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:
St. Paul wrote to the Ephesians, who lived in a land of sensual and voluptuous idols,(6:11):
"Put on the whole armor of God,
That you may be able to stand
Against the wiles of the devils."
Let us pray.
Our Father, as we study the Book of Life, we understand that in the arsenal of the Lord's warrior there is no armor provided for the back, which indicates that the soldier of the Lord is not intended to run from the battle, but to stand and fight the daily fight of faith.
So, today:
Against our enemy of uncertainty and indecision... give us constant hope and decisiveness in our thinking.
Against our enemies of impatience, and frustration, renew our quiver with arrows of spiritual strength.
Against our enemy of anxiety that eats away at the hearts of some of us, be our consolation... our healing of body and mind... through Christ our Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 24, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Lexington County, with term to begin February 3, 1990 and expire April 30, 1991:
Thomas H. Rawl, III, 1347 Counts Ferry Road, Lexington, S.C. 29072 VICE James Douglas (retiring)
Senator NELL W. SMITH introduced Dr. William J. Gaudelock of Easley, Doctor of the Day.
On motion of Senator POPE, Senator HOLLAND was granted a leave of absence for Wednesday and today.
Columbia, S.C., January 24, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
S. 563 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX MAPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1022, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 24, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4197 -- Rep. White: A BILL TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION OF BEAUFORT COUNTY, SO AS TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY WHENEVER THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
On motion of Senator POPE, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.
Columbia, S.C., January 25, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 595 -- Senator Macaulay: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT REGISTRATION OF MOTOR VEHICLES, THE MONETARY PENALTIES FOR LATE REGISTRATION, AND THE CRIMINAL PENALTIES FOR OPERATING AN UNLICENSED VEHICLE, SO AS TO PROVIDE THAT THE MONETARY PENALTIES FOR LATE REGISTRATION MAY NOT BE IMPOSED AGAINST THE LATE REGISTRATION OF CAMPERS OR TRAVEL TRAILERS.
asks for a Committee of Conference, and has appointed Reps. Alton, Beasley and McTeer of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators POPE, MACAULAY and WILSON of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 757 -- Senator McLeod: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO SUPPORT S. 231, THE AID TO FAMILIES WITH DEPENDENT CHILDREN QUALITY CONTROL IMPROVEMENT ACT OF 1989, WITH AN EXCEPTION.
Returned with concurrence.
Received as information.
S. 841 -- Senators Passailaigue, Bryan, Giese, Helmly, Leatherman, Lindsay, McConnell, Rose, Setzler, Horace C. Smith, J. Verne Smith, Stilwell, Thomas, Mitchell and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL.
Returned with concurrence.
Received as information.
S. 844 -- Senators Rose, 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, Russell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR THE CHINESE PEOPLE SEEKING FREEDOM AND DEMOCRACY AND TO DEPLORE THE VIOLENT REPRESSION OF PEACEFUL DEMONSTRATIONS AND TO ASK FREEDOM LOVING PEOPLE EVERYWHERE TO DENOUNCE THE TRANSGRESSIONS WHICH HAVE BEEN COMMITTED AGAINST THE CHINESE.
Returned with concurrence.
Received as information.
S. 1134 -- Senator McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE WALTERBORO HIGH SCHOOL BULLDOG FOOTBALL TEAM AND ITS COACHES UPON THE CONCLUSION OF A TRULY OUTSTANDING 1989 SEASON.
Returned with concurrence.
Received as information.
