Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:30 P.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 word in the 34th Psalm (14,15):

"Turn from evil and do good;

Seek peace and pursue it.

The eyes of the Lord are on

the righteous and

His ears are attentive to their

cry."

Let us pray.

O Lord our God, in whose eyes a thousand years are as but yesterday when it is past, who sends the birds out on their flight, who numbers the hairs on our heads, yet in all our troubles has said to the faithful "I am with you", we pray that Saddam Hussein may also hear the words of the psalmist through the power of the Holy Spirit... "Seek peace and pursue it."

Bless, support, preserve in the faith, Thy servants, Phil and Michael, as they leave their desks here to answer the call to arms.

If it be possible, Lord, keep us at peace with each other on our planet... in the Name of the Prince of Peace.

Amen.

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

January 14, 1991
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, State Development Board, At Large-Chairman, with term to expire on May 21, 1994:

Mr. Currie Byrd Spivey, Jr., 28 Southland Avenue, Greenville, S.C. 29601 VICE Richard E. Greer

Referred to the Committee on Labor, Commerce and Industry.

January 16, 1991
Mr. Frank B. Caggiano
Clerk of the Senate
State House
Columbia, S.C. 29202

Dear Mr. Caggiano:

Under the date of January 8, 1991, the State Election Commission certified to this office the results of the election in Senatorial District 11. The certification shows that Mr. Glenn Reese has been elected to the State Senate, Senatorial District No. 11.
I, therefore, certify that Mr. Glenn Reese has been duly elected as a member of the State Senate from Senatorial District No. 11 for a term as prescribed by law.

Very truly yours,
Jim Miles
Secretary of State

TO: The Honorable Nick A. Theodore
FROM: Senator Frank Gilbert
RE: Senate Committee and desk assignment

January 16, 1991

I have asked Senator Hugh Leatherman to request a leave of absence on my behalf today as I must attend a previously scheduled meeting in Florence relative to economic development in Florence County.

Should the Senate take up the matter of committee assignments, if either of the two following choices are available, I would like to drop Corrections and Penology. I would like to add the Judiciary Committee as a first choice. If there is no vacancy on Judiciary, I would like to add the Finance Committee.

As to my Senate desk assignment, I would like to remain at my current desk.

Thank you for your help in this matter.

December 17, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

The House and Senate members are cordially invited to attend a legislative luncheon at 12:30 P.M., January 23, 1991, at the Columbia Marriott. The annual Senior's Legislative Day participants are looking forward to discussing their concerns with their legislators.

The "1991 Legislator of the Year" will be announced and introduced at this time.

All members should respond to Beth Mitchell, Joint Legislative Committee on Aging, at 734-2995 before January 15, 1991.

You are encouraged to attend this annual event.

Sincerely,
Herman Allen, Chairman
Senior's Legislative Day
Planning Committee

Referred to the Committee on Invitations.

December 14, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

The Greater Columbia Teen Pregnancy Prevention Council and the Teen Pregnancy Reduction Network are sponsoring a Legislative Awareness Day on February 13, 1991. A reception in honor of the Legislators will be held from 11:30 A.M. to 1:30 P.M. in the first floor lobby of the State House. We respectfully request that this be recorded on the Senate Calendar.

I look forward to seeing you then.

Sincerely,
Joy Perry, Chairman
Public Affairs Committee
Greater Columbia Teen
Pregnancy Prevention Council

Referred to Committee on Invitations.

January 14, 1991

The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

The State Interagency Coordinating Council for Public Law 99-457 will host a BabyNet Drop-In for members of the Senate, House of Representatives, and staff on Wednesday, February 20, 1991, from 9:00 A.M. - 10:30 A.M. in Room 208 of the Solomon Blatt Building.

Please include this activity on your calendar for February 20th.

Sincerely,
Anne Elliott, Chair
State Interagency Coordinating Council for PL 99-457

Referred to Committee on Invitations.

January 7, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

The Friends, Trustees and Librarians of South Carolina libraries will be having our annual legislative day on March 6, 1991. All House and Senate members are invited to attend.

Lunch will begin at 12:30 at the Radisson, with a speaker and program to follow. Please put this invitation on the Senate Calendar as an open invitation. If you have any questions or concerns, please do not hesitate to contact me.
Thank you for your time.
Virginia Nilles, President

Referred to the Committee on Invitations.

January 15, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

Carolinas AGC, the construction industry association, is pleased to invite the members of the Senate to our annual Legislative Reception to be held Tuesday, March 12, 1991, from 6:00 until 8:00 P.M., at the Columbia Embassy Suites Hotel.

