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

WEDNESDAY, JANUARY 10, 1990

Wednesday, January 10, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, it is said that one of the sayings of
Jesus not recorded in the Gospels goes like this:

"Wherever there are two, they are not

without God,

And wherever there is one alone, I say

I am with Him,

Raise the stone, and thou shalt find Me;

Cleave the wood and there I am."
Let us pray.

O Thou Infinite and Eternal Lord, we know
that in our invocation we do not invite Thee
to come to this place, because Thou art already
here.

In our prayer we pray that Thou wilt make
us aware of your presence, and that Thou art
ever conscious of our needs.

Help us to think ... reverently.

Help us to act ... responsibly.

At the end of this day ... or at the end
of life, we know that we shall answer not so
much to the voters who sent us here, but to
Thee whose we are and whom, really, we serve.

So, help us do a good job ... today.

AMEN.

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

Doctor Of The Day

Senator LEE introduced Dr. John W. Simmons of Spartanburg, Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1050 -- Senator McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. JOHN MOUZON SMOAK, SR., OF ROUND O COMMUNITY IN COLLETON COUNTY, UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.

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

S. 1051 -- Senators Courson, Patterson, Giese and Lourie: A CONCURRENT RESOLUTION TO COMMEND TERRELL L. GLENN, SR., ESQUIRE, OF RICHLAND COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

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

S. 1052 -- Senators Courson, Patterson, Giese and Lourie: A CONCURRENT RESOLUTION TO COMMEND WILLIAM N. GEIGER, JR., OF RICHLAND COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

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

S. 1053 -- Senators Courson, Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION TO COMMEND STEVE MCCRAE, JR., ESQUIRE, OF YORK COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

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

S. 1054 -- Senator Holland: A BILL TO AMEND ACT 148 OF 1989, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, SO AS TO DECREASE THE PER DIEM FINE FROM FIVE DOLLARS TO ONE DOLLAR AND THE TOTAL FINE FROM A MAXIMUM OF TWO HUNDRED TO TWENTY-FIVE DOLLARS FOR A FIRST OFFENSE FOR A LAPSE IN AUTOMOBILE LIABILITY INSURANCE COVERAGE, AND PROVIDE THAT THIS FINE BE REMITTED TO THE REINSURANCE FACILITY INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND MUST BE INCLUDED IN THE DETERMINATION OF THE RECOUPMENT FEE.

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

S. 1055 -- Senator Rose: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO ENACT "THE SHOCK INCARCERATION ACT" TO PUNISH FIRST TIME CRIMINAL OFFENDERS.

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

S. 1056 -- Senator Rose: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE PURPOSE OF CONSTRUCTING A CORRECTIONAL INSTITUTION FOR PERSONS CONVICTED OF VIOLATING LAWS PERTAINING TO NARCOTICS, DRUGS, AND OTHER CONTROLLED SUBSTANCES.

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

S. 1057 -- Senator Russell: A BILL TO AMEND SECTION 53-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROHIBITION ON SUNDAY WORK, SO AS TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO THE SALE OR RENTAL OF PRERECORDED VIDEOTAPES, VIDEOCASSETTE RECORDERS, OR PLAYERS.

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

S. 1058 -- Senators Lourie, Nell W. Smith, Saleeby, Giese, Moore, Peeler, Fielding, Land, Horace C. Smith, Rose, Hinds, Mitchell, McConnell, Stilwell, Thomas, Hayes, Bryan, McLeod, Helmly, Lee, J. Verne Smith, Wilson, Long, Hinson, McGill, O'Dell, Macaulay, Mullinax, Russell and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-1060 SO AS TO PROVIDE FOR ADDITIONAL FUNDING FOR PUBLIC TRANSPORTATION; AND TO AMEND SECTION 57-11-20, RELATING TO THE STATE HIGHWAY FUND, SO AS TO PROVIDE FOR THE FUND TO BE MAINTAINED IN AN INTEREST-BEARING ACCOUNT, PROVIDE FOR THE DISBURSEMENT OF THE INTEREST, AND CHANGE THE REFERENCES TO THE CHIEF HIGHWAY COMMISSIONER TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

S. 1059 -- Senator Leatherman: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE FLORENCE SYMPHONY ORCHESTRA.

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

H. 4302 -- Reps. Corning and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CHILDREN'S TRUST FUND MARCH AND RALLY ON SATURDAY, JANUARY 13, 1990.

