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 word again from the 46th Psalm... the rendering in the New English Bible (vv. 6-7):
"Nations are in tumult, kingdoms are hurled down;
When He thunders, the earth surges like the sea.
The Lord of hosts is with us, the God of
Jacob is our high stronghold."
Let us pray.
Lord God of the Nations, we pray for Your blessing upon all the peoples of our planet... the vanquished and the victors.
As we offer our condolences to the families of those who suffered and died, we pray that You will use the frailties of mankind in bringing peace and stability to our world order. Make it Your new world order!
Out of the twilight of mankind's fading hopes, O Lord, renew our confidence in friendship, brotherly love, goodness, truth, honesty... what the Good Book calls "righteousness".
Help us so to live that should the world wonder the source of our strength, we may, by lip and life, give witness to that great fact of our common life: THE LORD OF HOSTS IS WITH US, THE GOD OF JACOB IS OUR HIGH STRONGHOLD!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1357
Promulgated By Commission for the Blind
Randolph-Sheppard Vending Machine Program
Received By Lt. Governor February 28, 1991
Referred to Senate General Committee
120 day review expiration date June 28, 1991
Senator MOORE introduced Dr. Ned Nicholson of Edgefield, S.C., Doctor of the Day.
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.
With unanimous consent, Senator HOLLAND, Chairman of the Subcommittee on Reapportionment, was granted leave to address the body.
Ladies and Gentlemen of the Senate:
If I could please have your undivided attention to discuss a most important matter--reapportionment.
I am very pleased to announce that as of 10:15 this morning, the United States Bureau of the Census has provided South Carolina with its PL 94-171 data which, in layman's terms, is the population figures of this State broken down to the lowest common denominator--the census block. The arrival of this data two weeks prior to its expected date of arrival is certainly good news. Over the past several weeks, the reapportionment subcommittee staff has been working to ensure that the Census maps we will use and which are also computer generated are correct. Through their work, staff has discovered that some of the map files are flawed. They are working even as we speak to correct these flawed map files so that the maps can be integrated with the population data we have received today. Because the population data is early, it will hopefully keep the subcommittee on its intended schedule of providing the members of this Senate and the general public with coordinated map and population data. We expect that given two or three weeks we will be able to run verification checks on the data to ensure that we will have the most accurate mapping and data coordination available. Other states which have received their mapping and population data ahead of South Carolina advise us to spend this amount of time to cross check the data, not because the data is wrong, but because very often there can be computer glitches that lead to the impression that the data is not correct or incorrectly filed.
Once we have completed the downloading and integrity check of the data, we will provide each senator with a malapportionment map of his current district showing the total population of his district based upon 1990 figures. This should help each of you and members of the general public in determining how to redistrict the State Senate.
As I mentioned in my memo to each of you last week, it is important to schedule a meeting with subcommittee staff to discuss several important aspects of reapportionment. If you have not already scheduled such a meeting, I would encourage you to do so at your earliest convenience.
Thank you.
(On motion of Senator HOLLAND, with unanimous consent, ordered printed in the Journal)
S. 659 -- Senators Drummond, Bryan and Thomas: A CONCURRENT RESOLUTION TO COMMEND THE VOLUNTEERS OF THE SOUTH CAROLINA DEFENSE FORCE, ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT, FOR THEIR DEDICATED SERVICE TO THIS STATE, TO EXPRESS THAT THE GRATITUDE OF SOUTH CAROLINA FOR THIS SERVICE IS DEEP AND LASTING AND TO RECOGNIZE THIS ANNIVERSARY BY ATTENDING THE CEREMONY ON THURSDAY, MARCH 21, 1991, AT 11:00 A.M. ON THE SOUTH STEPS OF THE STATE HOUSE.
Returned with concurrence.
Received as information.
S. 729 -- Senators Nell W. Smith and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY HAMBY OF EASLEY UPON BEING CHOSEN AS MS. SENIOR SOUTH CAROLINA AND TO WISH HER WELL AS SHE COMPETES FOR THE NATIONAL TITLE IN APRIL IN ATLANTIC CITY.
Returned with concurrence.
Received as information.
