South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Tuesday, February 12, 1991

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 of advice of St. Paul to young Timothy (11 Tim. 2:5):

"And if a man also strive for masteries,

Yet he is not crowned, except he strive

lawfully."

Phillips paraphrases this passage in these words: "A man who enters an athletic contest wins no prize unless he keep the rules laid down."
Let us pray.

Heavenly Father, give us the fundamental understanding that no worthwhile purpose involving character can be achieved without self discipline.

May we so discipline our minds and our wills to know that government at its best must seek the best for the governed... and that sooner or later the sheep will know and love the true shepherd of their needs.

Teach us the rules of life, and help us to live by them... remembering not only the letter of the Law, but also the Spirit of the Law.

Amen.

Point Of Quorum

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call Of The Senate

Senator J. VERNE SMITH moved that a call of the Senate be made. The following Senators answered the call:
Bryan Drummond Fielding
Giese Gilbert Hayes
Helmly Hinds Hinson
Holland Land Leatherman
Long Lourie Macaulay
Martschink Matthews McConnell
McGill Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Williams Wilson

The Senate resumed.

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

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

February 7, 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.

Statewide Appointment

Appointment, Member, South Carolina State Fire Commission, for the remainder of a term expiring January 15, 1991, and a full term to expire January 15, 1995:

2nd Congressional District - Volunteer:

Mr. Walter Lee Safley, 125 Seven Drive, Chapin, S.C. 29036 Vice Steven G. Newsome (resigned)

Referred to the Committee on Labor, Commerce and Industry.

INVITATION RECEIVED

SOUTH CAROLINA WOMEN INVOLVED IN FARM ECONOMICS

February 4, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

South Carolina Women Involved in Farm Economics (WIFE) would like to invite members of the Senate to a finger food breakfast in the main lobby of the State House on Thursday, March 21, 1991, in celebration of the arrival of spring, which is National Agriculture Day. The time is 9:00 A.M. to 11:00 A.M.

Yours truly,
Polly Marsh, President
S.C. WIFE

Referred to the Committee on Invitations.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1367
Promulgated By State Board of Cosmetology
Guidelines For Operation Of Cosmetology Schools And Programs In Public Schools
Received By Lt. Governor February 11, 1991
Referred to Senate General Committee
120 day review expiration date June 11, 1991

Document No. 1369
Promulgated By State Board of Architectural Examiners
Practice Of Architecture
Received By Lt. Governor February 11, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date June 11, 1991

Doctor Of The Day

Senator MATTHEWS introduced Dr. Monnieque Singleton of Ehrhardt, S.C., Doctor of the Day.

Leave Of Absence

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

Leave Of Absence

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

RETURNED TO THE HOUSE

S. 206 -- Senator Setzler: A BILL TO AMEND SECTION 12-31-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS OPERATING MOTOR VEHICLES IN THIS STATE FOR PURPOSES OF THE ROAD TAX, SO AS TO REDUCE FROM FIFTY-FIVE PERCENT TO THIRTY PERCENT THE AMOUNT OF THE ANNUAL REGISTRATION FEE CREDITED TO THE STATE HIGHWAY FUND.

The Senate has determined that in applying the provisions of Article III, Section 15 of the Constitution, the House has misconstrued the substance of S. 206 and was in error in ruling the Bill out of order. Therefore, the Bill is returned to the House.

Point Of Personal Privilege

Senator DRUMMOND rose to a Point of Personal Privilege.

HOUSE CONCURRENCE

S. 625 -- Senators Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIE DUBERRY OF SUMMERVILLE ON THE OCCASION OF HIS ONE HUNDRED AND TWENTY-FIRST BIRTHDAY.

Returned with concurrence.

Received as information.

