Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, "The New English Bible" gives fresh meaning to Psalm 46 (vv. 4-5):
"There is a river whose streams
gladden the city of God,
Which the Most High has made
His holy dwelling;
God is in that city; she will
not be overthrown, and
He will help her at the break
of day."
Let us pray.
Eternal and most blessed Lord, we are concerned about our cities. In this hallowed moment, dedicated to Your praise, and the confession of our need of Your help, may we know what it is to be still and know that You can gladden our cities and towns and countrysides... if we, for our part, fulfill the conditions of commitment.
In a world where so much is sad... and bad, give us the kind of faith that makes us glad... not with the Polyanna optimism of some... but with the quiet confidence that the last word will not be said by the enemies of faith, but by the Lord Himself... as the Judge of all the earth, and the Redeemer of those who put their trust in Him.
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 Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leventis Long Macaulay Martin Martschink Matthews McConnell McGill McLeod Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Setzler Shealy Smith, H.C. Smith, N.W. Stilwell Waddell Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 1, 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, Member, Alcohol Beverage Control Commission, with term to expire June 30, 1991:
Wilbur Hodge, P.O. Box 16325, Greenville, S.C. 29606 VICE Elliott D. Thompson (resigned)
Referred to the Committee on Finance.
February 1, 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.
Reappointment, Member, Horry County Board of Voter Registration, with term to expire March 15, 1992:
Ernest Lawrimore, Route 9, Box 249, Conway, S.C. 29526
February 1, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, Chester County Board of Voter Registration, with terms to expire March 15, 1992:
Martha F. Love, P.O. Box 181, Chester, S.C. 29706
Ernest L. Atkinson, 200 Ashford St., Chester, S.C. 29706
Margaret C. Franklin, 40 Pendleton St., Great Falls, S.C. 29055
Marion B. Kee, Route 1, Box 202K2, Richburg, S.C. 29729
Wade H. McManus, 104 Courtland St., Chester, S.C. 29706
February 1, 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, Member, Abbeville County Board of Voter Registration, with term to expire March 15, 1992:
Eugene W. Smith, Post Office Box 8, Abbeville, S.C. 29620
Senator BRYAN introduced Dr. Richard M. Carter of Greenwood, Doctor of the Day.
On motion of Senator GIESE, Senator THOMAS was granted a leave of absence for today.
On motion of Senator MOORE, Senator SALEEBY was granted a leave of absence for today.
On motion of Senator GILBERT, Senator LEATHERMAN was granted a leave of absence for today.
On motion of Senator MOORE, Senator J. VERNE SMITH was granted a leave of absence for today.
On motion of Senator MOORE, Senator LOURIE was granted a leave of absence for today.
On motion of Senator MATTHEWS, Senator FIELDING was granted a leave of absence for today.
Senator SETZLER rose to a Point of Personal Privilege.
Senator McLEOD rose to a Point of Privilege.
Columbia, S.C., January 31, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Waites, Whipper and Neilson of the Committee of Conference on the part of the House on:
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
Received as information.
S. 1185 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION TO CONGRATULATE HOWARD AND MARGARET TIMBERLAKE OF COLUMBIA IN RICHLAND COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1185 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION TO CONGRATULATE HOWARD AND MARGARET TIMBERLAKE OF COLUMBIA IN RICHLAND COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1186 -- Senator Waddell: A BILL TO AMEND SECTION 8-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFERRED COMPENSATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO EIGHT WITH THE ADDITIONAL APPOINTEE REQUIRED TO BE A RETIRED PUBLIC EMPLOYEE AND DELETE ARCHAIC PROVISIONS.
Read the first time and referred to the Committee on Finance.
