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:
The Prophet Jeremiah gives us these words of the Lord, Chapter 31 (vv. 3,6) (NEB):
"I have dearly loved you from of old,
and still I maintain my unfailing
care for you..."
"For a day will come when the watch-
men on Ephraim's hills cry out,
'Come, let us go up to Zion,
to the Lord our God.'"
Let us pray.
O Lord, our Lord, we thank You for tipping the scales of life from despair over the human condition to joy in the faithfulness of a God that promises redemption.
So often our lives, like Jeremiah's are tilted out of balance by the formidable weight of daily struggles. Life, so often, becomes a great burden to so many. We remember before You the "street people" of our land... and other lands... that drift... homeless... about. Help us to design an economy... and a style of life... where no one lacks food and shelter, and an opportunity for self-fulfillment.
As we go to our tasks, let us hear again:
"I have loved you with an everlasting
love". Amen.
Senator WADDELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WADDELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martin Martschink McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. 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.
The following were received and referred to the appropriate committees for consideration.
Document No. 1181
Promulgated By Department of Health and Environmental Control
Standards for Lay Midwives
Received by Lt. Governor January 31, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 31, 1990
Document No. 1220
Promulgated By Criminal Justice Academy
Certification, Decertification, Accreditation
Received by Lt. Governor January 31, 1990
Referred to Senate Committee on Judiciary
120 day expiration date May 31, 1990
Senator GIESE introduced Dr. Walter Roberts of Columbia, Doctor of the Day.
On motion of Senator FIELDING, Senator MATTHEWS was granted a leave of absence for today.
Senator BRYAN requested and was granted a leave of absence for Tuesday, February 6 and Wednesday, February 7, 1990.
On motion of Senator WADDELL, Senator LINDSAY was granted a leave of absence for Tuesday, Wednesday and Thursday.
Columbia, S.C., January 24, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
Very respectfully,
Speaker of The House
On motion of Senator MITCHELL, the Senate insisted upon its amendments to the Joint Resolution and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators COURSON, LOURIE and MITCHELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 125 -- Senators Saleeby, Pope and McConnell: A BILL TO AMEND SECTION 56-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION TO THE CHIEF COMMISSIONER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BY PROVIDERS OF INSURANCE OR SECURITY, SO AS TO REQUIRE THAT NOTIFICATION OF A LAPSE OR TERMINATION MUST BE IN WRITING WHICH MAY BE ACCOMPANIED BY AN ELECTRONIC COMPUTER TAPE CONTAINING THE NOTIFICATION; AND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE INSURER WHO GAVE THE CANCELLATION OR REFUSAL TO RENEW NOTICE TO FILE EVIDENCE THAT A VEHICLE IS INSURED BEFORE THE DEPARTMENT REISSUES REGISTRATION CERTIFICATES AND LICENSE PLATES.
The House returned the Bill with amendments.
On motion of Senator SALEEBY, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 184 -- Senators Passailaigue and Fielding: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE MAIN ENTRANCE TO THE DOOR NORMALLY USED BY THE VOTERS TO ENTER THE POLLING PLACE INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
The House returned the Bill with amendments.
On motion of Senator PASSAILAIGUE, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
The following were introduced:
S. 1174 -- Senators Lee, Hayes, Lourie, Pope, Russell, Wilson, Stilwell, Rose, Land, Saleeby, Williams, Shealy, Martin, Mullinax, McGill, Martschink, Hinds and Holland: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REFRAIN FROM REPEALING OR AMENDING THE FEDERAL EMPLOYERS' LIABILITY ACT.
Referred to the Committee on Labor, Commerce and Industry.
S. 1175 -- Senators Land, Hinds, Long and McLeod: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE FIVE PERCENT ASSESSMENT RATIO FOR COMMERCIAL FISHING BOATS EXTENDS TO CHARTERED RECREATIONAL FISHING BOATS AND TO DEFINE "CHARTERED RECREATIONAL FISHING BOATS".
Read the first time and referred to the Committee on Finance.
S. 1176 -- Senators Thomas, Wilson and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41 OF TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED CONSENT FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41, TITLE 44 OF THE 1976 CODE, ENTITLED "GENERAL PROVISIONS".