S. 626 -- Senators Drummond, Bryan, Courson, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. MABLE MAUDE GIBSON WADDELL OF BEAUFORT, MOTHER OF OUR DEAR FRIEND AND COLLEAGUE, SENATOR JAMES M. WADDELL, JR., AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 627 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 45.1 OF THE RULES OF THE SENATE, RELATING TO ACTIONS AFFECTING A SENATOR INDICTED FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR AN AUTOMATIC RATHER THAN VOLUNTARY SUSPENSION OF A SENATOR INDICTED FOR CERTAIN CRIMES AND PROVIDE FOR THE SUBSEQUENT AUTOMATIC REMOVAL OF A SENATOR CONVICTED OF THE CRIME GIVING RISE TO THE SUSPENSION.
Be it resolved by the Senate:

That Rule 45.1 of the Senate be amended to read:

"RULE 45.1.

Action to be taken against members; indictment or information, plea of guilty or nolo contendere, or conviction regarding certain crimes; restitution of back pay and restoration to other benefits and privileges of membership

(a) If an indictment or information on a felony or offense against the election laws is filed or returned against a member of the Senate, the member indicted or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.

If the indictment or information is either not prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.

(b) A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a), must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member's term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.

(c) A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member's term, whichever occurs first. If no appeal is taken by the member convicted, or if his appeal is denied, or if the final appellate decision is to sustain the conviction and the member's resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member's expulsion in accordance with Section 12 of Article III of the Constitution of this State.

If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.

(d) The action provided for in subsections (a), (b), and (c) of this rule is in addition to any action provided by law or other Senate rule.

(A) In addition to the actions permitted by Section 8-13-250 of the Code of Laws of South Carolina, 1976, a Senator who, while serving as a Senator, is indicted in a General Sessions Court or a Federal Court for a crime that is a felony, a crime that involves moral turpitude, a crime that has a sentence of two or more years, or a crime that violates election laws, must be suspended by the President Pro Tempore immediately. This suspension will remain in effect until the Senator is acquitted or convicted. In case of conviction, the office must be declared vacant.

(B) If an election for members of the Senate intervenes between the time of the suspension and final conclusion of the indictment, the President shall again suspend him at the beginning of the session. The suspended Senator may not, at any time, participate in the business of the Senate."

Referred to the Committee on Rules.

S. 628 -- Senator Lourie: A CONCURRENT RESOLUTION TO COMMEND RICHLAND MEMORIAL HOSPITAL AND ITS HEART CENTER FOR THE OUTSTANDING CARE IT PROVIDES TO PATIENTS IN THE MIDLANDS REGION AND THROUGHOUT SOUTH CAROLINA WHO SUFFER FROM HEART DISEASE ON THE OCCASION OF NATIONAL HEART MONTH DURING FEBRUARY.

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

S. 629 -- Senator Lourie: A CONCURRENT RESOLUTION TO COMMEND PROVIDENCE HOSPITAL AND THE PROVIDENCE HEART INSTITUTE FOR THE OUTSTANDING CARE PROVIDED TO PATIENTS IN THE MIDLANDS REGION AND THROUGHOUT SOUTH CAROLINA WHO SUFFER FROM HEART DISEASE ON THE OCCASION OF NATIONAL HEART MONTH DURING FEBRUARY.

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

S. 630 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MRS. ABELLE PALMORE NIVENS OF GRANITEVILLE WHO WAS NAMED 1991 OUTSTANDING OLDER AMERICAN BY THE AIKEN AREA COUNCIL ON AGING.

On immediate consideration, the Senate Resolution was adopted.

S. 631 -- Senator Saleeby: A BILL TO REENACT SECTION 38-73-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF UNINSURED MOTORIST PREMIUM; AND TO REPEAL SECTION 56 OF ACT 148 OF 1989 RELATING TO THE REPEAL OF SECTION 38-73-470.

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

S. 632 -- Senators Giese, Setzler, Rose, Gilbert, Hinson, Nell W. Smith, J. Verne Smith, Hayes, Martschink, Leatherman, Peeler, Wilson and Bryan: A BILL TO AMEND CHAPTER 137 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL HANDICAPPED PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS, AND TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL WEIGHTINGS IN REGARD TO PRESCHOOL HANDICAPPED PUPILS.