Formal invitations will be placed on the Senators' desks on February 28th. The invitations will include a card requesting the names of attendees, spouses and invited guests (staff).

We look forward to another enjoyable reception and we wish you all great success for 1991.

Sincerely,
Michael D. Covington
SC Director,
Highway-Heavy Division

Referred to the Committee on Invitations

January 8, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

Please accept this letter as a formal invitation to the South Carolina Senate to attend a reception hosted by the South Carolina Medical Association. The reception will be on Wednesday, March 20, 1991, from 6:30 P.M. to 9:00 P.M. at the Capital City Club.

Sincerely,
William F. Mahon
Executive Vice President

Referred to the Committee on Invitations.

On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.

On motion of Senator LEATHERMAN, Senator GILBERT was granted a leave of absence for today.

Senator POPE asked and was granted a leave of absence from 3:20 P.M. for the remainder of the day.

On motion of Senator LOURIE, Senator LEVENTIS was granted a leave of absence for today.

The following were introduced:

S. 478 -- Invitations Committee: A SENATE RESOLUTION TO EXTEND THE PRIVILEGE OF THE CHAMBER BEHIND THE RAIL TO GAYLORD PERRY ON THURSDAY, JANUARY 17, 1991.
Be it resolved by the Senate:

That the privilege of the Chamber to that area behind the rail is extended to Gaylord Perry on Thursday, January 17, 1991.

On motion of Senator MOORE, with unanimous consent, the Senate Resolution was ordered placed on the Calendar for consideration tomorrow.

S. 479 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION DIRECTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR THE CERTIFICATION OF LABORATORY AND RADIOLOGICAL TECHNICIANS.

Whereas, the South Carolina Legislative Joint Committee on Insurance has undertaken a study of the factors that contribute to the rising cost of health care; and

Whereas, one finding of the committee is that there presently is an insufficient number of certified laboratory technicians and radiological technicians to meet current demand; and

Whereas, the shortage of certified technicians is an acute problem in the rural areas of South Carolina. Now, therefore,

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

That the South Carolina Department of Health and Environmental Control is directed to promulgate regulations in accordance with its rule making authority allowing for the certification of individuals, based on a course of education, training, and other relevant standards prescribed by the department, to act as both laboratory technicians and radiological technicians at the same institution.

Referred to the Committee on Medical Affairs.

S. 480 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.

Whereas, the 1974 Federal Employee Retirement Income Security Act subjects "insured" health care plans to state regulation while exempting "self-funded" health care plans; and

Whereas, the preemption provision of this federal act prevents the General Assembly from enacting laws to protect participants of "self-funded" plans who may not be protected adequately under the limited federal standards; and

Whereas, the lack of state regulation places participants of "self-funded" health care plans at a greater risk than those enrolled in "insured" plans. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina memorialize Congress to correct the disparate treatment of "insured" and "self-funded" health care benefits by permitting state regulation of "self-funded" health care plans.

Be it further resolved that a copy of this resolution be forwarded to the members of this state's congressional delegation.

Referred to the Committee on Medical Affairs.

S. 481 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.

Whereas, there is a shortage of nursing home beds to meet the need of our citizens requiring long-term care; and

Whereas, to help meet this need some hospitals are converting portions of their facilities to nursing homes or utilizing the swing bed program; and

Whereas, hospital standards concerning certain nursing requirements and bed requirements are more stringent than nursing home standards; and

Whereas, the application of hospital standards to hospital-based nursing homes is more costly than applying nursing home standards and is not required to comply with federal law; and

Whereas, it would be beneficial to the overall reduction of health care costs in South Carolina to modify hospital-based nursing home standards. Now, therefore,

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

That the South Carolina Department of Health and Environmental Control is recommended to amend its nursing home regulations to create a new set of staffing standards for distinct part or hospital-based nursing homes utilizing nursing hours a patient day instead of the nurses' nursing station and bed capacity standard that currently exists to include the following:

(1) A registered nurse must be on duty for at least eight consecutive hours a day, seven days a week. This minimum is required by OBRA-1987 (not tied to bed capacity).

(2) The nursing facility will provide licensed nurses on a twenty-four hour basis, in any RN and LPN combination (not allocated to station but to total facility).

(3) The number of total nursing personnel (including aides, orderlies, and licensed nurses) on duty in addition to the Director of Nursing during a twenty-four hour period shall provide at least two and one-tenth hours of care a patient day. Increments of additional staff will be required only when FTE calculation exceeds fifty percent of a FTE adjustment.

(4) Allocations of staff by shift must be evaluated by the Director of Nursing to assure that residents' health, safety, and personal care needs are met.