Read the first time and referred to the Committee on Judiciary.
S. 1177 -- Senator Waddell: A BILL TO AMEND SECTION 4-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF MEMBERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO AUTHORIZE NONSTAGGERED FOUR-YEAR TERMS OF OFFICE IN THOSE COUNTIES WHERE THE UNITED STATES JUSTICE DEPARTMENT DOES NOT APPROVE STAGGERED TERMS.
Read the first time and referred to the Committee on Judiciary.
S. 1178 -- Senator Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE AMERICAN INSTITUTE OF BANKING.
Read the first time and referred to the Committee on Judiciary.
S. 1179 -- Senators Courson and Passailaigue: A BILL TO AMEND SECTION 50-17-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF SHRIMP, SO AS TO MAKE PENALTIES FOR TAKING SHRIMP OVER BAIT WITHOUT A PERMIT DISCRETIONARY INSTEAD OF MANDATORY.
Read the first time and on motion of Senator COURSON, with unanimous consent, was ordered placed on the Calendar without reference.
S. 1180 -- Senators Waddell, Martschink, Fielding, McConnell, McLeod and Passailaigue: A JOINT RESOLUTION TO PROVIDE A GRANT TO THE FRIENDS OF SNEE FARM FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Read the first time and on motion of Senator WADDELL, with unanimous consent, was ordered placed on the Calendar without reference.
S. 1181 -- Senators Wilson, Shealy, Giese, Williams, Setzler, Lourie, Pope, Russell, Martschink, Patterson, Macaulay and Courson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE MACKIE QUAVE OF COLUMBIA IN RICHLAND COUNTY, DISTINGUISHED RADIO AND TELEVISION BROADCASTING PIONEER IN THE MIDLANDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1182 -- Senators Moore, Land, Nell W. Smith, Saleeby, Leatherman, Peeler, Drummond, Stilwell, Bryan, Pope, Lourie, Williams, Waddell, Horace C. Smith, Hinds, O'Dell, McLeod, J. Verne Smith, Rose, Giese, Wilson, Fielding, Thomas, Setzler, Passailaigue, Hayes, Long, Martschink, Macauley, Mitchell, Mullinax, Shealy, Hinson, Courson, Holland, Patterson, Lee, McGill and Helmly: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; AND TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.
Read the first time and referred to the Committee on Medical Affairs.
S. 1183 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.
Read the first time and referred to the Committee on Medical Affairs.
S. 1184 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE CHIEF VERNON BOATWRIGHT OF WEST COLUMBIA FOR HIS LONG AND DISTINQUISHED SERVICE WITH THE WEST COLUMBIA POLICE DEPARTMENT AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.
Read the first time and referred to the Committee on Judiciary.
H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS; AND TO AMEND TITLE 12, RELATING TO TAXATION BY ADDING CHAPTER 40, SO AS TO PROVIDE FOR A UNIFORM CLASSIFICATION SYSTEM FOR THE COMPENSATION OF COUNTY AUDITORS AND TREASURERS, AND FOR OTHER MATTERS RELATING TO THEIR DUTIES, COMPENSATION, AND BENEFITS.
Read the first time and referred to the Committee on Finance.
H. 3963 -- Reps. Hayes, Kirsh, Foster and Nesbitt: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "PARDON", SO AS TO PROVIDE THAT A PARDON OF A CONVICTION DOES NOT PRECLUDE THE CONVICTION RECORD FROM BEING CONSIDERED AS A PRIOR OFFENSE UNDER A STATUTE INCREASING THE PENALTY FOR A SUBSEQUENT OFFENSE.
Read the first time and referred to the Committee on Corrections and Penology.
H. 4037 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF LOCAL AUTHORITIES WITH RESPECT TO STREETS AND HIGHWAYS UNDER THEIR JURISDICTION, SO AS TO AUTHORIZE THESE LOCAL AUTHORITIES TO REGULATE OR PROHIBIT THE USE OF SKATEBOARDS.
Read the first time and referred to the Committee on Transportation.