S. 1187 -- Senators Setzler, Lourie, Passailaigue, Courson, Giese, Helmly, Hinds, Martschink, Moore, Pope, Rose, Horace C. Smith, Stilwell, Waddell, Williams and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 44-53-445 SO AS TO PROVIDE FOR A ONE-MILE DRUG-FREE ZONE AROUND ANY PUBLIC OR PRIVATE SCHOOL, COLLEGE, UNIVERSITY OR TECHNICAL COLLEGE IN THE STATE; TO EXPAND CRIMINAL SANCTIONS TO PERSONS GUILTY OF PURCHASING CONTROLLED SUBSTANCES IN THE DRUG-FREE ZONE; AND TO PROVIDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED NOR PROBATION GRANTED.
Read the first time and referred to the Committee on Judiciary.
S. 1188 -- Senators Rose and McGill: A BILL TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-156 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO A COUNTY BOARD OF REGISTRATION.
Read the first time and referred to the Committee on Judiciary.
S. 1189 -- Senators Rose and McGill: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-158 SO AS TO REQUIRE ALL PUBLIC HIGH SCHOOLS, COLLEGES, AND UNIVERSITIES TO MAKE VOTER REGISTRATION FORMS AVAILABLE TO THE STUDENTS, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO A COUNTY BOARD OF REGISTRATION.
Read the first time and referred to the Committee on Judiciary.
S. 1190 -- Senators Rose and McGill: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-157 SO AS TO REQUIRE A VOTER REGISTRATION FORM TO BE INCLUDED WITH EACH SOUTH CAROLINA INCOME TAX RETURN, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO A COUNTY BOARD OF REGISTRATION.
Read the first time and referred to the Committee on Judiciary.
S. 1191 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NORTHBRIDGE TERRACE RECREATIONAL PARK IN CHARLESTON COUNTY.
Read the first time and referred to the Committee on Judiciary.
S. 1192 -- Senators Mullinax, Macaulay and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1290 SO AS TO PROVIDE A TAX CREDIT FOR A TAXPAYER WITH A BUSINESS OF TWENTY-FIVE OR FEWER EMPLOYEES FOR WHOM HE PROVIDES HEALTH INSURANCE.
Read the first time and referred to the Committee on Finance.
S. 1193 -- Senators Martschink and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO CREATE AN EXECUTIVE CABINET BY PROVIDING THAT THESE OFFICES MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR INSTEAD OF POPULAR ELECTION BY THE QUALIFIED VOTERS OF THIS STATE, EXCEPT FOR COMPTROLLER GENERAL, DELETING THE OFFICE OF COMPTROLLER GENERAL, CHANGING THE REFERENCE TO TREASURER TO SECRETARY OF THE TREASURY, THE REFERENCE TO SUPERINTENDENT OF EDUCATION TO SECRETARY OF EDUCATION, AND THE REFERENCE TO COMMISSIONER OF AGRICULTURE TO SECRETARY OF NATURAL RESOURCES, DELETING THE LIMITATION OF THEIR TERMS TO FOUR YEARS, AND PROVIDING FOR THE GOVERNOR TO APPOINT A SECRETARY OF HEALTH AND HUMAN SERVICES AND A SECRETARY OF TRANSPORTATION.
Read the first time and referred to the Committee on Judiciary.
S. 1194 -- Senators Rose, McGill and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT THE COMMISSION ON AGING CONDUCT A STUDY OF THE NEEDS OF RETIREES IN THE STATE, AND TO STUDY AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON MAKING SOUTH CAROLINA A MORE ATTRACTIVE RESIDENCE TO RETIREES.
Read the first time and referred to the Committee on Medical Affairs.
H. 3441 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO FIFTEEN DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.
Read the first time and referred to the Committee on Judiciary.
H. 4190 -- Reps. Foster and Harvin: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1989-90 SCHOOL YEAR, A TOTAL OF FIVE DAYS MAY BE EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BECAUSE OF BAD WEATHER BE MADE UP FOR DAYS MISSED AS A RESULT OF HURRICANE "HUGO" AND TO PROVIDE THAT ADDITIONAL DAYS MAY BE EXEMPTED FOR SCHOOL SYSTEMS THAT WERE SEVERELY DAMAGED AND DISRUPTED.