Senator GIESE spoke on the Bill.

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

S. 633 -- Senator McConnell: A JOINT RESOLUTION TO CREATE A NATURAL HAZARDS SCHOOL BUILDINGS SAFETY IMPROVEMENT STUDY COMMITTEE.

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

S. 634 -- Senator Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED BY THE GENERAL ASSEMBLY OR APPOINTED BY EXECUTIVE AUTHORITY TO A CIVIL OFFICE WITHIN TWO YEARS OF SERVING IN THE GENERAL ASSEMBLY; AND TO AMEND CHAPTER 17 OF TITLE 2, RELATING TO LOBBYISTS AND LOBBYING, AND CHAPTER 13 OF TITLE 8, RELATING TO CAMPAIGN PRACTICES AND DISCLOSURES, ETHICS, AND CONDUCT, SO AS TO ENACT THE ACCOUNTABILITY IN GOVERNMENT ACT WITH PROVISIONS TO REVISE LOBBYING DEFINITIONS, PRACTICES, AND REPORTING, CAMPAIGN, EXPENDITURE, AND CONTRIBUTION PRACTICES AND REPORTING, RULES OF CONDUCT, FINANCIAL DISCLOSURE, AND THE COMPOSITION, AUTHORITY, AND PROCEDURES OF THE STATE ETHICS COMMISSION; AND TO PROVIDE PENALTIES.

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

S. 635 -- Senators Land and Lourie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 SO AS TO ENACT THE HAZARDOUS CHEMICALS RIGHT TO KNOW ACT.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 636 -- Senators Rose and Reese: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESENTATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, WATER RESOURCES COMMISSION, AND THE WILDLIFE AND MARINE RESOURCES COMMISSION.

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

S. 637 -- Senator Reese: A BILL TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INCLUDE ON EVERY MOTOR VEHICLE DRIVER'S LICENSE AND PERSONAL IDENTIFICATION CARD IT ISSUES THE NATIONAL CITIZENSHIP OF THE PERSON TO WHOM THE LICENSE OR CARD IS ISSUED.

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

S. 638 -- Senators Rose and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 41 TO CHAPTER 3 OF TITLE 56, SO AS TO PROVIDE FOR AN ADDITIONAL FEE FOR A SPECIAL OR PERSONALIZED LICENSE PLATE ISSUED BY THE DEPARTMENT OF TRANSPORTATION IF THE COST TO MANUFACTURE SUCH PLATE IS MORE THAN THE ACTUAL ANNUAL FEE COLLECTED BY THE DEPARTMENT.

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

S. 639 -- Fish, Game & Forestry Committee: A BILL TO AMEND CHAPTER 18, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AQUACULTURE, SO AS TO CHANGE THE REFERENCE TO RECIPROCAL HYBRID TO HYBRID, REVISE RELATED DEFINITIONS AND REQUIREMENTS FOR DOCUMENTATION OF THE SALE OR TRANSFER OF HYBRIDS, DELETE THE REFERENCE TO BROOD STOCK AND FINGERLINGS OF STRIPED BASS ORIGINATING OUT OF STATE, REVISE THE REQUIREMENTS PERTAINING TO TRANSPORTING DEVICES USED IN THE AQUACULTURE BUSINESS, PROVIDE FOR PERMITTED INSTEAD OF APPROVED SPECIES, DELETE THE REFERENCES TO TAGGED FISH AND SEALED PRODUCTS, REVISE THE FISH TRANSPORTATION AND LABELING REQUIREMENTS, PROVIDE FOR INSPECTION AND SAMPLING IN FACILITIES WHEN EMPLOYEES ARE PRESENT, AND DELETE THE REQUIREMENT FOR SEALED CONTAINERS CONTAINING TWENTY POUNDS OR LESS OF PRODUCT TO BE LABELED.

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

S. 640 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 10 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1991.

Senator WILLIAMS spoke on the Joint Resolution.