H. 4132 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 24-21-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTITUTION CENTER PROGRAM, SO AS TO REVISE THE LENGTH OF TIME THE OFFENDER MUST BE IN THE PROGRAM FOR VARIOUS OFFENSES.
Read the first time and referred to the Committee on Corrections and Penology.
H. 4199 -- Rep. Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-41-35 SO AS TO PROVIDE THAT NO INDIVIDUAL MAY EXEMPT FROM THE PROPERTY OF THE ESTATE IN ANY BANKRUPTCY PROCEEDING THE PROPERTY SPECIFIED IN SECTION 522(d) OF THE BANKRUPTCY REFORM ACT (PUBLIC LAW 95-598) EXCEPT AS MAY BE EXPRESSLY PERMITTED BY THE LAWS OF THIS STATE.
Read the first time and referred to the Committee on Judiciary.
H. 4205 -- Rep. Wilkins: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCLUSIVENESS OF AN AWARD UNDER THE WORKERS' COMPENSATION LAW, APPEAL, AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO REQUIRE THAT A NOTICE OF APPEAL MUST STATE THE GROUNDS OF THE APPEAL OR THE ALLEGED ERRORS OF LAW.
Read the first time and referred to the Committee on Judiciary.
H. 4220 -- Reps. P. Harris, Blackwell and Waldrop: A JOINT RESOLUTION TO DIRECT THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD TO STUDY THE ADULT DAY CARE SERVICE NEEDS OF STATE EMPLOYEES WHO CURRENTLY ARE TAKING CARE OF FAMILY MEMBERS AND TO EXAMINE WAYS OF PROVIDING STATE-SUPPORTED ADULT DAY CARE SERVICES.
Read the first time and referred to the Committee on Finance.
H. 4236 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO PROVIDE FOR THE INSPECTION OF A RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED OR HANDICAPPED PERSONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4258 -- Rep. R. Brown: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO DELETE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FROM THE LIST OF AGENCIES WITH SPECIFIED TERMINATION DATES; AND TO AMEND SECTION 41-45-10, RELATING TO THE COORDINATING COUNCIL, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE COUNCIL MUST BE APPOINTED BY THE GOVERNOR RATHER THAN BEING THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD.
Read the first time and referred to the Committee on Finance.
H. 4336 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 14, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE COUNTIES TO INCUR INDEBTEDNESS FOR THE PURPOSE OF REDEVELOPMENT AND THAT THIS DEBT SERVICE BE PROVIDED BY MEANS OF TAX INCREMENT FINANCING.
Read the first time and referred to the Committee on Finance.
H. 3989 -- Rep. Kirsh: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO ALLOW INVESTMENTS IN INVESTMENT COMPANIES OR INVESTMENT TRUSTS WHOSE PORTFOLIOS CONSIST SOLELY OF GOVERNMENT SECURITIES; AND TO AMEND SECTION 12-45-220, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO AS TO CONFORM THE LIST OF ALLOWED INVESTMENTS TO THOSE ALLOWED FOR POLITICAL SUBDIVISIONS INCLUDING THE ADDITIONAL ALLOWED INVESTMENTS FOR POLITICAL SUBDIVISIONS AUTHORIZED BY THIS ACT.
Read the first time and on motion of Senator WADDELL, with unanimous consent, was ordered placed on the Calendar without reference.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 774 -- Senator Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 TO TITLE 15 SO AS TO PROVIDE FOR THE "VOLUNTEER PROTECTION ACT OF 1989".
Ordered for consideration tomorrow.
Senator SALEEBY, from the Committee on Judiciary, submitted a favorable report on:
S. 832 -- Senators Martschink, McConnell, Passailaigue, Helmly, Hinds, Gilbert, Pope, Bryan, Setzler, Stilwell, Long, Thomas, Nell W. Smith, Lee, Wilson, Rose, Moore, Leventis, Leatherman, Mullinax, O'Dell, Courson, J. Verne Smith, Macaulay and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.
Ordered for consideration tomorrow.
