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

THURSDAY, MARCH 15, 1990

Thursday, March 15, 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:

Hear the words recorded by St. Luke (11:1):

"One day Jesus was praying in a

certain place.

When He finished one of His disciples

said to Him,

'Lord, teach us to pray...'"
Let us pray.

O Thou, Who at creation's dawn, gave light and life to our world:

You made man in Your own image.

You daily cleanse the repentant soul with Your forgiving spirit.

You have made our bodies temples wherein dwells the spirit of the living God... teach us to pray.

Help us to know, too, that work is also prayer when it is done within the frame of the will of God.

So, may we work prayerfully today, in the spirit of Jesus.

Amen.

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

Doctor Of The Day

Senator McCONNELL introduced Dr. Roy E. Nickles of Charleston, Doctor of the Day.

Leave Of Absence

Senator HAYES requested and was granted a leave of absence beginning at 11:30 A.M. today.

Point Of Personal Privilege

Senator MOORE rose to a Point of Personal Privilege.

Point Of Personal Privilege

Senator HOLLAND rose to a Point of Personal Privilege.

Point Of Personal Privilege

Senator SALEEBY rose to a Point of Personal Privilege.

HOUSE CONCURRENCE

S. 1348 -- Senators Russell and Giese: A CONCURRENT RESOLUTION DECLARING THE WEEK APRIL 1, 1990, THROUGH APRIL 7, 1990, AS DISABLED ATHLETES' WEEK IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1395 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE CONWAY MIDDLE SCHOOL UPON BEING NAMED PALMETTO'S FINEST ON JANUARY 1, 1990, AND TO RECOGNIZE THE SCHOOL FOR ITS EXEMPLARY STUDENT ACHIEVEMENT, FACULTY TRAINING, ACADEMIC PROGRAMS, COMMUNITY INVOLVEMENT, AND SCHOOL MANAGEMENT.

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

S. 1396 -- Senator Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ANGELA BLACKSTON HAMILTON OF SENECA UPON BEING NAMED THE OUTSTANDING AMERICAN HISTORY TEACHER OF THE YEAR FOR SOUTH CAROLINA BY THE STATE SOCIETY, NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION.

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

S. 1397 -- Senators Martschink and Leventis: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 111 SO AS TO IMPOSE THE GREATER REQUIREMENT OF ANOTHER STATE ON DISPOSAL OF WASTE GENERATED IN THIS STATE ON DISPOSAL IN THIS STATE OF WASTE GENERATED IN THE OTHER STATE.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1398 -- Senator Mitchell: A JOINT RESOLUTION TO ALLOW STATE INCOME TAX DEDUCTIONS FOR COMMERCIAL TIMBER LOSSES AND TIMBER DAMAGE ASSESSMENTS ATTRIBUTABLE TO THE IMPACT OF HURRICANE HUGO IN COUNTIES DECLARED A FEDERAL DISASTER AREA BECAUSE OF THE IMPACT OF HURRICANE HUGO, TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR THE DEDUCTION INCLUDING REDUCTION OF OTHER TAX ATTRIBUTES OF TAXPAYERS CLAIMING THE DEDUCTION, AND TO ELIMINATE PENALTIES FOR FAILURE TO FILE TAX RETURNS DUE FROM SEPTEMBER 18, 1989, THROUGH NOVEMBER 30, 1989, FOR TAXPAYERS IN COUNTIES DECLARED DISASTER AREAS.

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

S. 1399 -- 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.

Read the first time and referred to the General Committee.

S. 1400 -- Senator Drummond: A BILL TO AMEND SECTIONS 40-7-230 AND 40-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS, SO AS TO PROVIDE THAT EACH REGISTERED BARBER AND APPRENTICE SHALL RENEW HIS CERTIFICATE ANNUALLY AND TO EXEMPT COSMETOLOGISTS FROM LICENSURE REQUIREMENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-7-125 SO AS TO ALLOW A LICENSED COSMETOLOGIST TO OBTAIN A CERTIFICATE OF REGISTRATION AS A MASTER HAIR CARE SPECIALIST.