The following were introduced:
S. 734 -- Senator Lourie: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO MR. RICHARD T. ("T.R.") RUNNELS FOR HIS SUPERB SERVICE AS INTERIM DIRECTOR OF THE SOUTH CAROLINA AERONAUTICS COMMISSION.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 735 -- Senators Lourie, Wilson and Rose: A CONCURRENT RESOLUTION TO REQUEST THE ALLIED NATIONS OR THE UNITED NATIONS SECURITY COUNCIL, OR BOTH, TO TRY SADDAM HUSSEIN AND HIS SOLDIERS WHO PARTICIPATED IN WAR CRIMES AS WAR CRIMINALS.
Whereas, a Saudi general has reported from Kuwait that Iraqi soldiers under the direction of Saddam Hussein have tortured and killed civilians, raped and mutilated women, hung people in the streets, and urged younger Iraqi soldiers to kill children; and
Whereas, other bloodcurdling reports, still unconfirmed, have leaked from Kuwait from the day of Iraq's invasion; and
Whereas, those atrocities, if confirmed, are war crimes:
(1) Iraq has fired dozens of Scud missiles at civilian populations in Saudi Arabia as well as at Israel, a noncombatant. Each of those firings is a war crime.
(2) Iraqis forced battered and bruised prisoners of war to appear on television. Beating prisoners of war and displaying them on television are war crimes, as is the use of prisoners of war as human shields; and
Whereas, Saddam and his commanders have been warned repeatedly that they are accountable; and
Whereas, these atrocities are not the inevitable result of war. They do not equate with the accidental killing of civilians by allied bombs. They are not the acts of honorable men in combat; and
Whereas, confronted with people who could not protect themselves, the Iraqi army has killed, maimed, raped, and tortured innocents; and
Whereas, now that the war is over, Saddam Hussein and his soldiers must be tried for their crimes; and
Whereas, war-crimes trials will serve justice and uphold the fragile framework civilization has developed to reduce the horror of war; and
Whereas, from the first Geneva Convention in 1864 through the four international gatherings in 1949, the world gradually has developed rules to protect civilians, prisoners of war, and the wounded; and
Whereas, Iraq signed the 1949 agreements, one of one hundred sixty-four nations to do so. Yet Saddam Hussein has treated the 1949 agreements with disdain, as have other Iraqi leaders and soldiers; and
Whereas, they all must be held accountable. To let them go would invite future atrocities by forsaking the few rules we have for the conduct of war. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request that the Allied Nations or the United Nations Security Council, or both, try Saddam Hussein and his soldiers who participated in war crimes as war criminals.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, members of the South Carolina Congressional Delegation, and United Nations Security Council.
Referred to the Committee on Judiciary.
S. 736 -- Senators Courson, Bryan, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO HONOR THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES WHO SUCCESSFULLY AND COURAGEOUSLY DEFENDED OUR COUNTRY DURING OPERATION DESERT STORM.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 737 -- Senator Shealy: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT A CHANGE IN THE PLEDGE OF ALLEGIANCE BY CHANGING THE PHRASE "WITH LIBERTY AND JUSTICE FOR ALL" TO THE PHRASE "SEEKING LIBERTY AND JUSTICE FOR ALL".
Whereas, the flag of the United States represents the greatest nation on earth conferring rights and privileges denied most people of the world; and
Whereas, the Pledge of Allegiance to the Flag of the United States is and ought to be a patriotic and uplifting experience, instilling loyalty and appreciation for the benefits bestowed; and
Whereas, students should be encouraged and practiced in the use of the Pledge, and the legislatures of various states have by statute directed that it be used in the schools and the courts have declared this lawful; and
Whereas, the system of justice in the United States is far superior to that enjoyed by most people, many of whom are denied the most basic rights as we know them; and
Whereas, even our system of justice is imperfect, and there is an eternal effort toward a more perfect system; and
Whereas, the Pledge of Allegiance ends with a phrase saying "with liberty and justice for all" which is a desirable end but one not yet attained; and
Whereas, young people repeatedly saying this as an accomplished fact will tend to become complacent, and feel that there actually is justice for all rather than working toward that goal; and
Whereas, this matter can be improved by changing the phrase "with liberty and justice for all" to the phrase "seeking liberty and justice for all". Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby memorialize the Congress of the United States to enact a change in the Pledge of Allegiance by changing the phrase "with liberty and justice for all" to the phrase "seeking liberty and justice for all".
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
Senator SHEALY spoke on the Resolution.
Referred to the Committee on Judiciary.