Senator SALEEBY, from the Committee on Judiciary, submitted a favorable report on:
S. 903 -- Senators Passailaigue, Giese, Moore, Thomas, Lee, Rose, Hayes, Leventis, Peeler, Hinson, Saleeby, Mitchell, Martschink, Pope, Russell and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-7-35 SO AS TO PROHIBIT INCREASING THE PRICES ORDINARILY CHARGED FOR GOODS AND SERVICES DURING A STATE OF EMERGENCY, DEFINE TERMS, AND PROVIDE PENALITIES.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
S. 908 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-175 SO AS TO PROVIDE THAT A STATE EMPLOYEE AT HIS REQUEST MUST BE EXCUSED FROM WORK BY HIS EMPLOYER DURING REGULAR STATE BUSINESS HOURS FOR THE PURPOSE OF DONATING BLOOD, AND TO PROVIDE FOR THE CONDITIONS UNDER WHICH THIS EXCUSAL MUST BE GRANTED.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 919 -- Senators Courson, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2193 SO AS TO PROVIDE FOR NOTIFICATION OF A SCHOOL'S PRINCIPAL WHEN THE SCHOOL IS ATTENDED BY A PERSON TWENTY-ONE YEARS OF AGE OR YOUNGER COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES FOLLOWING CONVICTION OR ADJUDICATION OF DELINQUENCY FOR A VIOLENT CRIME.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
S. 990 -- Senators Williams and Giese: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL TRANSPORTING OF A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO PROVIDE THAT IF A PERSON KEEPS A CHILD OUTSIDE THIS STATE FOR MORE THAN SEVENTY-TWO HOURS IN VIOLATION OF A CUSTODY ORDER, THIS IS NOT PRIMA FACIE EVIDENCE OF AN INTENTIONAL VIOLATION OF THIS SECTION BUT THAT IT IS PERMISSIBLE TO INFER THAT THE PERSON INTENDED TO COMMIT THIS VIOLATION.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 1037 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-33-395 SO AS TO PROVIDE FOR SUIT NOT TO BE BROUGHT AGAINST EMPLOYEES AND VOLUNTEERS OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:
S. 1057 -- Senator Russell: A BILL TO AMEND SECTION 53-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM THE PROHIBITION ON SUNDAY WORK, SO AS TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO THE SALE OR RENTAL OF PRERECORDED VIDEOTAPES, VIDEOCASSETTE RECORDERS, OR PLAYERS.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 901 -- Senators Hayes and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-12 SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO DESIGNATE NOT MORE THAN TWO DAYS IN EACH CALENDAR YEAR AS FREE FISHING DAYS AND TO PROVIDE THAT RESIDENTS OF THIS STATE, WITHOUT OBTAINING A FISHING LICENSE, MAY EXERCISE THE PRIVILEGES OF A HOLDER OF A FISHING LICENSE, SUBJECT TO LIMITATIONS AND RESTRICTIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT COMMERCIAL FISHING LICENSES.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 912 -- Senator Waddell: A BILL TO REPEAL SECTION 50-17-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME CONSTRAINTS FOR APPLYING FOR LICENSES RELATING TO TRAWLING BOATS.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
S. 1065 -- Senators Passailaigue, McConnell, Martschink and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 IN CHAPTER 9 OF TITLE 12 SO AS TO PROVIDE FOR STATE INCOME TAX WITHHOLDING ON THE AMOUNT REALIZED FROM THE SALE OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY TO NONRESIDENTS, TO PROVIDE THAT THE CLOSING AGENT SHALL WITHHOLD AND PAY OVER THE TAX, TO PROVIDE THE METHOD FOR COMPUTING AND PAYING OVER THE AMOUNTS WITHHELD, TO ALLOW WITHHOLDING ON GAIN FROM THE SALE IF THE SELLER PROVIDES THE PURCHASER AN AFFIDAVIT STATING THE AMOUNT OF THE GAIN AND TO PROVIDE THAT THE SELLER MAY APPLY TO THE SOUTH CAROLINA TAX COMMISSION FOR REFUND OF EXCESS WITHHOLDING, TO ALLOW THE SOUTH CAROLINA TAX COMMISSION TO EXEMPT CLASSES OF TRANSACTIONS AND EXTEND TIME FOR PAYMENT AND TO PROVIDE DEFINITIONS; AND TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE WITHHOLDING REQUIREMENT ON SALES OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY TO RESIDENTS.
