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

THURSDAY, FEBRUARY 22, 1990

Thursday, February 22, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of King David in Psalm 34 (vv. 3-4) in the New English Bible rendering:

"O glorify the Lord with me, and

Let us exalt His name together.

I sought the Lord's help and

He answered me;

He set me free from all my terrors.

Look towards Him and shine with joy;"
Let us pray.

O God our Father, who sends the sunshine and the showers upon the just and the unjust:

As we pray for guidance in the weighty affairs of State, may we seek to be as sensitive to the spiritual life of our people as we are to their economic and political life.

Help us to be as concerned about a knowledge of Thee and of our relationship to Thee as we are about our relationship to the people who sent us here.

As the sun sheds light on the earth, so, O Son of Righteousness, shed thy light up upon us this day that our minds may be illuminated and our wills moved to do Your Will, that we may all be able to say with King David,

"O magnify the Lord with me,

Let us exalt His name together!"

Amen.

Point Of Quorum

Senator THOMAS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call Of The Senate

Senator THOMAS moved that a call of the Senate be made. The following Senators answered the call:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lourie                    Macaulay                  Martin
Martschink                Matthews                  McConnell
McGill                    McLeod                    Mitchell
Moore                     Mullinax                  O'Dell
Passailaigue              Patterson                 Peeler
Pope                      Rose                      Saleeby
Setzler                   Shealy                    Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Wilson

The Senate resumed.

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

Doctor Of The Day

Senator GIESE introduced Dr. A. Pakalnis of Columbia, Doctor of the Day.

Message From The House

Columbia, S.C., February 21, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO PROVIDE FOR THE REQUIREMENTS OF A PARENT'S PETITION TO CHANGE THE NAME OF HIS MINOR CHILD, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., February 21, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

NON-CONCURRENCE

S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.

The House returned the Bill with amendments.

Senator LOURIE explained the amendments.

On motion of Senator LOURIE, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1313 -- Senators Passailaigue, Fielding and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE THE INDUSTRIOUS FAMILIES OF NORTH CHARLESTON WHO LIVED IN THE GARCO MILL VILLAGE AND WHOSE CONTRIBUTIONS HELPED TO MAKE THAT CITY DYNAMIC AND CONTINUE TO INSPIRE ITS CITIZENS.

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

S. 1314 -- Senator Williams: A BILL TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES ACT, SO AS TO DEFINE THE TERM "INVESTMENT ADVISER REPRESENTATIVE", TO AMEND SECTION 35-1-310, RELATING TO EXEMPT SECURITIES, SO AS TO FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE EXEMPT, TO AMEND SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520, 35-1-550, 35-1-560, 35-1-570, AND 35-1-580 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, AND TO AMEND SECTION 35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900, RELATING TO FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION 35-1-980, RELATING TO AMENDED REGISTRATION STATEMENTS AND THE FILING FEES FOR THE AMENDED STATEMENTS, SO AS TO REVISE THESE FEES.

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

S. 1315 -- Senators Shealy, Wilson, Peeler, Rose and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-110 SO AS TO PROVIDE THAT A COUNTY WHICH LEVIES A SALES AND USE TAX MAY NOT INCREASE ITS PROPERTY TAX MILLAGE UNLESS THE REGISTERED ELECTORS OF THE COUNTY VOTE FAVORABLY TO THE INCREASE IN A COUNTYWIDE REFERENDUM.

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

Senator SHEALY spoke on the Bill.

S. 1316 -- 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 OPERATIONS, 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, 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 OR 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.