Whereas, the members of the General Assembly note that the Children's Trust Fund, generously supported by the Pepsi Cola Company, is sponsoring a statewide march and rally in Columbia on Saturday, January 13, 1990, to make people aware of the problems facing children and to give people a way to show their concern; and

Whereas, beginning January 7, 1990, the Children's Trust Fund and the Pepsi Cola Company are sponsoring a children's art project in which selected works are displayed in the lower lobby of the State House; and

Whereas, on Saturday, January 13, there will be a march from the State House to the State Museum beginning at 1:00 p.m., culminating in a special ceremony at the museum during which march participants will be invited to put their written wishes for tomorrow's children in a hope chest that will be opened in the year 2000 and which will include free admission to the State Museum to registered marchers; and

Whereas, the members of the General Assembly wish to commend and congratulate the staff of the Children's Trust Fund and the Pepsi Cola Company for their hard work and generous support for this worthy project and urge all South Carolinians who are concerned for the welfare of our precious children to participate in the march and rally on Saturday, January 13, 1990, so that they may show their support and concern for the special needs of the approximately two hundred thousand children in South Carolina who live below the poverty level, and the thousands more who are abused, or troubled, or unhealthy. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly express their support for the Children's Trust Fund March and Rally on Saturday, January 13, 1990.

Be it further resolved that a copy of this resolution be forwarded to the Children's Trust Fund of South Carolina.

Referred to the Committee on Invitations.

REPORTS OF STANDING COMMITTEES

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 894 -- Senators Passailaigue and Mitchell: A BILL TO REPEAL SECTION 12-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BACKUP STATE INCOME TAX WITHHOLDING.

Ordered for consideration tomorrow.

Invitations Accepted

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

An invitation from Francis Marion College to attend a reception at the Capital City Club on Tuesday, January 23, 1990, beginning at 6:00 P.M.

On motion of Senator MOORE, the invitation was accepted.

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

An invitation from the South Carolina School Boards Association to attend a Legislative reception at the Radisson Hotel on Tuesday, January 23, 1990, beginning at 7:00 P.M. and also a Legislative luncheon at the Cantey Building on the State Fairgrounds on Wednesday, January 24, 1990, beginning at 12:30 P.M.

On motion of Senator MOORE, the invitation was accepted.

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

An invitation from the South Carolina Recreation and Parks Association to attend a Legislative drop-in at the Radisson Hotel on Wednesday, January 24, 1990, beginning at 6:00 P.M.

On motion of Senator MOORE, the invitation was accepted.

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

An invitation from the South Carolina Textile Manufacturers Association to attend a reception being given for H.D. "Doug" Kingsmore at The Town House on Wednesday, January 24, 1990, beginning at 6:00 P.M.

On motion of Senator MOORE, the invitation was accepted.

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

An invitation from the Council of Administrators of Special Education, Incorporated to attend a Legislative Drop-In Reception at the Solomon Blatt Building on Wednesday, January 24, 1990, beginning at 8:30 A.M.

On motion Senator MOORE, the invitation was accepted.

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

An invitation from the Board of Directors of the Palmetto State Teachers Association to attend a buffet breakfast at the Radisson Hotel on Wednesday, January 24, 1990, beginning at 8:00 A.M.

On motion of Senator MOORE, the invitation was accepted.

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

An invitation from the South Carolina Broadcasters Association to attend a reception at the Capital City Club on Tuesday, January 30, 1990, beginning at 6:00 P.M.

On motion of Senator MOORE, the invitation was accepted.

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

An invitation from the South Carolina Educational Television to attend a dinner at the Marriott Hotel on January 30, 1990, beginning at 8:00 P.M.

On motion of Senator MOORE, The invitation was accepted.

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

An invitation from the South Carolina Council of Alcohol and Drug Abuse Authorities to attend a drop-in at the Radisson Hotel on Wednesday, January 31, 1990, beginning at 6:00 P.M.

On motion of Senator MOORE, the invitation was accepted.

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

An invitation from the South Carolina Department of Health and Environmental Control to attend the Second Annual Legislative Cardiovascular Health Check at the State House on Wednesday, January 31, 1990, beginning at 9:00 A.M.

On motion of Senator MOORE, the invitation was accepted.

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

An invitation from the South Carolina Cable Television Association to attend a Legislative Reception at the Radisson Hotel on Wednesday, January 31, 1990, beginning at 8:00 P.M.

On motion of Senator MOORE, the invitation was accepted.

SECOND READING BILLS

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

S. 1045 -- Senator Giese: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COLUMBIA MEDICAL SOCIETY OF RICHLAND COUNTY, SOUTH CAROLINA, INC.

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

S. 1046 -- Senators Rose and Helmly: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., IN BERKELEY COUNTY.

S. 1047 -- Senator Setzler: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAYCE-WEST COLUMBIA CIVITAN CLUB IN LEXINGTON COUNTY.

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

S. 1049 -- Senators Mullinax, O'Dell and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

(By prior motion of Senator MULLINAX)

CARRIED OVER

The following Joint Resolution was carried over:

S. 685 -- General Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.

(On motion of Senator MOORE)

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

RECOMMITTED

S. 483 -- Senators McLeod and Peeler: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF THE GOVERNOR, SO AS TO PROVIDE THAT BEGINNING IN 1994, THE GOVERNOR MAY NOT SUCCEED HIMSELF IN OFFICE BUT SHALL BE RE-ELIGIBLE.