On motion of Senator WADDELL, with unanimous consent, the Bill was taken up for immediate consideration.
Senator WADDELL explained the Bill.
On motion of Senator WADDELL, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 1108 -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR TAXABLE YEAR 1989 IS EXTENDED UNTIL JULY 1, 1990.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 1125 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD MAY DEVELOP AN OPTIONAL LONG-TERM CARE INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES DEPENDING ON THE AVAILABILITY OF A QUALIFIED VENDOR; AND TO REPEAL SECTION 9-1-70 RELATING TO THE OPTIONAL LONG-TERM CARE INSURANCE PROGRAM.
Ordered for consideration tomorrow.
Senator STILWELL, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 3272 -- Reps. Rudnick, Harvin, Holt, G. Brown, Klapman and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321 SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS.
Ordered for consideration tomorrow.
Senator SALEEBY, from the Committee on Ethics, submitted a favorable report on:
H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1015 SO AS TO PROVIDE A CIVIL PENALTY FOR FAILURE TO FILE OR TO FILE LATE A STATEMENT REQUIRED BY CHAPTER 13 OF TITLE 8 RELATING TO ETHICS.
Ordered for consideration tomorrow.
Senator LONG, from the Committee on Judiciary, submitted a favorable report on:
H. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS; TO AMEND SECTION 20-7-1510, RELATING TO THE DISPOSITION OF FINES AND FORFEITURES GENERATED BY THE CIRCUIT AND FAMILY COURT, SO AS TO PROVIDE SPECIFICALLY THAT FINES AND FORFEITURES FOR SHELLFISH VIOLATIONS ARE EXCLUDED FROM THE GENERAL DISTRIBUTION PROVISIONS; AND TO AMEND SECTION 44-53-580, RELATING TO THE DISPOSITION OF FINES GENERATED FROM NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE THAT ONE-FOURTH OF THE FINES MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY WHERE THE VIOLATION OCCURRED.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
H. 3641 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR A PETITION TO BE FILED WITH INSTEAD OF NOTICE TO THE FAMILY COURT WHEN AN AGENCY INITIATES PROTECTIVE SERVICES.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO REVISE THE REQUIREMENTS OF THE PETITION, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.
Ordered for consideration tomorrow.
Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:
H. 3724 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 43-5-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH AN APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE FOR THE SUBSTITUTION OF THE DEPARTMENT WHEN THERE IS AN ASSIGNMENT OF THE RIGHTS TO SUPPORT.
Ordered for consideration tomorrow.
Senator WILSON, from the Committee on Judiciary, submitted a favorable report on:
H. 3856 -- Rep. R. Brown: A BILL TO AMEND SECTION 58-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL PENALTIES FOR VIOLATIONS BY GAS UTILITY COMPANIES, SO AS TO INCREASE THEM.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Judiciary, submitted a majority favorable and Senator HOLLAND a minority unfavorable report on:
H. 3883 -- Rep. Baxley: A BILL TO AMEND SECTION 36-9-319, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF SECURED PROPERTY WITHOUT CONSENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO INCREASE THE MONETARY PENALTY FOR VIOLATION AND TO INCREASE THE DOLLAR AMOUNT OF THE VALUE OF THE PROPERTY WHICH MAKES THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:
H. 3950 -- Rep. Fant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-120 SO AS TO EXTEND THE STATUTE OF LIMITATIONS FOR THE FILING OF CLAIMS AND SUITS AGAINST CORPORATIONS AND OTHER EMPLOYERS RELATING TO CLAIMS FILED WITH THE STATE HUMAN AFFAIRS COMMISSION.
Ordered for consideration tomorrow.
Senator LONG, from the Committee on Judiciary, submitted a favorable report on:
H. 4253 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CRIME STOPPERS OF HORRY COUNTY, INC., IN HORRY COUNTY.
On motion of Senator LONG, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator LONG, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LONG, with unanimous consent, H. 4253 was ordered to receive a third reading on Thursday, February 1, 1990.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
H. 4257 -- Rep. R. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA RURAL WATER ASSOCIATION.
Ordered for consideration tomorrow.