Referred to the Committee on Medical Affairs.

S. 482 -- Senator Macaulay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF COLONEL JULIAN WALTER DAVIS, SR., OF OCONEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

S. 483 -- Senators Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON COMPOSITE SQUADRON OF THE CIVIL AIR PATROL UPON BEING SELECTED AS THE TOP SQUADRON IN THE NATION FOR 1989.

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

S. 484 -- Senators Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON HIGH SCHOOL BAND FOR WINNING THE STATE MARCHING BANDS COMPETITION FOR THE SECOND YEAR IN A ROW.

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

S. 485 -- Invitations Committee: A SENATE RESOLUTION TO MANDATE THAT THE SENATE CHAMBER BE USED FOR SENATE BUSINESS ONLY AS OF JANUARY 21, 1991.

Whereas, the Senate Invitations Committee has determined that it is of great importance to preserve, protect, and respect the Senate Chamber; and

Whereas, unfortunately, there have been incidents in the Senate Chamber that have raised concerns over the propriety of allowing use of the chamber by outside groups and organizations; and

Whereas, the Senate Invitations Committee voted on January 15, 1991, to restrict the use of the Senate Chamber to Senate matters. Now, therefore,

Be it resolved by the Senate:

That the use of the Senate Chamber be restricted as of January 21, 1991, to statewide sessions of the Senate, to use by the committees of the Senate as the Senate by resolution may authorize, or to such incidental use by individuals or tour groups as may be authorized by the Clerk of the Senate.

Senator MOORE spoke on the Resolution.

On motion of Senator MOORE, the Resolution was ordered placed on the Calendar for consideration tomorrow.

S. 486 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1230 SO AS TO PROVIDE THAT AN EMPLOYEE WITH A MINIMUM OF FIVE YEARS SERVICE WHO HAS CONTRIBUTED TO THE SOUTH CAROLINA RETIREMENT SYSTEM MAY BORROW UP TO FIFTY PERCENT OF HIS CONTRIBUTIONS AND TO PROVIDE FOR TERMS OF REPAYMENT OF THE LOAN.

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

S. 487 -- Senator Washington: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST TWENTY-FIVE THOUSAND DOLLARS BEGINNING WITH THE 1991 TAX YEAR.

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

S. 488 -- Senator Washington: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST THIRTY THOUSAND DOLLARS BEGINNING WITH THE 1991 TAX YEAR.

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

S. 489 -- Senator Washington: A BILL TO AMEND SECTION 12-43-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX REASSESSMENT NOTICES AND APPEALS, SO AS TO EXTEND THE TIME FOR FILING APPEALS IN REASSESSMENT YEARS FROM WITHIN THIRTY DAYS OF THE DATE OF THE MAILING OF THE REASSESSMENT NOTICE TO JANUARY FIFTEENTH NEXT SUCCEEDING THE MAILING OF THE NOTICE.

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

S. 490 -- Senators McConnell and Martschink: A JOINT RESOLUTION TO ALTER THE COUNTY LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF BERKELEY COUNTY TO CHARLESTON COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

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

S. 491 -- Senator Bryan: A BILL TO AMEND CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-626, SO AS TO LIMIT THE CAMPAIGN EXPENDITURES OF A CANDIDATE FOR PUBLIC OFFICE.

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

S. 492 -- Senators Courson, Martschink, Matthews, Pope, Rose, J. Verne Smith and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 IN TITLE 7 SO AS TO ENACT THE SOUTH CAROLINA CODE OF FAIR CAMPAIGN PRACTICES, TO PROVIDE FOR ITS ENFORCEMENT BY THE STATE ELECTION COMMISSION, AND TO PROVIDE PENALTIES.

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

S. 493 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 44-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM, SO AS TO PROVIDE FOR CERTAIN EXCEPTIONS TO COST CONTAINMENT INCENTIVES AND TO FURTHER PROVIDE FOR ALLOWABLE PAYMENTS.

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

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENTS LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

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

S. 495 -- Senator Bryan: A BILL TO AMEND ACT 1839 OF 1972 TO CHANGE THE NAME OF THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES TO THE PIEDMONT PUBLIC SERVICE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES.

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

On motion of Senator BRYAN, S. 495 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 496 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 389 OF 1955, AS AMENDED, RELATING TO THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT IN ANDERSON AND GREENVILLE COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO OWN AND OPERATE RECREATIONAL FACILITIES AND TO LIMIT THE EXPENDITURE OF TAX REVENUES OF THE DISTRICT WITH RESPECT TO RECREATIONAL NEEDS.