Read the first time and referred to the General Committee.

S. 1401 -- Senator Drummond: A BILL TO AMEND SECTION 40-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSMETOLOGISTS, SO AS TO PROVIDE THAT A REGISTERED MASTER HAIR CARE SPECIALIST MAY QUALIFY AS A COSMETOLOGIST.

Read the first time and referred to the General Committee.

S. 1402 -- Senators Lindsay, Wilson, McConnell and Rose: A BILL TO ENACT THE "STUDENT PROTECTION ACT OF 1990", INCLUDING PROVISIONS THAT EACH EMPLOYEE OF A SCHOOL DISTRICT OR APPLICANT FOR EMPLOYMENT WITH THE DISTRICT, AS A CONDITION OF EMPLOYMENT, SHALL AUTHORIZE A CRIMINAL BACKGROUND INVESTIGATION OF HIMSELF, AND PROVISIONS FOR CERTAIN FEES, THE ESTABLISHMENT OF A MISDEMEANOR OFFENSE, PENALTIES, AND THE ADOPTION AND PROMULGATION OF REGULATIONS.

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

S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.

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

S. 1404 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO REVISE THE NAMES OF THE PRECINCTS AND THE MANNER IN WHICH THE PRECINCT LINES ARE DEFINED, DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS, AND PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES.

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

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, AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

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

S. 1406 -- Senator Lindsay: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ALBERTA "BERTA" WILLIAMS OF COLUMBIA.

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

H. 4837 -- Rep. McGinnis: A CONCURRENT RESOLUTION TO CONGRATULATE JAMES F. BYRNES HIGH SCHOOL REBELS BASKETBALL TEAM AND ITS COACH, HAROLD MCMANUS, ON WINNING THE CLASS AAA BOY'S CHAMPIONSHIP.

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

H. 4838 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION COMMENDING BEAUFORT ACADEMY FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION ACADEMIC QUIZ BOWL STATE TITLE.

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

H. 4839 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION TO COMMEND THE BEAUFORT COUNTY SCHOOL DISTRICT FOR CONDUCTING FOR THE SEVENTH CONSECUTIVE YEAR THE ACADEMIC CHALLENGE COMPETITION AND TO CONGRATULATE THE MORE THAN FIVE HUNDRED STUDENTS FROM THE PUBLIC SCHOOLS WHO COMPETED IN THE CHALLENGE.

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

H. 4840 -- Rep. Bruce: A CONCURRENT RESOLUTION CONGRATULATING THE BOYS' BASKETBALL TEAM OF CHAPMAN HIGH SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR ITS OUTSTANDING 1989-90 SEASON.

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

H. 4841 -- Reps. P. Harris, Tucker, Carnell, McAbee, Moss, Felder, Winstead and Derrick: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. ALBERTA B. WILLIAMS OF COLUMBIA WHO DIED FRIDAY, MARCH 9, 1990.

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

H. 4842 -- Reps. Rudnick, Klapman, Baxley, McElveen, White, G. Brown, Davenport, Wilder, Limehouse, Rama, Blackwell, Cork, Sturkie, McBride, Waites, McLellan, Carnell, Bennett, J. Bailey, Washington, Koon, Huff, Kay, Townsend, Mappus, Whipper, D. Martin, Quinn, J. Harris, Barber, T.M. Burriss, Corning, Burch, Harrison, Smith, Sharpe, Keesley, Foster, McTeer, McEachin, Glover, Littlejohn, Mattos, J.C. Johnson, Wells, Kinon, Felder, Kirsh, Farr, Phillips, McGinnis, Ferguson, Waldrop, Hendricks, J.W. Johnson, Cole, Baker, M.O. Alexander, Keyserling, Manly, Nettles, Lanford, McLeod, Blanding, Snow, Altman, Gordon, Jaskwhich, Wofford, H. Brown, Bruce and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LUCILE IRENE MCFADDEN MEADORS OF WEST COLUMBIA, LEXINGTON COUNTY, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 4843 -- Rep. Barber: A CONCURRENT RESOLUTION TO COMMEND CAPTAIN RICHARD RODGERS OF THE JAMES ISLAND FIRE DEPARTMENT FOR BRAVERY AND HEROISM WITHOUT REGARD TO HIS PERSONAL SAFETY ON THE EVENING OF SEPTEMBER 21, 1989, AS HURRICANE HUGO HIT SOUTH CAROLINA.