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

Ordered To A Second And Third Reading

On motion of Senator WILLIAMS, with unanimous consent, S. 640, was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 641 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF BARBER EXAMINERS, RELATING TO REQUIREMENTS FOR LICENSING OF COSMETOLOGISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 642 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO PRINCIPLES OF PROFESSIONAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 644 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO MINIMUM REQUIREMENTS FOR CROSSOVER BETWEEN LICENSED COSMETOLOGISTS AND MASTER HAIR CARE SPECIALISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 645 -- Senator Bryan: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1990-91 SCHOOL YEAR, HICKORY TAVERN ELEMENTARY SCHOOL, LOCATED IN LAURENS COUNTY SCHOOL DISTRICT 55, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP AS A RESULT OF A FIRE AND ASBESTOS CONTAMINATION AT THE SCHOOL.

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

H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.

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

H. 3074 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.

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

H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.

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

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

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

H. 3128 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Corning, Huff and McElveen: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT A FINAL FORECAST FOR THE NEXT FISCAL YEAR MUST BE MADE ON JANUARY FIFTEENTH RATHER THAN FEBRUARY FIFTEENTH, TO PROVIDE THAT THIS JANUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

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

H. 3205 -- Reps. M.O. Alexander, T.C. Alexander, Cato, Clyborne, Corning, Burch, D. Elliott, Gentry, Haskins, Hayes, Hodges, Houck, J.W. Johnson, Keegan, Kempe, Keyserling, Kinon, Kirsh, Klapman, Manly, L. Martin, Mattos, McElveen, Rudnick, Stoddard, Waldrop, R. Young, Koon, Boan, Wells, Quinn, Neilson, McLeod, T. Rogers, Hallman, Sturkie, McGinnis, Littlejohn, Baxley, Keesley, McKay, Wofford, L. Elliott, Cromer, Fulmer, Lanford, Altman, J. Williams, Huff, Rama, D. Williams, Wilkes, Cole, Smith, Wilkins, Burriss, Carnell, Waites, Foster, P. Harris, Derrick, J. Harris, Phillips, Farr, J.C. Johnson, White, Sharpe and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.

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

H. 3404 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO SOLICITATION OF LIFE INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO MINIMUM RESERVE STANDARDS FOR INDIVIDUAL AND GROUP ACCIDENT AND HEALTH INSURANCE CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1260, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3432 -- Rep. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.

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

H. 3442 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1346, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3423 -- Reps. McAbee, Carnell and Boan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO DECREASE AND INCREASE AUTHORIZATIONS FOR FACILITIES OF THE DEPARTMENT OF YOUTH SERVICES.

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

H. 3500 -- Rep. Corning: A CONCURRENT RESOLUTION CONGRATULATING MRS. BARBARA JACKSON, FOURTH GRADE TEACHER AT NORTH SPRINGS ELEMENTARY SCHOOL IN RICHLAND COUNTY, UPON BEING SELECTED AS RICHLAND SCHOOL DISTRICT TWO'S TEACHER OF THE YEAR FOR 1990-91.

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

REPORTS OF STANDING COMMITTEE

Invitations Accepted

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

An invitation from the S.C. Association of Auditors, Treasurers and Tax Collectors to attend a reception on Tuesday, February 19, 1991, at the Carolina Plaza Hotel, beginning at 6:00 P.M.

The invitation was accepted.

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

An invitation from the State Interagency Coordinating Council for Public Law 99-457, Office of the Governor, to attend a reception on Wednesday, February 20, 1991, in Room 208 of the Blatt Building, beginning at 9:00 A.M.

The invitation was accepted.

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

An invitation from the S.C. Developmental Disabilities Council, Office of the Governor, to attend the Annual Legislative Awareness Activity on Wednesday, February 20, 1991, in the First Floor Lobby, State House, beginning at 9:00 A.M.

The invitation was accepted.