Read the first time and on motion of Senator SETZLER, with unanimous consent, was ordered placed on the Calendar without reference.
On motion of Senator SETZLER, H. 4190 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4300 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNCREEN DEVICES ON MOTOR VEHICLES, SO AS TO INCREASE THE SIZE OF THE LABEL REQUIRED TO BE INSTALLED ON THE DEVICES FROM ONE AND ONE-HALF SQUARE INCH TO TWO SQUARE INCHES AND TO REQUIRE THE LABEL TO INCLUDE THE INSTALLER'S NAME, ADDRESS, AND TELEPHONE NUMBER INSTEAD OF THE MANUFACTURER'S NAME.
Read the first time and referred to the Committee on Transportation.
H. 4524 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE CHESTERFIELD HIGH SCHOOL FOR RECEIVING A TARGET 2000 COMPETITIVE DROPOUT PREVENTION AND RETRIEVAL GRANT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4555 -- Reps. White, Keyserling and Cork: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. EDDIE KLINE, SR., OF BEAUFORT COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Reappointment, Member, Workers Compensation Commission, with term to expire June 30, 1996:
R. Walter Hundley, 10 Ashmead Place, Charleston, S.C. 29403
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.
On motion of Senator McLEOD, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Medical Affairs.
On motion of Senator McLEOD, with unanimous consent, the Resolution was taken up for immediate consideration.
On motion of Senator McLEOD, the Concurrent Resolution was adopted, ordered returned to the House.
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.
On motion of Senator WADDELL, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator WADDELL, the Bill was referred to the Committee on Finance.
On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 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.
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.
H. 4266 -- Rep. Haskins: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ACADEMY OF ARTS, INC., IN GREENVILLE COUNTY.
H. 4288 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JASMINE INTERIORS, INC., IN HORRY COUNTY.
H. 4289 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CENTURION CORPORATION IN HORRY COUNTY.
The following Bills and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:
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.
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.
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. 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.
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. 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.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (Doc. No. 0305X) was adopted as follows:
Amend the bill, as and if amended, by striking Sections 12-9-510, 12-9-530, and 12-9-540, as contained in SECTION 1, and inserting:
/"Section 12-9-510. (A) In a sale of real property and associated tangible personal property owned by a nonresident, the buyer shall withhold and pay over to the commission an amount equal to seven percent of the amount realized by the seller on the sale if the seller is other than a corporation or five percent if the seller is a corporation. However, if the amount required to be withheld pursuant to this subsection exceeds the net proceeds payable to the seller, the buyer shall withhold and pay over to the commission only the net proceeds otherwise payable to the seller.
(B) If the seller determines that the amount required to be withheld pursuant to subsection (A) will result in excess withholding on any gain required to be recognized from the sale, the seller may provide the buyer an affidavit signed under penalties of perjury stating the amount of the gain required to be recognized from the sale, and the buyer shall withhold the applicable percentage of the amount of the gain required to be recognized, if any, stated in the affidavit rather than as provided in subsection (A). However, if the amount required to be withheld pursuant to this subsection exceeds the net proceeds payable to the seller, the buyer shall withhold and pay over to the commission only the net proceeds otherwise payable to the seller.
(C) If a withholding payment made pursuant to subsection (A) results in excess withholding on any gain required to be recognized from the sale, the seller may file a claim for refund of excess withholding with the commission that includes an affidavit as provided in subsection (B) and the commission shall refund the difference between the amount withheld pursuant to subsection (A) and the amount required to be withheld as provided in subsection (B).
Section 12-9-530. The tax withheld under this article must be paid to the commission on or before the fifteenth day of the month following the month in which the completion of the sale occurs. The commission shall develop forms for reporting and remitting.