S. 1014 -- Senators McLeod, Lourie and Nell W. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS EITHER TO REDUCE SOUTH CAROLINA MEDICARE PREMIUMS OR TO EQUALIZE BENEFITS TO PERSONS ACROSS THE NATION AND TO PROTECT MEDICARE IN ITS BUDGET DELIBERATIONS FOR FISCAL YEAR 1991.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1142 -- Senator Hinds: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO GEORGETOWN COUNTY SHERIFF MICHAEL CARTER ON HIS ELECTION AS SOUTH CAROLINA SHERIFF OF THE YEAR FOR 1989 BY THE SOUTH CAROLINA SHERIFFS' ASSOCIATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1143 -- Senators Lourie, Martschink, Fielding, McConnell and Passailaigue: A CONCURRENT RESOLUTION COMMENDING EDWIN S. PEARLSTINE OF CHARLESTON COUNTY FOR HIS SUPERB SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA AERONAUTICS COMMISSION AND THANKING HIM FOR HIS DEDICATION, HIS EXCELLENT HARD WORK, AND HIS LEADERSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1144 -- Senators Lourie, Saleeby, Giese, Courson, Patterson and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE MR. FRANK SUMNER SMITH, JR., OF COLUMBIA, THE VICE CHAIRMAN AND CORPORATE SECRETARY OF COLONIAL LIFE AND ACCIDENT INSURANCE COMPANY, WHO WAS HONORED AS HUMANITARIAN OF THE YEAR THURSDAY, JANUARY 18, 1990, BY THE PALMETTO SOCIETY OF THE UNITED WAY OF THE MIDLANDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1145 -- Senators Lourie and Mullinax: A CONCURRENT RESOLUTION TO THANK AND COMMEND GUNTHER GEBEL-WILLIAMS OF RINGLING BROTHERS AND BARNUM AND BAILEY CIRCUS, UPON HIS RETIREMENT FROM THE ENTERTAINMENT ARENA AND FOR THE MANY YEARS OF HAPPINESS HE HAS GIVEN TO THE CITIZENS OF SOUTH CAROLINA, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1146 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 47, TITLE 12 SO AS TO PROVIDE A PROCEDURE FOR A JURY TRIAL ON PROPERTY VALUATION AND FOR A TAXPAYER TO PETITION THE COURT OF COMMON PLEAS FOR A CHANGE OR REDETERMINATION OF TAXES DUE BEFORE PAYMENT, TO STAY COLLECTION OF THE TAX WHILE UNDER REVIEW, AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON THE UNPAID TAX ON FINAL JUDGMENT.
Read the first time and referred to the Committee on Finance.
S. 1147 -- Senator Hinds: A BILL TO AMEND SECTION 2-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE CODE, SO AS TO INCLUDE THE OFFICE OF COUNTY ATTORNEY IN THE DISTRIBUTION.
Read the first time and referred to the Committee on Judiciary.
S. 1148 -- Senator Drummond: A BILL TO AMEND SECTION 13-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTROL AND REGULATION OF RADIATION SOURCES, SO AS TO DELETE THE PROVISIONS FOR REGULATIONS PERTAINING TO THE QUALIFICATIONS OF OPERATORS APPLYING IONIZING RADIATION TO HUMANS AND REQUIRING THE OPERATORS TO BE CERTIFIED OR EXEMPTED; SECTION 13-7-45, RELATING TO THE REGULATION OF AND THE FEES FOR THE LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO DELETE THE PROVISIONS FOR THE CERTIFICATION OF THE USERS; AND ACT 449 OF 1986, RELATING TO THE CERTIFICATION OF OPERATORS OF SOURCES OF IONIZING RADIATION, SO AS TO DELETE THE PROVISIONS FOR A PERSON EXEMPTED FROM THE CERTIFICATION REQUIREMENTS FOR PRACTICING AS AN OPERATOR OF SOURCES OF IONIZING RADIATION.
Read the first time and referred to the Committee on Medical Affairs.
S. 1149 -- Senators Gilbert, Saleeby and Leatherman: 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.
Read the first time and on motion of Senator GILBERT, with unanimous consent, was ordered placed on the Calendar without reference.
S. 1150 -- Senators Rose, McGill and Drummond: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706, SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN ANY GAME ZONE, TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
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.