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

An invitation from the S.C. Association of Counties to attend a reception on Wednesday, February 20, 1991, at the Embassy Suites Hotel, beginning at 6:00 P.M.

The invitation was accepted.

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

An invitation from the Rock Hill Chamber of Commerce to attend the annual "York County Day" reception on Tuesday, February 26, 1991, at the Carolina Plaza Hotel, beginning at 6:00 P.M.

The invitation was accepted.

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

An invitation from the S.C. Association of Realtors to attend a luncheon reception at the Carolina Plaza Hotel on February 27, 1991, immediately upon adjournment.

The invitation was accepted.

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

An invitation from the S.C. Council of Alcohol and Drug Abuse Authorities to attend a reception at the Holiday Inn on Wednesday, February 27, 1991, beginning at 6:00 P.M.

The invitation was accepted.

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

An invitation from the S.C. Association of Probate Judges to attend a reception at the Marriott on Wednesday, February 27, 1991, beginning at 7:00 P.M..

The invitation was accepted.

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

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

S. 421 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

S. 623 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280, RELATING TO THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS SO AS TO PROHIBIT THEIR POSSESSION UNLESS AUTHORIZED, TO PROVIDE PENALTIES FOR POSSESSION OF A DEVICE, AND TO PROVIDE FOR THEIR FORFEITURE.

SECOND READING BILLS

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

S. 422 -- Senator Land: A BILL TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A BARBER TO TRAIN MORE THAN ONE STUDENT IN HIS SHOP AT A TIME UNDER CERTAIN CONDITIONS.

H. 3445 -- Reps. Baxley, Beasley, J. Harris, Kinon and Harwell: A JOINT RESOLUTION REQUIRING A SPECIAL ELECTION TO BE CONDUCTED ON TUESDAY, MARCH 26, 1991, TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES, DISTRICT 54, IN MARLBORO COUNTY.

Ordered To A Third Reading

On motion of Senator SALEEBY, with unanimous consent, H. 3445 was ordered to receive a third reading on Wednesday, February 13, 1991.

ADOPTED

S. 355 -- Senators Nell W. Smith, Hayes, Helmly, Hinds, Holland, Leventis, Lourie, Macaulay, Martin, Martschink, McConnell, O'Dell, Patterson, Rose, Setzler, Horace C. Smith, J. Verne Smith, Stilwell, Waddell, Wilson, Giese, Courson and Passailaigue: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 13, 1991, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

The Concurrent Resolution was adopted, ordered sent to the House.

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

MOTION ADOPTED

On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

DEBATE INTERRUPTED

S. 226 -- Senators Waddell and Passailaigue: A JOINT RESOLUTION TO ALLOW STATE INCOME TAX DEDUCTIONS FOR INDIVIDUALS FOR COMMERCIAL TIMBER LOSSES AND TIMBER DAMAGE ASSESSMENTS ATTRIBUTABLE TO THE IMPACT OF HURRICANE HUGO IN COUNTIES DECLARED A FEDERAL DISASTER AREA BECAUSE OF THE IMPACT OF HURRICANE HUGO, TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR THE DEDUCTION INCLUDING REDUCTION OF OTHER TAX ATTRIBUTES OF TAXPAYERS CLAIMING THE DEDUCTION, AND TO ELIMINATE PENALTIES FOR FAILURE TO FILE TAX RETURNS DUE FROM SEPTEMBER 18, 1989, TO NOVEMBER 30, 1989, FOR TAXPAYERS IN COUNTIES DECLARED DISASTER AREAS.

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

Senator GIESE argued contra to the third reading of the Joint Resolution.

Objection

Senator WADDELL asked unanimous consent, with Senator GIESE retaining the floor, to make a motion that the Senate stand adjourned.

Senator HINDS objected.

Senator GIESE continued arguing contra to the third reading of the Joint Resolution.

Point Of Quorum

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

Debate was interrupted by adjournment, Senator GIESE retaining the floor.

ADJOURNMENT

At 1:47 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 8:58 A.M.