Senator LEE, from the Committee on Judiciary, submitted a favorable report on:
H. 4264 -- Rep. Bruce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHESNEE HIGH SCHOOL BOOSTERS CLUB, INC., IN SPARTANBURG COUNTY.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:
H. 4266 -- Rep. Haskins: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ACADEMY OF ARTS, INC., IN GREENVILLE COUNTY.
On motion of Senator THOMAS, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator THOMAS, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator THOMAS, with unanimous consent, H. 4266 was ordered to receive a third reading on Thursday, February 1, 1990.
Senator LONG, from the Committee on Judiciary, submitted a favorable report on:
H. 4288 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JASMINE INTERIORS, INC., IN HORRY COUNTY.
On motion of Senator LONG, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator LONG, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LONG, H. 4288 was ordered to receive a third reading on Thursday, February 1, 1990.
Senator LONG, from the Committee on Judiciary, submitted a favorable report on:
H. 4289 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CENTURION CORPORATION IN HORRY COUNTY.
On motion of Senator LONG, the Bill was taken up for immediate consideration.
On motion of Senator LONG, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator LONG, H. 4289 was ordered to receive a third reading on Thursday, February 1, 1990.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
H. 4369 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PORT CITY GOLF CLUB IN CHARLESTON COUNTY.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from S.C. Developmental Disabilities Council to attend a luncheon for the Council and Mr. James S. Brady on February 21, 1990.
S. 1158 -- Senators Moore, Drummond and Stilwell: A SENATE RESOLUTION INVITING THE SOLID WASTE TASK FORCE TO THE STATE HOUSE AT 11:30 A.M. ON WEDNESDAY, JANUARY 31, 1990, AND GRANTING THE MEMBERS ADMISSION TO THE SENATE CHAMBER TO THE AREA BEHIND THE RAIL SO AS TO BE RECOGNIZED WHEN THE FINAL REPORT OF THE TASK FORCE ON SOLID WASTE IS MADE TO THE SENATE.
The Privilege of the Chamber, to that area behind the rail, was extended to the members of the Solid Waste Task Force and supporting staff.
Senator MOORE, Chairman of the Solid Waste Task Force, recognized and commended the members of the Task Force and supporting staff for their efforts culminating in the presentation of the Final Report to the Senate.
S. 978 -- Senators Rose and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-595 SO AS TO PROVIDE FOR THE MANDATORY SUSPENSION AND DELAY OF THE ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF OR ADJUDICATED DELINQUENT FOR OFFENSES RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES.
On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.
On motion of Senator LOURIE, the Bill was referred to the Committee on Judiciary.
S. 405 -- Senators Bryan, Pope and Passailaigue: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.
On motion of Senator BRYAN, with unanimous consent, the Bill was recommitted to the General Committee.
S. 635 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.
On motion of Senator BRYAN, with unanimous consent, the Bill was recommitted to the General Committee.
Senator MULLINAX, with unanimous consent, moved that the House of Representatives be invited to ratify acts at 2:05 P.M.; and further, that if the Senate completes its business prior to the appointed hour for ratification, that the Senate stand in recess until 2:05 P.M. at which time the Lieutenant Governor is authorized to ratify acts; and further, that no motion, Point of Order, or any other matter may be taken up except for the ratification of acts; and, upon completion of the ratification of acts the Senate will stand adjourned.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 3901 -- Rep. Wilkins: A BILL TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVERS' LICENSING REQUIREMENTS, SO AS TO EXEMPT CITIZENS OF FOREIGN COUNTRIES WHO HAVE A VALID DRIVER'S LICENSE ISSUED BY THAT NATION AND WHOSE COUNTRY GRANTS THE SAME EXEMPTION TO CITIZENS OF THIS STATE.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
H. 3811 -- Reps. Blackwell and Wilkins: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 667 -- Senators Martschink, Wilson, Shealy and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO PROVIDE FOR THE ISSUANCE OF A DISTINGUISHING DECAL TO INDICATE THAT THE PERSON IN CONTROL OF A MOTOR VEHICLE CONSENTS TO ITS SEARCH FOR ILLEGAL DRUGS AND PROVIDE FOR THE SEARCH.
