TO PROVIDE FOR THE REPAYMENT OF BONDS FROM REVENUE DERIVED FROM TAXES LEVIED BY SECTIONS 12-27-1210, 12-27-1220, 12-27-1230, AND 12-27-1240; TO REPEAL ARTICLE 3, CHAPTER 3, TITLE 57 RELATING TO THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION AND SECTIONS 12-27-1260 THROUGH 12-27-1300 RELATING TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING THE MOBILITY AND SAFETY PROGRAM; AND TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE OF LAWS.

Senator McCONNELL moved that the Bill be recommitted to the Committee on Transportation.

The Bill was recommitted to the Committee on Transportation.

MOTION ADOPTED

On motion of Senator MOORE, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.

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

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

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

CARRIED OVER

H. 3416 -- Reps. Gonzales, Hutson, A. Young, Hallman, Simrill, R. Smith, Harwell, Holt, R. Young, Law, Wofford, Fulmer, Harrell, Neal, Littlejohn, Keyserling, Shissias, J. Bailey, Cooper, Huff, Corning, Breeland, Richardson, Neilson, Canty, Stone, Whipper, Davenport, Vaughn, Stille, H. Brown, M.O. Alexander, Walker, Haskins, Jaskwhich, McTeer, Inabinett, Harvin, McCraw, Phillips, Farr, Harrelson, Moody-Lawrence and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-32 SO AS TO AUTHORIZE A MUNICIPALITY TO APPOINT AND COMMISSION CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES AS NECESSARY FOR THE SECURITY, GENERAL WELFARE, AND CONVENIENCE OF THE MUNICIPALITY.

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

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

MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert C. Heffron, Jr. of Charleston, S.C.

Time Fixed

Senator MOORE moved that when the Senate adjourns on Friday, January 28, 1994, it stand adjourned to meet next Tuesday, February 1, 1994, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:28 A.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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