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

H. 3212 -- Reps. J. Harris and Burch: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STAFF OF THE CHESTERFIELD COUNTY OFFICE OF THE SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES ON BEING AWARDED THE THIRD ANNUAL EXECUTIVE DIRECTOR'S OFFICE EXCELLENCE AWARD.

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

Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendments report on:

S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.

Ordered for consideration tomorrow.

Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:

S. 91 -- Senators McConnell, Giese and Wilson: A BILL TO AMEND SECTION 11-35-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF PURCHASES OF FURNITURE, FLOOR AND WALL COVERINGS, AND DECORATIVE AND ORNAMENTAL ITEMS BY A GOVERNMENTAL BODY, SO AS TO INCLUDE EQUIPMENT AND OFFICES OF AN EMPLOYEE WITH DUTIES AND RESPONSIBILITIES SIMILAR TO AN AGENCY DIRECTOR OR ASSISTANT AGENCY DIRECTOR UNDER THE REPORTING REQUIREMENTS.

Ordered for consideration tomorrow.

Senator SALEEBY, from the Committee on Judiciary, submitted a favorable with amendments report on:

S. 120 -- Senators Martschink and Wilson: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEER IN THE DEFINITION OF EMPLOYEE; AND SECTION 33-55-210, RELATING TO THE RECOVERY FOR TORTS AGAINST CHARITABLE ORGANIZATIONS AND LICENSED HEALTH CARE PROVIDERS, SO AS TO INCLUDE NONPROFIT AS WELL AS CHARITABLE ORGANIZATIONS.

Ordered for consideration tomorrow.

Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:

S. 187 -- Senator McConnell: 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.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Rules, submitted a favorable with amendments report on:

S. 218 -- Senators Lourie, Giese, Wilson and Martschink: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO PROHIBIT BILLS AND RESOLUTIONS FROM BEING POLLED OUT OF A COMMITTEE EXCEPT UPON A FAVORABLE MAJORITY VOTE OF THE ENTIRE MEMBERSHIP OF THE COMMITTEE AND TO PROVIDE FOR RECORDKEEPING OF SUCH POLLS.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Rules, submitted a favorable report on:

S. 224 -- Senators Rose and McConnell: A SENATE RESOLUTION TO AMEND RULE 4 OF THE RULES OF THE SENATE, RELATING TO THE SENATE JOURNAL, SO AS TO REQUIRE THAT AN ASTERISK BE PLACED IN THE JOURNAL BESIDE THE NAME OF A SENATOR REPORTED AS VOTING ON A QUESTION WHO WAS NOT PRESENT WHEN THE VOTE WAS TAKEN BY THE SENATE, AND TO REQUIRE THE INCLUSION OF A NOTATION EXPLAINING THE SIGNIFICANCE OF PLACING THE ASTERISK BESIDE A SENATOR'S NAME UNDER THESE CIRCUMSTANCES.

Ordered for consideration tomorrow.

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

S. 231 -- Senator Pope: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.

Ordered for consideration tomorrow.

The PRESIDENT recognized Senator GLENN G. REESE, the newly-elected Senator from Spartanburg County, District 11, who was escorted to the Desk along with members of his family.

Senator HORACE C. SMITH welcomed Senator REESE to the Senate.

On motion of Senator HORACE C. SMITH, with unanimous consent, Senator GLENN G. REESE presented himself at the Bar and the oath of office was administered to him by the PRESIDENT.

Senator REESE, with unanimous consent, was granted leave to address brief remarks to the body.

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

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

S. 151 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.

S. 444 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 7 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO QUESTIONS OF ORDER IN THE SENATE, SO AS TO REQUIRE THE PRESIDING OFFICER TO MAINTAIN ORDER IN THE SENATE CHAMBER AND GALLERY IF A VISITOR CREATES A DISTURBANCE.

The Senate Resolution was adopted.

S. 445 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 5 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE DETERMINATION OF WHEN A SENATOR HAS THE FLOOR, SO AS TO REQUIRE A SENATOR DESIRING TO SPEAK TO RISE AND ADDRESS THE PRESIDENT AND TO PROVIDE THAT THE SENATOR DESIRING TO SPEAK MAY NOT PROCEED UNTIL HE IS RECOGNIZED BY THE PRESIDENT.

Senator STILWELL explained the Resolution.

Senator McCONNELL objected to further consideration of the Resolution.

H. 3188 -- Rep. Wilkins: A BILL TO AMEND ACT 1329 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE GREENVILLE COUNTY RECREATION DISTRICT, SO AS TO CHANGE THE FISCAL YEAR OF THE DISTRICT FROM THE YEAR USED BY GREENVILLE COUNTY TO A FISCAL YEAR BEGINNING JANUARY FIRST AND ENDING DECEMBER THIRTY-FIRST.