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

S. 1317 -- Senators Williams, Long and Hinds: A BILL TO AMEND SECTION 22-8-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS MAGISTRATES SPEND IN THE EXERCISE OF THEIR JUDICIAL FUNCTION, SO AS TO HAVE A SENATORIAL DELEGATION CONSIDER THE DUTIES INVOLVED IN THE EXERCISE OF A MAGISTRATE'S JUDICIAL FUNCTION WHEN CLASSIFYING OR RECLASSIFYING MAGISTRATES AS FULL TIME OR PART TIME; TO AMEND SECTION 22-8-40, RELATING TO DESIGNATION AND COMPENSATION OF MAGISTRATES, SO AS TO PROVIDE THAT THE SENATORIAL DELEGATION OF EACH COUNTY INSTEAD OF THE COUNTY GOVERNING BOARD DESIGNATE FULL-TIME AND PART-TIME MAGISTRATES SERVING WITHIN THE COUNTY, AND TO ALLOW THE SENATORIAL DELEGATION SOME DISCRETION IN FIXING MAGISTRATES' SALARIES; AND TO AMEND SECTION 22-8-50, RELATING TO MAGISTRATES' GRIEVANCES AGAINST RULINGS OR ACTIONS TAKEN BY A COUNTY OR COUNTY GOVERNING BOARD, SO AS TO EXCLUDE MATTERS CONCERNING CLASSIFICATION, RECLASSIFICATION, OR COMPENSATION OF MAGISTRATES; AND TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO ALLOW THE SENATORIAL DELEGATION TO INCREASE THE NUMBER OF MAGISTRATES IN COUNTIES WHICH GENERATE FOUR MILLION DOLLARS OR MORE IN ACCOMMODATIONS TAX REVENUE.

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

S. 1318 -- Senator Williams: A BILL TO AMEND SECTION 33-2-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLES OF INCORPORATION, SO AS TO REVISE WHAT THE ARTICLES MUST SET FORTH; TO AMEND SECTION 33-4-101, RELATING TO CORPORATE NAMES, SO AS TO FURTHER PROVIDE FOR THOSE THINGS FROM WHICH A CORPORATE NAME MUST BE DISTINGUISHABLE AND FOR THE EXCEPTIONS TO THESE CORPORATE NAME REQUIREMENTS; TO AMEND SECTION 33-8-310, RELATING TO DIRECTOR OR OFFICER CONFLICTS OF INTEREST, SO AS TO FURTHER PROVIDE FOR THOSE SITUATIONS WHERE A CONFLICT OF INTEREST TRANSACTION IS NOT VOIDABLE BY THE CORPORATION; TO AMEND SECTION 33-15-103, RELATING TO AN APPLICATION BY A FOREIGN CORPORATION FOR A CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO REVISE WHAT THE APPLICATION MUST SET FORTH; TO AMEND ARTICLE 7, CHAPTER 19 OF TITLE 33, RELATING TO MISCELLANEOUS REGULATORY PROVISIONS, SO AS TO DELETE CERTAIN REQUIREMENTS FOR DOMESTIC AND FOREIGN PROFESSIONAL CORPORATIONS TO DO BUSINESS IN THIS STATE AND TO DELETE THE REQUIREMENT THAT ANNUAL QUALIFICATION STATEMENTS MUST BE FILED; TO AMEND SECTION 33-20-105, RELATING TO SAVINGS PROVISIONS IN THE CORPORATE CODE, SO AS TO FURTHER PROVIDE FOR THESE SAVINGS PROVISIONS; TO AMEND SECTION 35-2-104, RELATING TO THE DEFINITION OF AN "ISSUING PUBLIC CORPORATION" FOR PURPOSES OF CONTROL SHARE ACQUISITION PROVISIONS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 35-2-213, RELATING TO THE DEFINITION OF "RESIDENT DOMESTIC CORPORATION" FOR PURPOSES OF BUSINESS COMBINATION PROVISIONS, SO AS TO REVISE THIS DEFINITION; AND TO AMEND SECTION 35-2-224, RELATING TO THE APPLICABILITY OF BUSINESS COMBINATION PROVISIONS TO FOREIGN CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY.

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

S. 1319 -- Senator Hinds: A BILL TO AMEND SECTION 2-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE CODE, SO AS TO INCLUDE EACH COUNTY VETERANS AFFAIRS OFFICER IN THE DISTRIBUTION.

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

S. 1320 -- Senators Drummond, Leventis and Wilson: A BILL TO AMEND SECTION 42-7-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKER'S COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL GUARD.