Read the first time and on motion of Senator WADDELL, with unanimous consent, was ordered placed on the Calendar without reference.
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.
Without reference.
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.
Without reference.
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.
Without reference.
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.
Without reference.
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.
Without reference.
S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.
Without reference.
H. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.
Read the first time and referred to the Committee on Judiciary.
H. 3852 -- Rep. McLellan: A BILL TO AMEND SECTIONS 8-11-720 AND 8-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEAVE-TRANSFER PROGRAM, SO AS TO PROVIDE THE AMOUNT OF LEAVE AN EMPLOYEE MAY DONATE IN ONE YEAR AND TO PROVIDE THAT APPROVAL BY THE BUDGET AND CONTROL BOARD OR ITS DESIGNEE IS FINAL.
Read the first time and referred to the Committee on Finance.
H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.
Read the first time and referred to the Committee on Judiciary.
H. 4492 -- Reps. P. Harris, J. Harris, Carnell and Mattos: A CONCURRENT RESOLUTION TO RECOGNIZE THE COMMUNITY AS THE PRIMARY LOCUS FOR SERVICE TO THE MENTALLY ILL.
Referred to the Committee on Medical Affairs.
H. 3662 -- Rep. Harvin: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE INSURANCE LAWS OF THIS STATE, SO AS TO INCLUDE "JOB PROTECTION INSURANCE" IN THE DEFINITION OF "CASUALTY INSURANCE", TO SET FORTH WHAT JOB PROTECTION INSURANCE DOES NOT APPLY TO, TO EXEMPT INDIVIDUALS WHO SOLICIT JOB PROTECTION INSURANCE ON BEHALF OF CERTAIN INSURANCE CARRIERS FROM HAVING TO TAKE AND PASS A WRITTEN EXAMINATION IN ORDER TO BE LICENSED, AND TO PROVIDE THAT COVERAGES PROVIDED UNDER THIS TYPE OF INSURANCE ARE NOT SUBJECT TO GUARANTY FUNDS UNLESS SPECIFICALLY INDICATED IN THE LAWS GOVERNING THOSE FUNDS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3975 -- Rep. McAbee: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY TO FINANCE REDEVELOPMENT PROJECTS BY MEANS OF TAX-INCREMENT FINANCING.
Read the first time and referred to the Committee on Judiciary.
H. 4094 -- Reps. Lockemy, Harwell, J. Rogers, Beasley, Neilson and Baxley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 9 BYPASS IN DILLON COUNTY IN MEMORY OF GEORGE TILLMAN RADFORD, A TROOPER WITH THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.
Referred to the Committee on Transportation.
H. 4330 -- Reps. O. Phillips, Carnell and L. Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ENACT WITHOUT DELAY APPROPRIATE LEGISLATION WHICH WOULD LIMIT THE AMOUNT OF TEXTILE AND APPAREL IMPORTS INTO THE UNITED STATES.
Referred to the Committee on Labor, Commerce and Industry.
H. 3882 -- Rep. McLellan: A BILL TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL; AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.
Read the first time and on motion of Senator WADDELL, with unanimous consent, was ordered placed on the local and uncontested Calendar without reference.