Section 12-9-540. For the purposes of this article: 'nonresident', 'gain', 'amount realized', and the date the sale occurs are determined as they are for South Carolina income tax purposes including the adoption of Section 1001 of the Internal Revenue Code as defined in Section 12-7-20(11)."/
Amend further in Article 6, as contained in SECTION 1, by adding:
/Section 12-9-550. The lending institution, real estate agent, and closing attorney are not liable for the collection of any amount due from the buyer pursuant to this article./
Amend further by striking SECTION 3 and inserting:
/SECTION 3. This act is effective on the first day of the second month following approval by the Governor and applies with respect to sales which are finally completed on and after that date. For sales which are finally completed before the effective date of this act, the law in effect before the effective date of this act continues to apply, except that for sales made before the effective date of this act, the seller may apply for a refund under the provisions of item (C) of Section 12-9-510 of the 1976 Code as contained in this act./
Amend title to conform.
Senator WADDELL explained the amendment.
On motion of Senator WADDELL, the amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
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".
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.
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.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator HINDS proposed the following amendment (Doc. No. 2592J), which was adopted:
Amend the bill, as and if amended, page 2, line 2, in Section 16-7-35(C), as contained in SECTION 1, by inserting after /both./ the following:
/Each sale or offer for sale in violation of this section constitutes a separate offense./
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.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 2490J) was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 25, Section 29-3-321, as contained in SECTION 1, by striking lines 25 through 32 and inserting therein the following:
/"Section 29-3-321. When no written instructions to the contrary are given by the mortgagor or a closing agent, acting on behalf of the mortgagor, to the mortgagee or to an assignee of the mortgage, and when the mortgagee or assignee of the mortgage is a financial institution, the mortgagee or assignee is responsible for recording the satisfaction or cancellation of the mortgage it holds. The financial institution may charge a reasonable fee of five to twenty-five dollars to cover the cost of recording the satisfaction or cancellation./
Amend the bill further, as and if amended, page 2, line 13, in Section 29-3-321, as contained in SECTION 1, by striking /1990/ and inserting /1991/ .
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.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
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.
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.
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.
On motion of Senator WADDELL, with unanimous consent, S. 912 was ordered to receive a third reading on Friday, February 2, 1990.
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.
On motion of Senator WILLIAMS, with unanimous consent, S. 990 was ordered to receive a third reading on Friday, February 2, 1990.
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.
On motion of Senator PEELER, with unanimous consent, S. 1108 was ordered to receive a third reading on Friday, February 2, 1990.
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.
On motion of Senator WADDELL, with unanimous consent, S. 1125 was ordered to receive a third reading on Friday, February 2, 1990.
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.
On motion of Senator NELL W. SMITH, with unanimous consent, H. 3724 was ordered to receive a third reading on Friday, February 2, 1990.
H. 4257 -- Rep. R. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA RURAL WATER ASSOCIATION.
On motion of Senator GIESE, with unanimous consent, H. 4257 was ordered to receive a third reading on Friday, February 2, 1990.
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.
On motion of Senator GIESE, with unanimous consent, H. 4264 was ordered to receive a third reading on Friday, February 2, 1990.
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.
On motion of Senator GIESE, with unanimous consent, H. 4369 was ordered to receive a third reading on Friday, February 2, 1990.
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.
On motion of Senator WADDELL, with unanimous consent, S. 1180 was ordered to receive a third reading on Friday, February 2, 1990.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (Doc. No. 056Oo) was adopted as follows:
Amend the bill, as and if amended, by striking Section 8-11-175 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 8-11-175. (A) State agencies may periodically arrange for volunteer blood drives for their agencies. The blood drives may be held at those times and places as may be determined by the agency head and the agency's employees are permitted to participate in the blood drive during the employee's work hours at those times as may be determined by the agency without using accrued leave.
(B) A state employee desiring to donate blood at a time other than an agency arranged volunteer blood drive must be excused from work by his employer during the employee's regular work hours for the purpose of making the donation without prejudice to the employee and no leave or make-up time may be required. Any employee desiring to donate blood as provided in this subsection shall notify his employer of the scheduled donation and the amount of time needed for the donation as far in advance as may be practicable. The agency may deny the employee's request for time to donate pursuant to this subsection if the absence of the employee would create an extraordinary burden on the agency. In considering the employee's request, the agency shall take into consideration such factors as the necessity and type of blood donation and any other factor the agency considers appropriate. The agency may as a condition of approving the request require the employee to provide documentation of the donation./
Amend title to conform.