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

S. 1321 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-1-25 SO AS TO PROVIDE THAT DOMESTIC PUBLIC CELLULAR RADIO TELECOMMUNICATIONS SERVICES AND PROVIDERS ARE NOT SUBJECT TO REGULATION BY THE PUBLIC SERVICE COMMISSION UNDER TITLE 58 OF THE 1976 CODE OR BY ANY OTHER PROVISION OF LAW.

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

S. 1322 -- Senators Pope and Wilson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF BILLY DREHER ISLAND STATE PARK AND THE LAKE MURRAY COUNTRY VISITORS CENTER.

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

S. 1323 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND ITS BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE EX OFFICIO MEMBER OF THE BOARD WHO IS THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL SHALL HAVE VOTING PRIVILEGES.

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

Ordered To A Second And Third Reading

On motion of Senator LAND, with unanimous consent, S. 1323 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1324 -- Senators Mullinax, McGill and Hinds: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS AND NOTIFICATION OF AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT PUBLIC BODIES ARE NOT REQUIRED TO PROVIDE PUBLIC RECORDS ON A PARTICULAR TOPIC IF A LAWSUIT ON THAT ISSUE IS IMMINENT.

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

S. 1325 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.

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

Senator MOORE explained the Bill.

Ordered To A Second And Third Reading

On motion of Senator MOORE, with unanimous consent, S. 1325 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1326 -- Senator Lindsay: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.

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

H. 4664 -- Reps. Phillips and Moss: A BILL TO PROVIDE FOR THE FILING PERIOD IN WHICH CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST FILE FOR OFFICE.

Read the first time and referred to the Local Delegation.

H. 4726 -- Reps. Baxley, Blanding, G. Brown, McElveen and McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE THE 1989 NATIONAL IBM TEACHER OF THE YEAR, RITA BEARD, A BUSINESS TEACHER AT HILLCREST HIGH SCHOOL IN SUMTER COUNTY, AND TO CONGRATULATE HER FOR HER MANY ACCOMPLISHMENTS IN AND CONTRIBUTIONS TO HER FIELD.

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

REPORTS OF STANDING COMMITTEES

Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:

H. 3691 -- Reps. Harvin, Keegan, Limehouse, G. Bailey, Harwell, Sharpe, McBride, Waites, Keyserling, Corning, Rama, Barfield, Nesbitt, Moss, Cooper, Wilkes, Townsend, J. Brown, J. Bailey, Mappus, Corbett, T.M. Burriss, P. Harris, Rhoad, Whipper, McLeod, Snow, Altman, L. Martin, Felder, Lockemy, Glover, Rudnick, Ferguson, Gordon, R. Brown, McGinnis, Mattos and Wells: A BILL TO AMEND SECTION 34-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON LOANS TO DIRECTORS AND OFFICERS OF BANKS INCORPORATED UNDER THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT DIRECTORS AND OFFICERS OF STATE BANKS MAY BORROW OR OBTAIN CREDIT FROM THESE BANKS IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT DIRECTORS AND OFFICERS OF NATIONAL BANKS ARE PERMITTED TO BORROW OR OBTAIN CREDIT FROM THESE NATIONAL BANKS AS PROVIDED BY LAW.

Ordered for consideration tomorrow.

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

Reappointment, Member, Arts Commission, with term to expire June 30, 1993:

Shirley Langdon, Route 6, Box 1284, Aiken, S.C. 29801

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

Reappointment, Member, Barber Board of Examiners, with term to expire June 30, 1994:

Thelma Robinson, 624 Washington Cir., Aiken, S.C. 29801

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

Appointment, Member, Alcohol Beverage Control Commission, with term to expire June 30, 1991:

Wilbur Hodge, P.O. Box 16325, Greenville, S.C. 29606 VICE Elliott D. Thompson (resigned)

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

Reappointment, Member, JEDA Board, with term to expire July 27, 1993:

3rd Congressional District:

Alfred B. Robinson, Jr., 101 Mountain View Dr., Easley, S.C. 29641

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

Appointment, Member, Public Service Authority, with term to expire May 15, 1994:

2nd Congressional District:

Leon Goodall, 6328 Eastshore Dr., Columbia, S.C. 29206 VICE John Rainey (resigned)

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

Reappointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1995:

5th Congressional District:

Mr. Clarence F. Hornsby, 1416 Thornwell Ave., Rock Hill, S.C. 29730

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

Reappointment, Member, Higher Education Commission, with term to expire July 26, 1993:

Dr. Ray Ramage, 1111 Parkins Mill Road, Greenville, S.C. 29605

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

Reappointment, Member, Commission on Aging, with term to expire June 30, 1994:

6th Congressional District:

Dr. Suzanne Geist Black, 507 E. Roosevelt Street, Dillon, S.C. 29536

MOTION ADOPTED

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

RECALLED, AMENDED AND READ

H. 4461 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.

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

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

Senators LOURIE, WILLIAMS and WADDELL proposed the following amendment (Doc. No. 2811J), which was adopted:

Amend the bill, as and if amended, page 3, by adding an appropriately numbered SECTION to read:

/SECTION ___. Section 23-23-50(B)(4) of the 1976 Code is amended to read:
"(4) evidence satisfactory to the council that applicant has not been convicted of any criminal offense that carries a sentence of and sentenced to imprisonment for one year or more for that offense or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction. Provided that council may certify a candidate if the conviction is remote in time, and provided further that if, in the opinion of council, the candidate is of good character as otherwise required by Item 5 of the section."/

Amend title to conform.

Renumber sections to conform.

Senator LOURIE explained the amendment.

On motion of Senator LOURIE, the Bill was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator LOURIE, with unanimous consent, H. 4461 was ordered to receive a third reading on Friday, February 23, 1990.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 4576 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 102, MAULDIN.

(On motion of Senator STILWELL)

HOUSE BILL RETURNED

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

H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.

THIRD READING BILL

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

S. 1268 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48, THE SOUTH CAROLINA MINING ACT.

(On motion of Senator LAND, with unanimous consent)

SECOND READING BILLS

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

S. 491 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.

Senator McCONNELL explained the Bill.

S. 1198 -- Senators Setzler and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-115 SO AS TO PROVIDE THAT PERSONS APPLYING FOR INITIAL CERTIFICATION TO BECOME CERTIFIED EDUCATION PERSONNEL SHALL UNDERGO CERTAIN FINGERPRINT REVIEWS, AND TO PROVIDE THAT THE FEES CHARGED FOR THESE REVIEWS MUST BE PAID BY THE APPLICANT.

Ordered To A Third Reading

On motion of Senator SETZLER, with unanimous consent, S. 1198 was ordered to receive a third reading on Friday, February 23, 1990.

H. 4563 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered To A Third Reading

On motion of Senator GIESE, with unanimous consent, H. 4563 was ordered to receive a third reading on Friday, February 23, 1990.

H. 4566 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES UTILIZED BY THE STATE BOARD OF EDUCATION IN THE APPROVAL OF TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1197, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator GIESE explained the Joint Resolution.

Ordered To A Third Reading

On motion of Senator GIESE, with unanimous consent, H. 4566 was ordered to receive a third reading on Friday, February 23, 1990.

Amended And Read

S. 971 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.

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

The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The amendment proposed by the Committee on Labor, Commerce and Industry (Doc. No. 0608o) was adopted as follows:

Amend the bill, as and if amended, by striking Section 40-1-180(A)(3), as contained in SECTION 1, beginning on page 1 and inserting:

/   (3)   has the following educational background:

(a)   Before July 1, 1997, each applicant must have a baccalaureate degree from a college or university recognized by the board including a minimum of twenty-four hours or the equivalent in accounting hours.

After June 30, 1997, each applicant must have a baccalaureate degree and a minimum of one hundred fifty semester hours or equivalent from a college or university recognized by the board. The one hundred fifty hours must include a minimum of thirty-six hours in accounting and twenty-four hours in business administration courses other than accounting./

Amend further, by striking the first paragraph of Section 40-1-240, as contained in SECTION 2, page 2, and inserting:

/The board may, upon application in writing, may waive the examination referred to in Section 40-1-170 and issue a certificate to any a person who is the holder of a certificate as a certified public accountant issued under the laws of any state and who has the qualifications required by this article and the regulations of the board when the person submits to the board evidence as to such the qualifications required by the Board and when (a) the person for not less than one year has been the holder of a certificate, license, or degree in another state constituting a recognized qualification for the practice of public accounting in that state and (b) the standards prescribed by law or the regulations and examinations conducted in that state are, in the opinion of the Board, fully equivalent to the standards in this State it requires./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

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

Amended And Read

S. 752 -- Senator Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-865 SO AS TO REQUIRE THE COURT OR CLERK OF COURT, UPON PRESENTATION OF A VERIFIED PETITION, TO ISSUE A RULE TO SHOW CAUSE CONCERNING THE VIOLATION OF A FAMILY COURT ORDER.