S. 738 -- Senator Land: A BILL TO AMEND SECTION 12-51-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF A MOBILE HOME OR MODULAR HOME BY THE OWNER FOR THE NONPAYMENT OF TAXES, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS REDEMPTION INCLUDING THE PERSONS WHO ARE AUTHORIZED TO MAKE THE REDEMPTION, AND TO REPEAL SECTION 12-51-96, RELATING TO CERTAIN CONDITIONS FOR REDEMPTION OF A MOBILE HOME OR MODULAR HOME.
Read the first time and referred to the Committee on Finance.
S. 739 -- Senator Land: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 740 -- Senator Russell: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA CEMETERY BOARD FOR FIVE YEARS.
Read the first time and referred to the General Committee.
S. 741 -- Senators Hayes, Bryan, Fielding, Matthews, Hinds, Nell W. Smith, Wilson, Gilbert, Moore, Leatherman, Holland, Mitchell, Thomas, Helmly, Russell, Waddell, Lourie, Land and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2975 SO AS TO REQUIRE CHILD DAY CARE FACILITIES TO HAVE ON ITS PREMISES AT LEAST ONE CAREGIVER WITH A CURRENT CERTIFICATE FOR THE PROVISION OF BASIC FIRST AID AND CHILD-INFANT CARDIOPULMONARY RESUSCITATION.
Read the first time and referred to the Committee on Medical Affairs.
S. 742 -- Senators Leventis, Rose, Land, Passailaigue and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MINIMIZE AND PREVENT DAMAGE TO THE ENVIRONMENT IN ITS REGULATORY FUNCTIONS AND PROHIBIT THE DEPARTMENT FROM BEING LESS PROTECTIVE OF THE ENVIRONMENT THAN IS REQUIRED BY FEDERAL LAW AND TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 109, SO AS TO ENACT THE TOXIC USE REDUCTION ACT.
Read the first time and referred to the Committee on Medical Affairs.
S. 743 -- Senators Holland, Hayes, Long and Patterson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 20, 1991, at 12:00 Noon, for the purpose of electing a successor to the member of the South Carolina Public Service Commission from the Sixth Congressional District so as to fill an unexpired term which will expire in 1994.
Referred to the Committee on Invitations.
H. 3465 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND REGISTRATION FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE REGISTRATION AND LICENSING DATES.
Read the first time and referred to the Committee on Transportation.
H. 3558 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE INSTITUTION SIZE FROM EIGHT HUNDRED EIGHT TO ONE THOUSAND, ONE HUNDRED THIRTY BEDS IN THE MEDIUM SECURITY INSTITUTIONS TO BE CONSTRUCTED BY THE DEPARTMENT OF CORRECTIONS INSTEAD OF THE MEDIUM/MAXIMUM INSTITUTION PREVIOUSLY AUTHORIZED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY INTENDS TO AUTHORIZE THE ADDITIONAL FUNDS TO COMPLETE THESE ENLARGED PENAL INSTITUTIONS IN LEGISLATION AUTHORIZING THE ISSUANCE OF ADDITIONAL CAPITAL IMPROVEMENT BONDS DURING THE 1991 SESSION OF THE GENERAL ASSEMBLY.
Senator WADDELL spoke on the Bill.
Read the first time and on motion of Senator WADDELL ordered placed on the Calendar without reference.
On motion of Senator WADDELL, with unanimous consent, H. 3558 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 190 -- Senator Rose: A BILL DIRECTING THE OPERATIONS AND MANAGEMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA; TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATION; TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM SHALL BE AUTHORIZED PER DIEM, MILEAGE AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE, RESPECTIVELY; AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1992 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION THEREAFTER.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:
S. 418 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 474 -- Senator Hayes: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a majority favorable with amendment and Senator HINDS a minority unfavorable report on:
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, 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 DEPARTMENT'S 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.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:
S. 508 -- Senators Land and Holland: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO LIMIT THE PERIOD OF ADMINISTRATIVE LEAVE WITH PAY TO NINETY DAYS.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 529 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:
S. 663 -- Senator Land: A BILL TO REPEAL SECTION 12-54-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE TAX PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE TO BE MADE BY ANY MEANS ESTABLISHED BY THE COMMISSION, WITH THE APPROVAL OF THE STATE TREASURER, THAT MAKES THE FUNDS IMMEDIATELY AVAILABLE TO THE STATE.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
H. 3043 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1710 SO AS TO REQUIRE AN INCOME TAX RETURN PREPARER TO INCLUDE HIS FEDERAL TAXPAYER IDENTIFICATION NUMBER ON STATE INCOME TAX RETURNS AND CLAIMS FOR REFUND PREPARED BY HIM.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3596 -- Reps. Townsend, Shirley, Cooper, P. Harris, Tucker, Chamblee, T.C. Alexander and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-545 SO AS TO ESTABLISH THE CENTURY FARMS PROGRAM ADMINISTERED BY THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION.