H. 4399 -- Reps. Holt, Winstead, Washington, Whipper, D. Martin, Barber, J. Bailey, Mappus, Keyserling, G. Bailey, Davenport, Elliott, Stoddard, Harvin, Bennett, Huff, Smith, K. Bailey, McAbee, White, Rudnick, Burch, P. Harris, Tucker, T.M. Burriss, Corning, McBride, J. Harris, Faber, Waites, Wilkes, Jaskwhich, J.W. Johnson and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE ISLE OF PALMS CONNECTOR BETWEEN THE ISLE OF PALMS AND HIGHWAY 17 IN CHARLESTON COUNTY IN HONOR OF CLYDE MOULTRIE DANGERFIELD, FORMER CHAIRMAN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND DISTINGUISHED MEMBER OF THE GENERAL ASSEMBLY FOR MORE THAN THIRTY-FIVE YEARS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4449 -- Rep. Bruce: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE CURTIS W. ANDERSON OF SPARTANBURG COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4482 -- Rep. McCain: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF MRS. HARRY DELLE THOMPSON CONE OF ORANGEBURG IN ORANGEBURG COUNTY, BELOVED WIFE OF DR. G. PRESTON CONE, SR., AND MOTHER OF DR. GEORGE P. CONE, JR., AND HARRY T. CONE, ESQUIRE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4488 -- Reps. McBride, T. Rogers, M.D. Burriss, Quinn, Faber, Corning, Waites, J. Brown, Taylor, Harrison and T.M. Burriss: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CHRISTOPHER DONNIAL SHARPER OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4489 -- Reps. McBride, T. Rogers, M.D. Burriss, Quinn, Faber, T.M. Burriss, Waites, J. Brown, Taylor, Corning and Harrison: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TYSKI REANARD GABRIEL OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4490 -- Reps. Farr and Phillips: A CONCURRENT RESOLUTION CONGRATULATING SHERIFF WILLIAM A. JOLLY OF UNION COUNTY ON BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA SHERIFFS' ASSOCIATION FOR 1990-91.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4493 -- Reps. McLeod, Baxley, Blanding, G. Brown and McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE SAINT JAMES LUTHERAN CHURCH IN SUMTER UPON THE ONE HUNDREDTH ANNIVERSARY OF ITS ORGANIZATION, MARCH 11, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
S. 1089 -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE THE NORTH AUGUSTA HIGH SCHOOL "YELLOW JACKETS" FOOTBALL TEAM AND ITS COACHES ON WINNING THE STATE CLASS AAAA CHAMPIONSHIP AND INVITE THEM TO VISIT IN THE SENATE CHAMBER AT 11:30 A.M. ON THURSDAY, JANUARY 25, 1990.
On prior motion of Senator MOORE, the Privilege of the Chamber to that area behind the rail, was extended to the North Augusta High School "Yellow Jackets" Football Team and its coaches.
Senator MOORE presented Coach Utsey with Resolutions commending the team upon winning the 1989 AAAA State Championship.
On motion of Senator SHEALY, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
S. 1062 -- Senator Lourie: A SENATE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE ON SATURDAY AND SUNDAY, JANUARY 27 AND 28, 1990, TO REQUEST THE DIVISION OF GENERAL SERVICES TO PROVIDE FOR REASONABLE USE OF THE UNDERGROUND PARKING FACILITIES, AND TO ARRANGE FOR ASSISTANCE AND ACCESS BY THE APPROPRIATE SECURITY OFFICES.
On motion of Senator MOORE, with unanimous consent, the Senate Resolution was recalled from the Committee on Invitations. On motion of Senator MOORE, the Senate Resolution was adopted.
H. 4380 -- Reps. McKay, Harwell, McEachin, Nettles and Glover: A BILL TO PROVIDE FOR THE MANNER IN WHICH THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 4 IN FLORENCE COUNTY MUST BE ELECTED AND FOR THE METHOD OF ESTABLISHMENT OF THE TAX MILLAGE FOR THE DISTRICT.
On motion of Senator LEATHERMAN, the Bill was referred to the Local Delegation.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1105 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR PROCESSING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.
S. 883 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED.
S. 989 -- Senator Waddell: A BILL TO AMEND SECTION 23-43-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND REQUIRED OF LICENSED MANUFACTURERS OF MODULAR BUILDINGS AND REPRESENTATIVES OF MANUFACTURERS OF MODULAR BUILDINGS, SO AS TO ALLOW COLLATERAL ACCEPTABLE TO THE STATE TREASURER TO BE SUBSTITUTED FOR THE BOND.