Senator GIESE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator GIESE, with unanimous consent, S. 908 was ordered to receive a third reading on Friday, February 2, 1990.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 2571J) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 20-7-3300 of the 1976 Code is amended to read:
"Section 20-7-3300. Records and information of the Department pertaining to juveniles shall be confidential as provided in Section 20-7-780; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the Department, the Board shall must establish policies by which the Department may transmit such information and records to another department, agency or school district of state or local government, or private institution or facility licensed by the State as a child serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training or education. Records and information provided to a public or private school by the Department of Youth Services must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60 and committed to the Department of Youth Services, a copy of, and if requested, information pertaining to, that person's juvenile criminal record. The person's juvenile criminal record must be provided by the Department of Youth Services to the principal of the school which the juvenile is eligible to attend, immediately upon the person's release from the Department of Youth Services. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURSON explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator COURSON, with unanimous consent, S. 919 was ordered to receive a third reading on Friday, February 2, 1990.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 2535J) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Section 15-78-30(e) of the 1976 Code is amended to read:
"(e) 'State' means the State of South Carolina and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, including the South Carolina Protection and Advocacy System for the Handicapped, Inc., and institutions, including state-supported governmental health care facilities, schools, colleges, universities, and technical colleges."
SECTION 2. Section 15-78-60 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) acts or omissions of employees and volunteers of the South Carolina Protection and Advocacy System for the Handicapped acting within the scope of their official duties pursuant to Article 5, Chapter 33 of Title 43, when such acts or omissions are done or made in good faith, and do not constitute gross negligence, recklessness, wilfulness, or wantonness."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
Senator HINSON raised a Point Of Order that under Rule 40, the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point Of Order.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WADDELL proposed the following amendment (Doc. No. 0302X), which was adopted:
Amend the bill, as and if amended, in Section 11-13-60 of the 1976 Code, as contained in SECTION 1, page 2, lines 15 and 16, by striking /or the Savings Association Insurance Fund/ and on line 29 by inserting after /Bank,/ /the Federal Home Loan Mortgage Corporation,/ so that when amended Section 11-13-60 shall read:
/Section 11-13-60. Any bank or trust company being made a State depository may, instead of the surety bond required by Section 11-13-50, furnish, as surety for the deposit or deposits of State funds, United States Government bonds, Federal farm loan bonds issued by Federal land banks pursuant to the Federal Farm Loan Act as amended, Federal intermediate credit bank debentures issued by Federal intermediate credit banks pursuant to the Federal Farm Loan Act as amended, debentures issued by Central Bank for Cooperatives and regional banks for cooperatives, organized under the Farm Credit Act of 1933 and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to authorities contained in the Farm Credit Act of 1971 (Public Law 92-181) or by any of such banks, and bonds or other obligations of this State or any political subdivision thereof. Such surety shall be filed with the proper officers within one week after deposit shall be made, or at the time of deposit, if required. A bank or savings and loan association, upon the deposit of state funds by the State Treasurer in excess of insurance coverage by the Federal Deposit Insurance Corporation, shall furnish an indemnity bond in a responsible surety company authorized to do business in this State in an amount that will protect the State against loss in the event of insolvency or liquidation of the institution or for any other cause. A bank or savings and loan association may, in lieu of the indemnity bond, pledge as collateral for the deposits, obligations of the United States, obligations fully guaranteed both as to principal and interest by the United States, obligations of the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, the Federal Home Loan Mortgage Corporation, or general obligations of this State or any political subdivision of it. The State Treasurer shall exercise prudence in accepting the securities listed as collateral. The surety or collateral must be filed with the State Treasurer at time of deposit./
Amend title to conform.