H. 3482 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO CHEMIGATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1285, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3483 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BEE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1286, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3484 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL REGULATIONS AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1287, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LIFE REINSURANCE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3510 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO VALUATION OF INVESTMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 717 -- Senator Pope: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE NAME OF THE "MT. PLEASANT" PRECINCT TO THE "CONSOLIDATED NUMBER 5" PRECINCT.
S. 328 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.
S. 441 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-75 SO AS TO REQUIRE THAT THE SOCIAL SECURITY NUMBERS OF A CHILD'S PARENTS ARE INCLUDED ON THE CHILD'S BIRTH CERTIFICATE.
S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.
S. 666 -- Senators Nell W. Smith and Holland: A BILL TO AMEND SECTION 20-7-1775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCOUNTING OF DISBURSEMENTS MADE BY OR ON BEHALF OF A PETITIONER IN CONNECTION WITH AN ADOPTION, SO AS TO INCLUDE RECEIPTS FOR REASONABLE LIVING EXPENSES ASSESSED AS COSTS.
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 (JUD666.1) was adopted as follows:
Amend the bill, as and if amended, page 2, line 1, in Section 20-7-1775(B)(4), as contained in SECTION 1, by inserting /incurred by the mother and child/ after /expenses/ .
Amend title to conform.
Senator NELL W. SMITH explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bill and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 506 -- Senators Land and Holland: A BILL TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS MAY HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.
Senator LAND spoke on the Bill.
H. 3534 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PESTICIDE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1300, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 531 -- Senator Fielding: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1990 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1992 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.
Senator FIELDING asked unanimous consent to make a motion that the Bill be taken up for immediate consideration.
Senator MARTSCHINK objected.
H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.
On motion of Senator SETZLER, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator GILBERT, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 409 -- Senators Waddell and Giese: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.
On motion of Senator McCONNELL, the Bill was carried over.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator COURSON spoke on the Bill.
Senator WILLIAMS spoke on the Bill.
Senator WILLIAMS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading.
Senator THOMAS objected.
Senator THOMAS spoke on the Bill.
Senator ROSE asked unanimous consent to make a motion that the amendments to the Bill be considered according to the subject matter of three major categories in the Bill, rather than in the order that the amendments were received on the Desk.
Senator LEATHERMAN objected.
Senator SHEALY spoke on the Bill.
Senator DRUMMOND spoke on the Bill.
Senator MITCHELL spoke on the Bill.
Senator SALEEBY moved that the Senate recede from business until 3:00 P.M.
Senator SHEALY moved that the Senate stand adjourned.
Senator SHEALY asked unanimous consent to make a motion that the motion to adjourn be amended.
Senator J. VERNE SMITH objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fielding Holland Land
Mitchell Patterson Shealy
Bryan Courson Drummond
Giese Gilbert Hayes
Helmly Hinds Leatherman
Long Macaulay Martschink
McConnell McGill Moore
O'Dell Passailaigue Peeler
Pope Reese Rose
Russell Saleeby Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Wilson
The Senate refused to adjourn.
Senator SALEEBY moved that the Senate recede from business until 3:00 P.M.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Mitchell Patterson
Saleeby Stilwell Waddell
Williams
Courson Fielding Giese
Gilbert Hayes Helmly
Hinds Hinson Holland
Land Leatherman Long
Macaulay Martschink McConnell
McGill Moore O'Dell
Passailaigue Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Thomas Washington
Wilson
The Senate refused to recede from business.
Senator WILLIAMS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading.
Senator THOMAS objected.
Senator ROSE was recognized to speak on the Bill.
Debate was interrupted by adjournment, Senator ROSE retaining the floor.
With unanimous consent, Senator WILLIAMS moved that when the Senate adjourns, it stand adjourned to meet tomorrow at 10:15 A.M., which motion was adopted.
At 1:00 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 10:15 A.M.
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