(On motion of Senator J. VERNE SMITH, carried over)

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

Senator MARTIN moved that the Senate proceed with the selection of desks, calling the Roll of Seniority, which was agreed to.

Desk 1 Sen. Waddell

Desk 2 Sen. Williams

Desk 3 Sen. H.C. Smith

Desk 4 Sen. Bryan

Desk 5 Sen. Setzler

Desk 6 Sen. Lourie

Desk 7 Sen. Saleeby

Desk 8 Sen. Land

Desk 9 Sen. Fielding

Desk 10 Sen. Giese

Desk 11 Sen. Thomas

Desk 12 Sen. Lee

Desk 13 Sen. Hayes

Desk 14 Sen. O'Dell

Desk 15 Sen. Matthews

Desk 16 Sen. Patterson

Desk 17 Sen. Pope

Desk 18 Sen. Russell

Desk 19 Sen. Wilson

Desk 20 Sen. Courson

Desk 21 Sen. Stilwell

Desk 22 Sen. Helmly

Desk 23 Sen. Passailaigue

Desk 24 Sen. Drummond

Desk 25 Sen. Martin

Desk 26 Sen. Leventis

Desk 27 Sen. Peeler

Desk 28 Sen. McConnell

Desk 29 Sen. Leatherman

Desk 30 Sen. J. V. Smith

Desk 31 Sen. Moore

Desk 32 Sen. McLeod

Desk 33 Sen. Holland

Desk 34 Sen. Hinson

Desk 35 Sen. McGill

Desk 36 Sen. N. W. Smith

Desk 37 Sen. Gilbert

Desk 38 Sen. Hinds

Desk 39 Sen. Long

Desk 40 Sen. Shealy

Desk 41 Sen. Martschink

Desk 42 Sen. Reese

Desk 43 Sen. Mullinax

Desk 44 Sen. Macaulay

Desk 45 Sen. Mitchell

Desk 46 Sen. Rose

Senator MARTIN moved that the Senate proceed to the selection and filling of vacancies on the several committees and that the Senate proceed in the following fashion: The Reading Clerk will call the Roll of Seniority, and upon a member's name being called, he or she will indicate at that time any change from current assignments if a vacancy exists on a committee that they wish to select. If, at any time during the call of the roll, a vacancy occurs by virtue of a member leaving a committee then, at that time, all members senior to the member who has created the vacancy by his leaving shall have first option to select the vacancy before the next member on the Seniority Roll is called.

Senator PASSAILAIGUE spoke on the motion.

Senator THOMAS spoke on the motion.

Senator HINDS spoke on the motion.

Senator ROSE spoke on the motion.

The motion was adopted.

The Senate proceeded to the selection and filling of vacancies on the committees as follows:

Land, John C., III, Chairman

Setzler, Nikki

Leventis, Phil

Peeler, Harvey S., Jr.

Drummond, John

Long, J.M., Jr.

Matthews, John W., Jr.

Pope, Thomas H., III

Lourie, Isadore E.

Gilbert, Frank

Hinds, Douglas L.

McGill, Yancey

Mullinax, Mike

O'Dell, William H.

Passailaigue, Ernie

Rose, Michael T.

Courson, John

Washington, McKinley, Jr.

Martin, John A., Chariman

Williams, Marshall B.

Smith, Horace C.

Saleeby, Edward E.

Leatherman, Hugh K.

Leventis, Phil

Macaulay, Alexander S.

McConnell, Glenn F.

Moore, Thomas L.

Peeler, Harvey S., Jr.

Setzler, Nikki

Shealy, Ryan C.

Fielding, Herbert U.

Hinson, Caldwell T. "Red"

Courson, John

Giese, Warren K.

Mitchell, Theo W.

Matthews, John W., Jr.

Smith, Horace C., Chairman

Holland, Donald H.

Land, John C., III

Mitchell, Theo W.

Thomas, David L.

Bryan, James E., Jr.

Giese, Warren K.

Shealy, Ryan C.

Hayes, John C., III

Long, J. M., Jr.

O'Dell, William H.

Passailaigue, Ernie

Rose, Michael T.

Mullinax, Mike

Saleeby, Edward E.

Reese, Glenn G.

Setzler, Nikki, Chairman

Saleeby, Edward E.

Macaulay, Alexander S.

Smith, Nell W.

Bryan, James E., Jr.

Giese, Warren K.

Hayes, John C., III

Matthews, John W., Jr.