S. 1044 -- Senator Pope: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2045 RELATING TO TRUCK DRIVER TRAINING SCHOOLS SO AS TO PROVIDE THAT A PERSON QUALIFIES TO BE A STUDENT AT A TRUCK DRIVER TRAINING SCHOOL IN THIS STATE IF HE HAS A SOUTH CAROLINA CLASS THREE LEARNER'S PERMIT OR AN EQUIVALENT PERMIT ISSUED BY HIS STATE OF RESIDENCE.
(On motion of Senator POPE, with unanimous consent)
S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.
S. 1133 -- Senators McGill, Hinds, Land and Drummond: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706, SO AS TO PROVIDE FOR THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE NO. 9 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(On prior motion of Senator McGILL, with unanimous consent)
S. 1113 -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT THE NUMBER OF INSTRUCTIONAL SCHOOL DAYS REQUIRED PURSUANT TO SECTIONS 59-1-420 AND 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, BE REDUCED BY FIVE DAYS FOR THOSE SCHOOL DISTRICTS WHICH MISSED TEN OR MORE INSTRUCTIONAL DAYS DUE TO HURRICANE HUGO, TO PROVIDE THAT THESE LOCAL SCHOOL DISTRICT BOARDS OF TRUSTEES MAY REQUEST THAT THE STATE BOARD OF EDUCATION WAIVE ADDITIONAL INSTRUCTIONAL DAYS, AND TO PROVIDE FOR THE WAIVER OF STAFF DEVELOPMENT AND TEACHER WORK DAYS IN ORDER TO MAKE UP INSTRUCTIONAL DAYS.
On motion of Senator SETZLER, with unanimous consent, the Joint Resolution was taken up for immediate consideration.
The question being the third reading of the Joint Resolution.
Senator SETZLER spoke on the Joint Resolution.
Senator SETZLER proposed the following amendment (Doc. No. 0526o), which was adopted:
Amend the Joint Resolution, as and if amended, by striking subsections (A) and (B) of SECTION 1 and inserting:
/(A) Notwithstanding the provisions of Sections 59-1-420 and 59-1-430 of the 1976 Code, the number of days required for student instruction shall be reduced by five days for the 1989-90 school year for those school districts which missed ten or more instructional days due to Hurricane Hugo. The local school district board of trustees of a district which missed ten or more instructional days due to Hurricane Hugo may request an additional waiver of instructional days for the district and for individual schools within the district. The State Board of Education shall be authorized to consider these waiver requests and to allow a school district to waive additional days. Further, the State Board of Education shall be authorized to consider waiver requests for individual schools which missed more days than the majority of schools in a district, and to allow these individual schools to waive additional days, as required, so as to attend concurrently with other schools in the district for the remainder of the school year. Staff development and teacher work days in school districts may be waived, as needed, in order to make up instructional days for students.
(B) Notwithstanding the provisions of Section 59-1-420 and Section 59-1-430 of the 1976 Code, the local school district board of trustees of a district which missed fewer than ten instructional days due to Hurricane Hugo may waive up to one-half of the total days missed but not to exceed five days. The local school district board of trustees may request a waiver of the remaining additional instructional days missed for the district and for individual schools within the district. The State Board of Education is authorized to consider these waiver requests. Further, the State Board of Education is authorized to consider waiver requests for individual schools which missed more days than the majority of schools in a district, and to allow these individual schools to waive additional days, as required, so as to attend concurrently with other schools in the district for the remainder of the school year. Staff development and teacher work days in school districts may be waived, as needed, in order to make up instructional days for students./
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the third time, passed and ordered sent to the House of Representatives with amendments.