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

REPORTS OF STANDING COMMITTEES

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

S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.

Ordered for consideration tomorrow.

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

S. 1223 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.

Ordered for consideration tomorrow.

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

S. 1252 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA SOCIAL WORKERS EXAMINERS BOARD FOR SIX YEARS; TO AMEND SECTION 40-63-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF SOCIAL WORKERS, SO AS TO DELETE RESIDENCY AND EMPLOYMENT RESTRICTIONS AS REQUIREMENTS FOR LICENSURE; AND TO AMEND SECTION 40-63-110, RELATING TO DISCIPLINARY ACTION AGAINST SOCIAL WORKERS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS USED A SOLICITOR OR PEDDLERS, CAPPERS, OR STEERERS TO OBTAIN PATRONAGE.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

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

Ordered for consideration tomorrow.

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

S. 1382 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.

Ordered for consideration tomorrow.

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

S. 1383 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE PUBLIC SCHOOL STUDENTS TO BE INSTRUCTED IN THE SACRIFICES MADE BY VETERANS AND TO REQUEST THAT PUBLIC SCHOOL DISTRICTS OBSERVE MEMORIAL DAY OR VETERANS DAY IN HONOR OF VETERANS.

Ordered for consideration tomorrow.

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

H. 4418 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.

Ordered for consideration tomorrow.

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

H. 4564 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OPERATION AND FUNDING OF TEACHER TRAINING COURSES IN MATHEMATICS, SCIENCE, READING AND COMPUTER EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4565 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4567 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1173, PURSUANT TO
THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4687 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1174, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4688 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR DEPARTMENT OF YOUTH SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1198, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4689 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1209, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 4690 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1210, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

THIRD READING BILL

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

S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(By prior motion of Senator GIESE, with unanimous consent)

MOTION TO RECONSIDER ADOPTED

H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.

Senator O'DELL, having voted on the prevailing side, moved to reconsider the vote whereby second reading of the Bill was rejected.

Point Of Order

Senator McCONNELL raised a Point of Order that the motion to reconsider could not be made at this point on the Calendar.

Senator MULLINAX spoke on the Point of Order and stated that the motion was in order inasmuch as it met the requirements of Rule 12 pertaining to a motion to reconsider.

Senator LEATHERMAN spoke on the Point of Order and stated that the Senate was not in the Motion Period and the only time that the motion to reconsider could be made was during the Motion Period.   Senator McCONNELL stated further that the motion to reconsider can only be made when the matter is at its proper place on the Calendar and, further, that the Senate was not at the proper place on the Calendar, to wit, the second reading Calendar.

Senator LINDSAY objected to an uncontested call of the Calendar.

The PRESIDENT stated that the Senate was now in the Motion Period and that the motion to reconsider the vote whereby second reading of H.4483 was rejected was before the body.

Point Of Order

Senator McCONNELL raised a Point of Order that the Motion Period is not the proper place for this motion inasmuch as the Senate is not on the second reading Calendar of the Senate which would be the appropriate time and place in the Senate business to consider this motion, since the question to which the motion to reconsider applies is second reading.

Senators LINDSAY and McCONNELL spoke on the Point of Order.

Parliamentary Inquiry

Senator BRYAN made a Parliamentary Inquiry as to whether or not the motion to reconsider was debatable.

The PRESIDENT stated that the motion was not before the body; the Point of Order was pending.

Parliamentary Inquiry

Senator LEATHERMAN made a Parliamentary Inquiry such that if the motion is favorably acted upon, what position would the Bill take on the Calendar at that point?