Pope, Thomas H., III

Wilson, Joe

Patterson, Kay

Courson, John

Stilwell, Sam

Martschink, Sherry

Russell, John R.

Gilbert, Frank

Helmly, Robert L.

Leatherman, Hugh K.

Saleeby, Edward E., Chairman

Williams, Marshall B.

Lourie, Isadore E.

Land, John C., III

Leventis, Phil

Smith, Horace C.

Waddell, James M., Jr., Chairman

Drummond, John

Smith, Horace C.

Smith, J. Verne

Land, John C., III

Setzler, Nikki

Leatherman, Hugh K.

Leventis, Phil

Macaulay, Alexander S.

Peeler, Harvey S., Jr.

Shealy, Ryan C.

Smith, Nell W.

Fielding, Herbert U.

Giese, Warren K.

Hinson, Caldwell T. "Red"

Thomas, David L.

Martschink, Sherry

Gilbert, Frank

Drummond, John, Chairman

Waddell, James M., Jr.

Holland, Donald H.

Land, John C., III

Peeler, Harvey S., Jr.

Fielding, Herbert U.

Shealy, Ryan C.

Martschink, Sherry

Long, J. M., Jr.

Helmly, Robert L.

McGill, Yancey

Mullinax, Mike

O'Dell, William H.

Passailaigue, Ernie

Rose, Michael T.

Williams, Marshall B.

Washington, McKinley, Jr.

Reese, Glenn G.

Holland, Donald H., Chairman

Moore, Thomas L.

Thomas, David L.

Wilson, Joe

Stilwell, Sam

Fielding, Herbert U.

Hinson, Caldwell T. "Red"

Hinds, Douglas L.

McGill, Yancey

Mullinax, Mike

O'Dell, William H.

Passailaigue, Ernie

Rose, Michael T.

Washington, McKinley, Jr.

Smith, J. Verne

Reese, Glenn G.

Williams, Marshall B., Chairman

Waddell, James M., Jr.

Martin, John A.

Drummond, John

Smith, Horace C.

Moore, Thomas L., Chairman

Setzler, Nikki

Courson, John

Fielding, Herbert U.

Peeler, Harvey S., Jr.

McConnell, Glenn F.

Leatherman, Hugh K.

Smith, Nell W.

Bryan, James E., Jr.

Wilson, Joe

Williams, Marshall B., Chairman

Martin, John A.

Holland, Donald H.

Lourie, Isadore E.

Saleeby, Edward E.

McConnell, Glenn F.

Bryan, James E., Jr.

Courson, John

Hayes, John C., III

Mitchell, Theo W.

Pope, Thomas H., III

Long, J. M., Jr.

Matthews, John W., Jr.

Wilson, Joe

Patterson, Kay

Stilwell, Sam

Moore, Thomas L.

Russell, John R.

Smith, J. Verne, Chairman

Drummond, John

Saleeby, Edward E.

Setzler, Nikki

Lourie, Isadore E.

Leventis, Phil

McConnell, Glenn F.

Moore, Thomas L.

Leatherman, Hugh K.

Fielding, Herbert U.

Hayes, John C., III

Matthews, John W., Jr.

Stilwell, Sam

Smith, Nell W.

Patterson, Kay

Gilbert, Frank

Helmly, Robert L.

Hinds, Douglas L.

Macaulay, Alexander S., Chairman

Smith, J. Verne

Moore, Thomas L.

Peeler, Harvey S., Jr.

Smith, Nell W.

Bryan, James E., Jr.

Courson, John

Giese, Warren K.

Hayes, John C., III

Hinson, Caldwell T. "Red"

Mitchell, Theo W.

Thomas, David L.

Wilson, Joe

Patterson, Kay

Russell, John R.

Helmly, Robert L.

Hinds, Douglas L.

Washington, McKinley, Jr.

Smith, Nell W., Chairman

Martin, John A.

Smith, J. Verne

Lourie, Isadore E.

Holland, Donald H.

Waddell, James M., Jr.

Williams, Marshall B.

McConnell, Glenn F.

Drummond, John

Stilwell, Sam

Macaulay, Alexander S.

Bryan, James E., Jr.

Pope, Thomas H., III

Mullinax, Mike

Shealy, Ryan C.

Martschink, Sherry

Washington, McKinley, Jr.

Reese, Glenn G.

Lourie, Isadore E., Chairman

Waddell, James M., Jr.

Land, John C., III

Leatherman, Hugh K.

Leventis, Phil

McConnell, Glenn F.

Martin, John A.

Hinson, Caldwell T. "Red"

Long, J. M., Jr.