S. 1119 -- Senators Shealy, Wilson and Setzler: A SENATE RESOLUTION INVITING LEXINGTON MIDDLE SCHOOL'S ACADEMIC TEAM, MS. FRANCES DANTZLER, THE TEAM'S COORDINATOR, ADVISER, AND COACH, MR. CHARLES GATCH, SCHOOL PRINCIPAL, AND DR. CHESTER FLOYD, SUPERINTENDENT OF LEXINGTON SCHOOL DISTRICT NUMBER ONE, TO THE STATE HOUSE TO BE FORMALLY WELCOMED AND RECOGNIZED IN THE SENATE CHAMBER ON WEDNESDAY, JANUARY 24, 1990, AT 11:30 A.M.
The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the amendment proposed by the Committee on Invitations.
The Committee on Invitations proposed the following amendment (Doc. No. 0423I), which was adopted:
Amend the resolution, as and if amended, on page 2, by striking the first paragraph after the resolving clause in its entirety and inserting the following:
"That the Senate, by this resolution, invites Lexington Middle School's academic team, Ms. Frances Dantzler, the team's coordinator, adviser, and coach, Mr. Charles Gatch, school principal, and Dr. Chester Floyd, superintendent of Lexington School District Number One, to the State House and further be granted admission to the Senate Chamber to the area behind the rail to be formally welcomed and recognized on Wednesday, February 7, 1990, at 11:30 A.M."
There being no further amendments, the Senate Resolution was adopted.
H. 4316 -- Reps. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 28, 1990, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The Concurrent Resolution was adopted, ordered returned to the House.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general 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.
(On motion of Senator POPE)
S. 808 -- Senator Wilson: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (Doc. No. 2121J), which was adopted:
Amend the bill, as and if amended, page 1, on line 8 of Section 7-9-90, as contained in SECTION 1, by striking /President/ and inserting therein /president/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (Doc. No. 0083X), which was adopted:
Amend the Resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. For tax year 1990 only, the time for appeals of the assessed value of real property damaged by Hurricane Hugo on September 21 and 22, 1989, is extended in those counties declared federal disaster areas as a result of Hurricane Hugo from March 1, 1990, to include the period ending on the thirtieth day after the date of the tax notice on the property. Appeals filed during this extension may be based only on changes in assessed value attributable to damage caused by Hurricane Hugo and the burden of proof of that fact is on the taxpayer./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE proposed the following amendment (Doc. No. 0086X), which was withdrawn:
Amend the Resolution, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. The running of the thirty-day period to file an appeal of the decision of a county assessor to the county board of tax appeals is tolled from September 21, 1989, until ten days after the effective date of this act in those counties declared disaster areas as a result of Hurricane Hugo.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
On motion of Senator PASSAILAIGUE, with unanimous consent, the amendment was withdrawn.
There being no further amendments, the Joint Resolution was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
S. 1141 -- Senators McGill, Drummond, Gilbert and Leatherman: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-707, SO AS TO PROVIDE FOR THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE NO. 10 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(On prior motion of Senator McGILL, with unanimous consent)
S. 904 -- Senator Saleeby: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 6 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (Doc. No. 0484o), which was adopted:
Amend the bill, as and if amended, in Section 34-6-70 of the 1976 Code, as contained in SECTION 1, by striking subsection (B) of the section and inserting:
/(B) If written consent of the donor cannot be obtained by reason of his death, disability, unavailability, or impossibility of identification, the governing board may:
(1) release, in whole or in part, a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund, if the governing board first obtains the written consent of all of the children or heirs of the donor in the generation closest to donor's which has a living heir; or
(2) apply in the name of the institution to the Circuit Court for release of a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund. The Attorney General must be notified of the application and must be given an opportunity to be heard. If the court finds that the restriction is obsolete, inappropriate, or impracticable, it may by order release the restriction in whole or in part. A release under this subsection may not change an endowment fund to a fund that is not an endowment fund./
Amend title to conform.