Senators HOLLAND and LEVENTIS spoke on the Point of Order.

The PRESIDENT stated that the Parliamentary Inquiry would be addressed, if the Senate agrees to the motion.

The PRESIDENT stated that Senator McCONNELL raised a Point of Order that it would be out of order to take up the motion to reconsider in the Motion Period. The PRESIDENT stated that the motion to reconsider, as governed by Rule 12, must meet three requirements - that the Senator making the motion must have voted on the prevailing side, that the legislation is still in the possession of the Senate, that it occur within two legislative days of the action of the Senate to which it pertains. The motion meets the requirements of Rule 12; therefore, the Point of Order is overruled.

Point Of Order

Senator McCONNELL raised a Point of Order that if the motion to reconsider prevails, the Bill cannot be acted upon during the Motion Period, but must be considered during either the second or third statewide reading Calendar on which it would otherwise appear.

Senator WILLIAMS, with unanimous consent, spoke on the motion to reconsider.

Senator SETZLER spoke on the Point of Order.

The PRESIDENT stated that the Senate has the capacity to act on any matter at any time with unanimous consent and, therefore, overruled the Point of Order.

Parliamentary Inquiry

Senator LEATHERMAN renewed a Parliamentary Inquiry as to where the Bill will be placed on the Calendar, if the motion to reconsider prevails.

Senators McCONNELL and HOLLAND spoke to the Parliamentary Inquiry.

The PRESIDENT stated that since the Senate was not at that juncture, the inquiry dealing with the disposition of the matter should the motion carry, would be taken under advisement.

The question then was the motion to reconsider the vote whereby second reading of the Bill was rejected.

Senator SHEALY argued contra to the motion to reconsider.

Objection

Senator SHEALY asked unanimous consent to make a motion that the Senate proceed to vote on the question and that if the motion to reconsider prevails and the amendment that is proposed is not adopted, then Senator SHEALY would retain the floor.

Senator MARTIN objected.

Parliamentary Inquiry

Senator LEATHERMAN inquired as to a response on the Parliamentary Inquiry made earlier.

The PRESIDENT stated that the motion to reconsider is directed to the action of the Senate whereby second reading of the Bill was rejected; therefore, if the motion to reconsider prevails, the Bill would be placed on the second reading Calendar and would not be in the status of Special Order.

Senators MARTIN and HOLLAND argued in favor of the motion to reconsider.

Senator DRUMMOND argued contra to the motion to reconsider.

Objection

Senator MITCHELL asked unanimous consent to be recorded as voting in favor of the motion to reconsider.

Senator SHEALY objected.

Leave Of Absence

Senator MITCHELL requested and was granted a leave of absence for the remainder of the day.

Senator J. VERNE SMITH spoke on the motion to reconsider.

The question then was the motion to reconsider the vote whereby second reading of the Bill was rejected.

The motion to reconsider was adopted.

Parliamentary Inquiry

Senator LEATHERMAN made a Parliamentary Inquiry as to whether or not the Bill was before the body for consideration.

The PRESIDENT stated that the Bill is on the second reading Calendar unless the body should decide otherwise.

Senator LEATHERMAN objected to further consideration of the Bill.

Parliamentary Inquiry

Senator POPE made a Parliamentary Inquiry as to whether the Senate was in the Motion Period.

The PRESIDENT stated that the Senate was in the Motion Period.

Motion Proposed

H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.

Senator POPE moved that the Bill be set for Special Order.

Objection

Senator MOORE asked unanimous consent to make a motion that the Bill be taken up for immediate consideration for the purpose of having an amendment to H.4483 explained.

Senator LINDSAY objected.

Parliamentary Inquiry

Senator BRYAN made a Parliamentary Inquiry as to whether or not the next order of business would be the uncontested Calendar.

The PRESIDENT stated that Senator LINDSAY objected to all the uncontested matters on the Calendar.

Senator LINDSAY removed his objection to the uncontested matters on the Calendar.

ADJOURNMENT

At 12:47 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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