Mitchell, Theo W.

Wilson, Joe

Thomas, David L.

Pope, Thomas H., III

Martschink, Sherry

Russell, John R.

Hinds, Douglas L.

Patterson, Kay

McGill, Yancey

BRYAN, JAMES E., JR.

Corrections and Penology

Education

Invitations

Judiciary

Medical Affairs

Rules

COURSON, JOHN

Agriculture and Natural Resources

Banking and Insurance

Education

Invitations

Judiciary

Medical Affairs

DRUMMOND, JOHN

Agriculture and Natural Resources

Finance

Fish, Game and Forestry, Chairman

Interstate Cooperation

Labor, Commerce and Industry

Rules

FIELDING, HERBERT U.

Banking and Insurance

Finance

Fish, Game and Forestry

General Committee

Invitations

Labor, Commerce and Industry

GIESE, WARREN K.

Banking and Insurance

Corrections and Penology

Education

Finance

Medical Affairs

GILBERT, FRANK

Agriculture and Natural Resources

Education

Finance

Labor, Commerce and Industry

HAYES, JOHN C., III

Corrections and Penology

Education

Judiciary

Labor, Commerce and Industry

Medical Affairs

HELMLY, ROBERT L.

Education

Fish, Game and Forestry

Labor, Commerce and Industry

Medical Affairs

HINDS, DOUGLAS L.

Agriculture and Natural Resources

General

Labor, Commerce and Industry

Medical Affairs

Transportation

HINSON, CALDWELL T. "Red"

Banking and Insurance

Finance

General

Medical Affairs

Transportation

HOLLAND, DONALD H.

Corrections and Penology

Fish, Game and Forestry

General Committee, Chairman

Judiciary

Rules

LAND, JOHN C., III

Agriculture and Natural Resources, Chairman

Corrections and Penology

Ethics

Finance

Fish, Game and Forestry

Transportation

LEATHERMAN, HUGH K.

Banking and Insurance

Education

Finance

Invitations

Labor, Commerce and Industry

Transportation

LEVENTIS, PHIL

Agriculture and Natural Resources

Banking and Insurance

Ethics

Finance

Labor, Commerce and Industry

Transportation

LONG, J.M., JR.

Agriculture and Natural Resources

Corrections and Penology

Fish, Game and Forestry

Judiciary

Transportation

LOURIE, ISADORE E.

Agriculture and Natural Resources

Ethics

Judiciary

Labor, Commerce and Industry

Rules

Transportation, Chairman

MACAULAY, ALEXANDER S.

Banking and Insurance

Education

Finance

Medical Affairs, Chairman

Rules

MARTIN, JOHN A.

Banking and Insurance, Chairman

Interstate Cooperation

Judiciary

Rules

Transportation

MARTSCHINK, SHERRY

Education

Finance

Fish, Game and Forestry

Rules

Transportation

MATTHEWS, JOHN W., JR.

Agriculture and Natural Resources

Banking and Insurance

Education

Judiciary

Labor, Commerce and Industry

MCCONNELL, GLENN F.

Banking and Insurance

Invitations

Judiciary

Labor, Commerce and Industry

Rules

Transportation

MCGILL, YANCEY

Agriculture and Natural Resources

Fish, Game and Forestry

General

Transportation

MITCHELL, THEO W.

Banking and Insurance

Corrections and Penology

Judiciary

Medical Affairs

Transportation

MOORE, THOMAS L.

Banking and Insurance

General

Invitations, Chairman

Judiciary

Labor, Commerce and Industry

Medical Affairs

MULLINAX, MIKE

Agriculture and Natural Resources

Corrections and Penology

Fish, Game and Forestry

General

Rules

O'DELL, WILLIAM H.

Agriculture and Natural Resources

Corrections and Penology

Fish, Game and Forestry

General

PASSAILAIGUE, ERNIE

Agriculture and Natural Resources

Corrections and Penology

Fish, Game and Forestry

General

PATTERSON, KAY

Education

Judiciary

Labor, Commerce and Industry

Medical Affairs

Transportation

PEELER, HARVEY S., JR.

Agriculture and Natural Resources

Banking and Insurance

Finance

Fish, Game and Forestry

Invitations

Medical Affairs

POPE, THOMAS H., III

Agriculture and Natural Resources

Education

Judiciary

Rules

Transportation

REESE, GLENN G.

Corrections and Penology

Fish, Game and Forestry

General

Rules

ROSE, MICHAEL T.

Agriculture and Natural Resources

Corrections and Penology

Fish, Game and Forestry

General

RUSSELL, JOHN R.