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

The amendment proposed by the Committee on Judiciary (Doc. No. 2734J) was adopted as follows:

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

/SECTION 1. Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Subarticle 10
Court or Clerk of Court to Issue
Rule to Show Cause for Violation
of Court Order

Section 20-7-1515. The court or, if a judge is not immediately available, the clerk of court, upon presentation of a verified petition, shall issue a rule to show cause directed to any party alleged to have violated an existing court order. The rule must require the alleged contemnor to appear at a time and date certain. The issuance of the rule to show cause shall be nondiscretionary."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator POPE explained the amendment.

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

Amended And Read

S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.

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

The amendment proposed by the Committee on Judiciary (Doc. No. 2781J) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 4 of Section 17-15-240(3), as contained in SECTION 1, by striking /twenty-five percent to the general fund of the State and seventy-five percent/ .

Amend title to conform.

Senator POPE explained the amendment.

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

Ordered To A Third Reading

On motion of Senator ROSE, with unanimous consent, S. 961 was ordered to receive a third reading on Friday, February 23, 1990.

Point Of Order

S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

Senator McCONNELL raised a Point of Order that under Rule 40, the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

Message From The House

Columbia, S.C., February 22, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1312 -- Senators Passailaigue, McConnell, McLeod, Martschink and Fielding: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. ROBERT BARNWELL STALL OF NORTH CHARLESTON WHO DIED SUNDAY, FEBRUARY 18, 1990.

Returned with concurrence.

Received as information.

S. 1313 -- Senators Passailaigue, Fielding and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE THE INDUSTRIOUS FAMILIES OF NORTH CHARLESTON WHO LIVED IN THE GARCO MILL VILLAGE AND WHOSE CONTRIBUTIONS HELPED TO MAKE THAT CITY DYNAMIC AND CONTINUE TO INSPIRE ITS CITIZENS.

Returned with concurrence.

Received as information.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:20 A.M. and the following Acts and Joint Resolutions were ratified:

(R368) S. 833 -- Senator Martin: AN ACT TO AMEND SECTION 7-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO CHANGE THE DATE OF THE OFFICIAL MAP DESIGNATING THE PRECINCTS PREPARED BY AND ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD WHICH SHOWS CHANGES IN THE BOUNDARIES OF DUTCHMAN CREEK AND MITFORD PRECINCTS.

(R369) H. 3639 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION.

(R370) H. 4518 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD FOR SOCIAL WORK EXAMINERS, RELATING TO LICENSING, CONTINUING EDUCATION, AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R371) H. 4517 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO LICENSING, CONTINUING EDUCATION, AND APPRENTICESHIPS OF OPTICIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R372) H. 3852 -- Rep. McLellan: AN ACT TO AMEND SECTIONS 8-11-720 AND 8-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEAVE-TRANSFER PROGRAM, SO AS TO PROVIDE THE AMOUNT OF LEAVE AN EMPLOYEE MAY DONATE IN ONE YEAR AND TO PROVIDE THAT APPROVAL BY THE BUDGET AND CONTROL BOARD OR ITS DESIGNEE IS FINAL.

(R373) H. 3883 -- Rep. Baxley: AN ACT TO AMEND SECTION 36-9-319, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF SECURED PROPERTY WITHOUT CONSENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO INCREASE THE MONETARY PENALTY FOR VIOLATION AND TO INCREASE THE DOLLAR AMOUNT OF THE VALUE OF THE PROPERTY WHICH MAKES THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.