S. 1151 -- Senators Waddell and Lindsay: A BILL TO AMEND SECTION 38-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES BY OTHER STATES ON INSURANCE COMPANIES CHARTERED BY THIS STATE DOING BUSINESS IN THOSE STATES, SO AS TO DELETE LANGUAGE RELATING TO WHAT THE APPLICATION OF THIS SECTION IS BASED, TO CHANGE THE MANNER IN WHICH THIS SECTION IS APPLIED, AND PROVIDE THAT THIS SECTION IS EFFECTIVE FOR ALL INSURANCE PREMIUMS COLLECTED AFTER DECEMBER 31, 1989, AND TO ALL INSURANCE PREMIUM TAX RATES FILED BEGINNING WITH QUARTERLY RETURNS DUE SEPTEMBER 1, 1990, AND QUARTERLY AND ANNUAL RETURNS FILED AFTER THAT TIME.
S. 1152 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF AN INSURER, SO AS TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER'S AND EXAMINER'S ACCESS TO THE INSURER'S RECORDS INSTEAD OF ITS PAPERS AND TO ALLOW THE COMMISSIONER TO REQUIRE THE INSURER TO FURNISH THE ORIGINAL BOOKS AND RECORDS.
S. 1155 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.
S. 1156 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS BEFORE A CERTIFICATE OR LICENSE MAY BE GRANTED TO A DOMESTIC INSURER, SO AS TO REQUIRE ALL ORIGINAL BOOKS AND RECORDS OF THE INSURER TO BE LOCATED AND MAINTAINED IN SOUTH CAROLINA.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senators SALEEBY, LAND, McCONNELL, McLEOD and POPE proposed the following amendment (Doc. No. 2836R), which was adopted:
Amend the bill, as and if amended, page 1156-2, line 30, by adding the following sentence after the word /State./:
"The provisions of this subsection apply to domestic health maintenance organizations."
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.
H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator POPE proposed the following amendment (Doc. No. 2529J), which was adopted:
Amend the bill, as and if amended, page 1, line 28, in Section 34-11-75(1), as contained in SECTION 1, by inserting after the word /knowingly/ the following:
/or with fraudulent intent, as defined in and as may be established by prima facie evidence under the provisions of Section 34-11-70,/
Amend the bill further, as and if amended, page 1, beginning on line 43, in Section 34-11-75(1), as contained in SECTION 1, by deleting the words /economic hardship/ and inserting therein: /the defendant's recent discharge from his employment, personal or family illness, or personal or family catastrophic loss/ .
Amend the bill further, as and if amended, page 2, line 27, in Section 34-11-75(4), as contained in SECTION 1, by striking /The remedy provided in this section applies only if the check was drawn, made, uttered, or issued with knowledge there were insufficient funds in the account or that no credit existed with the bank or depository with which to pay the check upon presentation./ .
Amend title to conform.
Senator POPE explained the amendment.
On motion of Senator POPE, the amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, MARLBORO, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION.
On motion of Senator LEATHERMAN, with unanimous consent, S. 1149 was ordered to receive a third reading on Thursday, February 1, 1990.
H. 4334 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 7, 1990.
On motion of Senator COURSON, with unanimous consent, H. 4334 was ordered to receive a third reading on Thursday, February 1, 1990.
S. 1170 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF ANNUITY.
S. 1172 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH INSURANCE COVERAGE FOR NEWLY BORN CHILDREN, SO AS TO PROVIDE THE REQUIREMENTS FOR THE SECTION TO APPLY TO AN ADOPTED CHILD.
S. 1171 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO DEFINE "BY"; AND SECTION 38-39-30, RELATING TO THE INVESTIGATION OF AND ISSUANCE OF A LICENSE TO A PERSON TO ENGAGE IN THE BUSINESS OF SERVICING INSURANCE PREMIUMS, SO AS TO REQUIRE THAT BEFORE A FOREIGN CORPORATION MAY BE LICENSED, IT MUST BE REGULATED AND EXAMINED BY THE INSURANCE DEPARTMENT IN ITS STATE OF DOMICILE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators SALEEBY, LAND, McLEOD, McCONNELL and POPE proposed the following amendment (Doc. No. 2835R), which was adopted:
Amend the bill, as and if amended, page 1171-3, Section 2, line 22, by striking the word /insurance/ and inserting the word /appropriate/ in lieu thereof.