Education

Judiciary

Medical Affairs

Transportation

SALEEBY, EDWARD E.

Banking and Insurance

Corrections and Penology

Education

Ethics, Chairman

Judiciary

Labor, Commerce and Industry

SETZLER, NIKKI

Agriculture and Natural Resources

Banking and Insurance

Education, Chairman

Finance

Invitations

Labor, Commerce and Industry

SHEALY, RYAN C.

Banking and Insurance

Corrections and Penology

Finance

Fish, Game and Forestry

Rules

SMITH, HORACE C.

Banking and Insurance

Corrections and Penology, Chairman

Ethics

Finance

Interstate Cooperation

SMITH, J. VERNE

Finance

General

Labor, Commerce and Industry, Chairman

Medical Affairs

Rules

SMITH, NELL W.

Education

Finance

Invitations

Labor, Commerce and Industry

Medical Affairs

Rules, Chairman

STILWELL, SAM

Education

General

Judiciary

Labor, Commerce and Industry

Rules

THOMAS, DAVID L.

Corrections and Penology

Finance

General

Medical Affairs

Transportation

WADDELL, JAMES M., JR.

Finance, Chairman

Fish, Game and Forestry

Interstate Cooperation

Rules

Transportation

WASHINGTON, McKINLEY, JR.

Agriculture and Natural Resources

Fish, Game and Forestry

General

Medical Affairs

Rules

WILLIAMS, MARSHALL B.

Banking and Insurance

Ethics

Fish, Game and Forestry

Interstate Cooperation, Chairman

Judiciary, Chairman

Rules

WILSON, JOE

Education

General

Invitations

Judiciary

Medical Affairs

Transportation

The committee assignments hereinabove listed were ordered changed in accordance with the following unanimous consent motions:

On motion of Senator HORACE C. SMITH, with unanimous consent, the Senator dropped the Committee on Rules and Senator REESE added the Committee on Rules.

On motion of Senator RUSSELL, with unanimous consent, the Senator dropped the Committee on Fish, Game and Forestry, and Senator REESE added the Committee on Fish, Game and Forestry.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Senator added the General Committee.

On motion of Senator PATTERSON, with unanimous consent, the Senator dropped the Committee on Rules, and Senator WASHINGTON added the Committee on Rules.

Senator WILLIAMS moved that Senator MARTIN be nominated as Chairman of the Committee on Banking and Insurance.

Senator WADDELL seconded the nomination and moved that the nominations be closed and that Senator MARTIN be elected by acclamation.

Senator MARTIN was elected Chairman of the Committee on Banking and Insurance by acclamation.

Senator MARTIN moved that Senator NELL W. SMITH be nominated as Chairman of the Committee on Rules.

Senator WILLIAMS seconded the nomination and moved that the nominations be closed.

Senator LONG moved that Senator NELL W. SMITH be elected by acclamation.

Senator NELL W. SMITH was elected Chairman of the Committee on Rules by acclamation.

The PRESIDENT appointed Senators J. VERNE SMITH, MATTHEWS, MARTSCHINK and HINDS to escort the Governor and his party to the rostrum at the Joint Assembly this evening.

At 3:47 P.M., on motion of Senator WADDELL, the Senate receded from business until 6:45 P.M.

The Senate reassembled at 6:45 P.M. and was called to order by the PRESIDENT.

At 7:00 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the Concurrent Resolution:

H. 3160 -- Reps. Sheheen, T.C. Alexander, Beasley, Bennett, Boan, Carnell, Foster, Hayes, Mattos, McTeer, Waldrop and Wilkins: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 16, 1991.

The Honorable Carroll A. Campbell, Jr., and members of his party were escorted to the rostrum by Senators J. VERNE SMITH, MATTHEWS, MARTSCHINK and HINDS and Representatives Haskins, McElveen, White and Boan.

The PRESIDENT of the Senate introduced The Honorable Carroll A. Campbell, Jr., Governor of the State of South Carolina.

Governor Campbell addressed the Joint Assembly:

"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly, my fellow South Carolinians... Tonight was to have been the time to give a State of the State address to the people of South Carolina and to the General Assembly. There, however, is much greater business at hand for America. America is at war. And it is not the time for the smaller problems of South Carolina to be discussed. It is a time for all of us to stand behind our men and women in uniform. Three of our colleagues have been called to service. Senator Phil Leventis, Representative Jim Harrison and Senator Mike Mullinax has been called up, though he is not in the Middle East. Let us remember them. Let us stand united behind America. I expect the President of the United States to address the nation sometime tonight. God bless America."

The purpose of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 7:07 P.M., on prior motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 12:00 Noon.

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