Senator WADDELL explained the amendment.
On motion of Senator WADDELL, the amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WADDELL proposed the following amendment (Doc. No. 0373X), which was adopted:
Amend the bill, as and if amended, in Section 12-45-220(A)(4) of the 1976 Code, as contained in SECTION 2, page 4, line 12, by striking /reinsured/ and inserting /are insured/.
Amend title to conform.
Senator WADDELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator WADDELL, with unanimous consent, H. 3989 was ordered to receive a third reading on Friday, February 2, 1990.
The following Bills were carried over:
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.
(On motion of Senator POPE)
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.
(On motion of Senator LAND)
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.
(On motion of Senator GIESE)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator POPE moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Giese Gilbert Hayes Helmly Hinson Holland Land Leventis Long Macaulay Martin Martschink McConnell McGill Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Setzler Smith, H.C. Stilwell Waddell Williams Wilson
NAYS
Hinds Shealy Smith, N.W.
The Bill, S. 592, was made a Special Order.
On motion of Senator WADDELL, the Senate agreed that when the Senate adjourns on Thursday, that it meet for local and uncontested matters on Friday at 11:00 A.M., and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, February 6, 1990, at 12:00 Noon.
H. 3157 -- Ways and Means Committee: A CONCURRENT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY RESCIND THEIR PREVIOUS CALL FOR A CONSTITUTIONAL CONVENTION TO BE CONVENED FOR THE PURPOSE OF CONSIDERING A BALANCED BUDGET AMENDMENT TO THE FEDERAL CONSTITUTION, AND TO MEMORIALIZE CONGRESS TO ADOPT AMENDMENTS TO THE UNITED STATES CONSTITUTION TO BE SUBMITTED TO THE STATES FOR RATIFICATION REQUIRING A BALANCED FEDERAL BUDGET.
Senator BRYAN moved to make the Concurrent Resolution a Special Order.
Senator POPE moved that the Senate go into Executive Session and, upon lifting of the veil of secrecy, stand adjourned.
Senator BRYAN insisted on the motion for Special Order.
Senator POPE raised a Point of Order that the motion to adjourn was a higher motion.
The PRESIDENT sustained the Point of Order.
In accordance with the prior motion, the Senate proceeded to the Executive Session.
On motion of Senator WILLIAMS, 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, Member, Workers Compensation Commission, with term to expire June 30, 1996:
R. Walter Hundley, 10 Ashmead Place, Charleston, S.C. 29403
Reappointment, Member, Horry County Board of Voter Registration, with term to expire March 15, 1992:
Ernest Lawrimore, Route 9, Box 249, Conway, S.C. 29526
Appointment, Member, Abbeville County Board of Voter Registration, with term to expire March 15, 1992:
Eugene W. Smith, Post Office Box 8, Abbeville, S.C. 29620
Reappointments, Members, Chester County Board of Voter Registration, with terms to expire March 15, 1992:
Martha F. Love, P.O. Box 181, Chester, S.C. 29706
Ernest L. Atkinson, 200 Ashford St., Chester, S.C. 29706
Margaret C. Franklin, 40 Pendleton St., Great Falls, S.C. 29055
Marion B. Kee, Route 1, Box 202K2, Richburg, S.C. 29729
Wade H. McManus, 104 Courtland St., Chester, S.C. 29706
Reappointments, Members, Orangeburg County Board of Voter Registration, with terms to expire March 15, 1992:
George R. Barnes, 491 Partridge, NW, Orangeburg, S.C. 29115
Clarence B. Jenkins, Route 1, Box 218, Neeses, S.C. 29107
James Davis, Route 2, Box 278, Eutawville, S.C. 29048
Mrs. Dorothy D. Kennerly, Route 1, Box 2424, Cordova, S.C. 29039
Mrs. Adele Palmieri, 1469 Dogwood Dr., NE, Orangeburg, S.C. 29115
At 12:55 P.M., on motion of Senator POPE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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