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The following Bills were carried over:
S. 1153 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE PROVISIONS DETAILING THE MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES, TO DELETE THE PROVISIONS PERTAINING TO THE GROUP POLICY AND SUBSCRIBER CONTRACTS TO WHICH THE STANDARDS DO NOT APPLY, AND TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS CONTAINING THE STANDARDS.
(On motion of Senator McLEOD)
S. 1154 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER'S ANNUAL STATEMENT AS TO ITS BUSINESS STANDING AND FINANCIAL CONDITION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE FORM OF THE STATEMENT AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE THE FILING OF QUARTERLY REPORTS AND ADDITIONAL INFORMATION.
(On motion of Senator SALEEBY)
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
Senator SHEALY asked unanimous consent to make a motion to recommit the Bill to the Committee on Medical Affairs.
Senator THOMAS objected.
Senator NELL W. SMITH rose to a Point of Personal Privilege.
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Senator BRYAN, with unanimous consent, the Bill was carried over in the status of Special Order, not to be considered before Thursday, February 8, 1990.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate dispensed with the Motion Period.
Amended, Read In Full, Passed
By "Ayes And Nays"
S. 134 -- Senator Bryan: A JOINT RESOLUTION PROPOSING THE REPEAL OF SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ALLOWANCE OF DIVORCES FROM THE BONDS OF MATRIMONY.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator BRYAN, the amendment (Doc. No. 1079J) proposed by the Committee on Judiciary was adopted as follows:
Amend the resolution, as and if amended, page 1, by striking /(The section provides that divorces from the bonds of matrimony shall be allowed on the grounds of adultery, desertion, physical cruelty, continuous separation for a period of at least one year, or habitual drunkenness.)/ and inserting therein the following:
/(The section provides for specific grounds on which a divorce is allowed. These grounds, which are also enumerated by statute, are adultery, desertion, physical cruelty, continuous separation for a period of at least one year, or habitual drunkenness. If this section is repealed, these grounds would hereafter be controlled by statutory law rather than by Constitutional provision.)/
Amend title to conform.
The question then was the second reading of the Joint Resolution.
Senator BRYAN argued in favor of the Joint Resolution.
The Joint Resolution was read in full as follows:
S. 134 -- Senator Bryan: A JOINT RESOLUTION PROPOSING THE REPEAL OF SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ALLOWANCE OF DIVORCES FROM THE BONDS OF MATRIMONY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 3 of Article XVII of the Constitution of this State be repealed.
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 3 of Article XVII of the Constitution of this State be repealed? (The section provides for specific grounds on which a divorce is allowed. These grounds, which are also enumerated by statute, are adultery, desertion, physical cruelty, continuous separation for a period of at least one year, or habitual drunkenness. If this section is repealed, these grounds would hereafter be controlled by statutory law rather than by Constitutional provision.)
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Waddell Williams Wilson
NAYS
Thomas
Recorded Vote
Senator THOMAS desires to be recorded as voting against the second reading of the Joint Resolution.
The Joint Resolution having been read the second time and having received the necessary two-thirds vote of the Senate, was passed and ordered placed on the Calendar for a third reading.
At 12:46 P.M., on motion of Senator MULLINAX, the Senate receded from business until 2:05 P.M.
At 2:22 P.M., the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 2:05 P.M. and the following Acts were ratified:
(R335) S. 1059 -- Senator Leatherman: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE FLORENCE SYMPHONY ORCHESTRA.
(R336) H. 3901 -- Rep. Wilkins: AN ACT TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVERS' LICENSING REQUIREMENTS, SO AS TO PROVIDE THAT A CITIZEN OF FRANCE WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN SOUTH CAROLINA, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY THAT NATION MAY DRIVE IN THIS STATE FOR FOUR YEARS.
At 2:26 P.M., on motion of Senator MULLINAX, the Senate adjourned to meet tomorrow at 11:00 A.M.
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