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

Senator SHEALY argued contra to the Joint Resolution.

Senator McLEOD argued in favor of the Joint Resolution.

Senator SHEALY moved to recommit the Joint Resolution to the Committee on Judiciary.

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

AYES

Bryan                     Courson                   Drummond
Giese                     Hayes                     Helmly
Hinson                    Holland                   Land
Leatherman                Lee                       Long
Macaulay                  Martschink                McGill
Moore                     Mullinax                  O'Dell
Peeler                    Rose                      Russell
Saleeby                   Setzler                   Shealy
Smith, H.C.               Smith, J.V.               Smith, N.W.
Stilwell                  Thomas                    Wilson

Total--30

NAYS

Fielding                  Gilbert                   Hinds
Leventis                  Matthews                  McConnell
McLeod                    Passailaigue              Patterson
Pope

Total--10

PRESENT

Mitchell

Total--1

The Joint Resolution was recommitted to the Committee on Judiciary.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

FREE CONFERENCE POWERS GRANTED

H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.

The Report of the Committee of Conference was taken up for immediate consideration. The question being the adoption of the Report of the Committee of Conference.

Senator LAND was recognized to make a status report of the Committee of Conference on H. 3739.

Senator LAND made a motion that the Committee of Conference be granted Free Conference Powers.

Parliamentary Inquiry

Senator FIELDING made a Parliamentary Inquiry as to whether a motion to consider the Report of the Committee of Conference was proper.

The PRESIDENT stated that the Senate was in the Motion Period and the motion to grant Free Conference Powers would be in order.

Point Of Order

Senator McCONNELL raised a Point of Order that the motion to grant Free Conference Powers was out of order inasmuch as the motion had been made on June 20, 1989, and defeated, and that a motion to reconsider the vote whereby the motion for Free Conference Powers failed would be necessary to vote on the granting of Free Conference Powers. Senator McCONNELL further stated that the motion to reconsider must be made within two legislative statewide days and would, therefore, be out of order.

Senators LAND, BRYAN, and LINDSAY spoke on the Point of Order.

Senator McCONNELL spoke further on the Point of Order and cited Jefferson's, p. 254, Sect. 551, which provides that if agreement cannot be reached, as evidenced by the Senate's rejection of Free Conference Powers, then the motion would be out of order as no Committee of Conference was active.

Senators BRYAN, MULLINAX, and LINDSAY spoke on the Point of Order.

The PRESIDENT overruled the Point of Order raised by Senator McCONNELL.

Senators MITCHELL, McCONNELL, and GIESE argued contra to the motion requesting Free Conference Powers.

Senator DRUMMOND argued in favor of the motion requesting Free Conference Powers.

Senators ROSE and LEVENTIS argued contra to the motion requesting Free Conference Powers.

MOTION WITHDRAWN

Senator LEVENTIS moved to lay the motion requesting Free Conference Powers on the table.

Senator LEVENTIS withdrew the motion to table.

Senator MACAULAY argued contra to the motion requesting Free Conference Powers and Senator MOORE argued in favor of the motion.

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

AYES

Bryan                     Courson                   Drummond
Fielding                  Gilbert                   Hayes
Helmly                    Hinds                     Hinson
Holland                   Land                      Leatherman
Lee                       Lindsay                   Long
Lourie                    Martin                    Martschink
Matthews                  McGill                    McLeod
Moore                     Mullinax                  O'Dell
Passailaigue              Patterson                 Pope
Saleeby                   Shealy                    Smith, H.C.
Smith, N.W.               Stilwell                  Waddell
Williams                  

Total--34

NAYS

Giese                     Leventis                  Macaulay
McConnell                 Mitchell                  Peeler
Rose                      Russell                   Setzler
Smith, J.V.               Thomas                    Wilson

Total--12

Free Conference Powers were granted to the Committee of Conference.

Point of Order

Senator McCONNELL raised a Point of Order that the Report of the Committee of Free Conference was out of order inasmuch as the conferees had not been appointed to the Committee of Free Conference.

The PRESIDENT appointed Senators LAND, BRYAN and STILWELL of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

Senator LAND moved that the Report of the Committee of Free Conference be adopted.

Point Of Order

Senator McCONNELL raised a Point of Order that the motion to adopt the Report of the Committee of Free Conference was out of order inasmuch as the conferees had not met.

The PRESIDENT overruled the Point of Order.

Point Of Order

Senator McCONNELL raised a Point of Order that under Rule 38, the Report of the Committee of Free Conference had not been on the desk at least one day prior to consideration.

The PRESIDENT sustained the Point of Order.

RETURN REQUESTED

S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.

On motion of Senator McCONNELL, the House was requested to return the Bill.

ADJOURNMENT

At 1:36 P.M., on motion of Senator McLEOD, the Senate adjourned to meet tomorrow at 11:00 A.M.

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