Senator SALEEBY spoke on the committee amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading on Friday, January 26, 1990.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator LEATHERMAN moved that the Senate dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 554 -- Senator Lourie: A BILL TO AMEND SECTION 57-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNMENT OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO CHANGE THE NAME OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE CHIEF COMMISSIONER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Senator LEATHERMAN asked unanimous consent to make a motion to remove S. 554 from Special Order status and place the Bill on the Calendar for second reading.
Senator MARTSCHINK objected.
Senator MARTSCHINK argued contra to the Bill.
Senator HORACE C. SMITH assumed the Chair.
Senator MARTSCHINK continued arguing contra to the Bill.
The PRESIDENT assumed the Chair.
Senator MARTSCHINK argued contra to the Bill.
Senator GIESE argued in favor of the Bill.
Senator LEATHERMAN asked unanimous consent to renew the motion to remove S. 554 from Special Order status and place the Bill on the Calendar for second reading.
Senator LEATHERMAN withdrew the unanimous consent request.
Senator LONG spoke on the Bill.
Senator PASSAILAIGUE argued contra to the Bill.
Senator LEATHERMAN raised a Point of Order that the speaker was out of order inasmuch as the motion to remove S. 554 from Special Order status and place the Bill on the Calendar for second reading was the matter under consideration.
The PRESIDENT overruled the Point of Order and stated that inasmuch as the motion to remove S. 554 from the Special Order status had been withdrawn, the speaker was in order as the matter under consideration was the second reading of the Bill.
Senator PASSAILAIGUE continued speaking on the Bill.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was removed from the status of Special Order and placed on the Calendar for second reading.
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.
On motion of Senator BRYAN, the Joint Resolution was carried over.
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 MOORE asked unanimous consent to make a motion to place the Bill in the status of Special Order.
Senator MATTHEWS objected.
Senator NELL W. SMITH rose to a Point of Personal Privilege.
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.
On motion of Senator BRYAN, with unanimous consent, S. 405 was removed from Special Order status and placed on the second reading Calendar and H. 3811 assumed the status of Special Order in place of S. 405.
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.
On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration. The question being the second reading of the Bill.
Senators BRYAN and McCONNELL proposed the following amendment (Doc. No. 2507J), which was adopted:
Amend the bill, as and if amended, page 2, by striking line 1 and inserting therein the following:
/Judiciary Committees or a designee by either chairman from the membership of the respective committees; the/ .
Amend the bill further, page 2, by striking lines 3 through 7 and inserting therein the following:
/House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of the State of South Carolina or their designees from the membership of the General Assembly. Such The ex officio members,/
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following amendment (Doc. No. 0417I), which was withdrawn:
Amend the bill, as and if amended, page 405-4, item (b) of Section 2-15-10 as contained in Section 3, line 32 by striking the words "fiscal investigations and" and inserting the words "fiscal investigations and".
Amend further item (b), lines 35-36, by striking the words "the Speaker of the House, the President Pro Tempore of the Senate,"
Amend title to conform.
On motion of Senator BRYAN, with unanimous consent, the amendment was withdrawn.
Senator McCONNELL proposed the following amendment (Doc. No. 4950P), which was adopted:
Amend the bill, as and if amended, page 4, beginning on line 16, by striking SECTION 4 in its entirety and inserting therein:
/SECTION 4. Section 2-15-100 of the 1976 Code is repealed./
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
On motion of Senator SHEALY, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Reappointment, Master-in-Equity, Calhoun County, with term to expire August 14, 1991:
Thomas P. Culclasure, P.O. Box 183, St. Matthews, S.C. 29135
Appointment, Magistrate, Lexington County, with term to begin February 3, 1990 and expire April 30, 1991:
Thomas H. Rawl, III, 1347 Counts Ferry Road, Lexington, S.C. 29072 VICE James Douglas (retiring)
By prior motion Senator WADDELL moved that when the Senate adjourns, it stand adjourned to meet on Friday, January 26, 1990, at 11:00 A.M. for local and uncontested matters, and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, January 30, 1990, at 12:00 Noon.
At 1:06 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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