(R374) H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-37 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION ON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT OR FAMILY COURT FOR AN ORDER GRANTING HER THE RIGHT TO OBTAIN AN ABORTION WITHOUT THE CONSENT REQUIRED IN SECTION 44-41-31, TO PROVIDE PROCEDURES FOR THE FILING OF THE PETITION, TO REQUIRE THE COURT TO ENTER A WRITTEN ORDER STATING FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ITS DECISION, TO PROVIDE THAT IF THE FATHER OF A CHILD BORN AFTER THE DENIAL OF A PETITION IS IDENTIFIED BY ADJUDICATION HE SHALL SHARE IN THE EXPENSES OF THE DELIVERY AND REARING OF THE CHILD AS DETERMINED BY THE COURT, TO PROVIDE A RIGHT OF APPEAL BY A MINOR TO THE SUPREME COURT ON A DECISION RENDERED PURSUANT TO SECTION 44-41-33, TO PROVIDE THAT FAILURE TO OBTAIN REQUIRED CONSENT CONSTITUTES PRIMA FACIE EVIDENCE OF INTERFERENCE WITH FAMILY RELATIONS IN AN APPROPRIATE CIVIL ACTION, TO PROVIDE A PENALTY FOR A PERSON WHO INTENTIONALLY PERFORMS AN ABORTION WITH KNOWLEDGE THAT, OR RECKLESS DISREGARD AS TO WHETHER, THE PERSON UPON WHOM THE ABORTION IS TO BE PERFORMED IS AN UNEMANCIPATED MINOR, AND WHO INTENTIONALLY OR KNOWINGLY FAILS TO CONFORM TO ANY REQUIREMENT IN SECTIONS 44-41-10 THROUGH 44-41-36, AND TO PROVIDE THAT A PHYSICIAN OR OTHER PROFESSIONAL PERSON OR AGENCY COUNSELING OR DISCUSSING WITH A MINOR THE QUESTION OF HER OBTAINING AN ABORTION SHALL FULLY INFORM HER OF THE PROCEDURES SHE MUST FOLLOW UNDER THE LAW TO OBTAIN AN ABORTION WITHOUT THE CONSENT REQUIRED IN SECTION 44-41-31; TO AMEND SECTION 44-41-10, RELATING TO DEFINITIONS USED REGARDING THE REGULATION OF THE PERFORMANCE OF AN ABORTION, SO AS TO DEFINE "MINOR", "EMANCIPATED MINOR", AND "IN LOCO PARENTIS", AND REDEFINE "ABORTION"; TO AMEND SECTION 44-41-30, RELATING TO PERSONS FROM WHOM CONSENT IS REQUIRED TO PERFORM AN ABORTION, SO AS TO PROVIDE THAT CONSENT IS REQUIRED BEFORE THE PERFORMANCE OF AN ABORTION FROM A PREGNANT WOMAN IN EVERY CASE AND IN THE CASE OF A MINOR IT MUST BE OBTAINED PURSUANT TO THE PROVISIONS OF SECTION 44-41-31, PROVIDE FOR THE OBTAINING OF CONSENT OF A WOMAN WHO IS UNDER ADJUDICATION OF MENTAL INCOMPETENCE, AND PROVIDE FOR THE WAIVER OF CONSENT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-41-60, RELATING TO THE REPORTING OF ABORTIONS, SO AS TO PROVIDE THAT THE FORM ON WHICH THE ABORTION IS REPORTED MUST INDICATE FROM WHOM CONSENT WAS OBTAINED OR CIRCUMSTANCES WAIVING CONSENT.

(R375) H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: AN ACT TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE QUESTION ON THE BALLOT AND THE MANNER IN WHICH THE BALLOT IS EXECUTED, AND TO AUTHORIZE THE RESTORATION OF THE CHARTER OF THE SERTOMA CLUB OF NORTH AUGUSTA.

(R376) H. 4570 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 2, GREENVILLE.

(R377) H. 4546 -- Rep. Sheheen: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CONSOLIDATED COMMUNICATIONS CORPORATION DBA CCOM, INC., IN KERSHAW COUNTY.

(R378) H. 3723 -- Reps. Wilkins, McElveen and Huff: AN ACT TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO PROVIDE FOR THE REQUIREMENTS OF A PARENT'S PETITION TO CHANGE THE NAME OF HIS MINOR CHILD, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.

(R379) H. 4235 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT TO REPEAL SECTION 44-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A TAX ON ALCOHOLIC LIQUORS FOR ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SECTION 44-9-140, RELATING TO THE EXEMPTION FOR CERTAIN FACILITIES FROM THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS, SECTION 44-9-150, RELATING TO THE INAPPLICABILITY OF THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS TO A LICENSED GENERAL HOSPITAL, SECTION 44-11-50, RELATING TO STATE TRAINING SCHOOLS FOR MENTAL HEALTH, SECTION 44-11-100, RELATING TO FINANCIAL BENEFITS FOR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF MENTAL HEALTH OR A MENTAL HEALTH FACILITY FROM A CONTRACT OR PURCHASE BY A FACILITY, ARTICLE 3, CHAPTER 15, TITLE 44, RELATING TO THE COASTAL EMPIRE MENTAL HEALTH BOARD, ARTICLE 5, CHAPTER 15, TITLE 44, RELATING TO THE MENTAL HEALTH CENTER FOR DARLINGTON AND FLORENCE COUNTIES, SECTION 44-17-830, RELATING TO THE DISCHARGE AND RIGHTS OF A PERSON DISCHARGED BY THE DEPARTMENT OF MENTAL HEALTH, AND ARTICLE 7, CHAPTER 23, TITLE 44, RELATING TO THE HOSPITALIZATION OF A PERSON ACQUITTED BY A JURY ON THE GROUND OF INSANITY.

Point Of Privilege

Senator HORACE C. SMITH rose to a Point of Privilege.

Point Of Privilege

Senator PATTERSON rose to a Point of Privilege.

Point Of Privilege

Senator McCONNELL rose to a Point of Privilege.

ACTING PRESIDENT PRESIDES

Senator MOORE assumed the Chair.

Point Of Privilege

Senator LAND rose to a Point of Privilege.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair.

Point Of Privilege

Senator DRUMMOND rose to a Point of Privilege.

Point Of Personal Privilege

Senator PEELER rose to a Point of Personal Privilege.

Point Of Privilege

Senator SHEALY rose to a Point of Privilege.

Point Of Privilege

Senator McLEOD rose to a Point of Privilege.

Point Of Privilege

Senator COURSON rose to a Point of Privilege.

Point Of Privilege

Senator GILBERT rose to a Point of Privilege.

EXECUTIVE SESSION

On motion of Senator WADDELL, 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, Arts Commission, with term to expire June 30, 1993:

Shirley Langdon, Route 6, Box 1284, Aiken, S.C. 29801

Reappointment, Member, Barber Board of Examiners, with term to expire June 30, 1994:

Thelma Robinson, 624 Washington Cir., Aiken, S.C. 29801

Appointment, Member, Alcohol Beverage Control Commission, with term to expire June 30, 1991:

Wilbur Hodge, P.O. Box 16325, Greenville, S.C. 29606 VICE Elliott D. Thompson (resigned)

Reappointment, Member, JEDA Board, with term to expire July 27, 1993:

3rd Congressional District:

Alfred B. Robinson, Jr., 101 Mountain View Dr., Easley, S.C. 29641

Appointment, Member, Public Service Authority, with term to expire May 15, 1994:

2nd Congressional District:

Leon Goodall, 6328 Eastshore Dr., Columbia, S.C. 29206 VICE John Rainey (resigned)

Reappointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1995:

5th Congressional District:

Mr. Clarence F. Hornsby, 1416 Thornwell Ave., Rock Hill, S.C. 29730

Reappointment, Member, Higher Education Commission, with term to expire July 26, 1993:

Dr. Ray Ramage, 1111 Parkins Mill Road, Greenville, S.C. 29605

Reappointment, Member, Commission on Aging, with term to expire June 30, 1994:

6th Congressional District:

Dr. Suzanne Geist Black, 507 E. Roosevelt Street, Dillon, S.C. 29536

ADJOURNMENT

At 1:10 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


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