South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

TUESDAY, FEBRUARY 13, 1990

Tuesday, February 13, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Commemorating the Birthday of Abraham Lincoln.
Beloved, as we remember... anew... the birthday of Abraham Lincoln, we read the calming cadences of the King James Version of St. Paul's words to the Corinthians (I Cor. 12:31-13:1):

"And yet shew I unto you

a more excellent way.

Though I speak with the tongues

of men and of angels,

And have not charity, I am become

as sounding brass, or a tinkling cymbal".
Let us pray.

Lord, remembering that the unity of our nation was bought with the blood and sacrifice, we pray with free people everywhere that the release from prison of Nelson Mandela may begin the healing process in South Africa.

May the words of St. Paul inspire folk, everywhere, to proclaim by lip and life the "more excellent way". Amen.

Point Of Quorum

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

Call Of The Senate

Senator SHEALY moved that a call of the Senate be made. The following Senators answered the call:

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Long                      Lourie                    Macaulay
Martin                    Martschink                Matthews
McConnell                 McGill                    McLeod
Mitchell                  Moore                     Mullinax
O'Dell                    Passailaigue              Patterson
Peeler                    Pope                      Rose
Russell                   Saleeby                   Setzler
Shealy                    Smith, H.C.               Smith, J.V.
Smith, N.W.               Stilwell                  Thomas
Waddell                   Williams                  Wilson

The Senate resumed.

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

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

February 12, 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.

Statewide Appointment

Reappointment, Member, Higher Education Commission, with term to expire July 26, 1993:

Dr. Ray Ramage, 1111 Parkins Mill Road, Greenville, S.C. 29605

Referred to the Committee on Education.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

February 12, 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.

Statewide Appointment

Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1993:

Mr. Milt Klarr, 11 Sanmarks, Myrtle Beach, S.C. 29572 VICE Harold Minton

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

February 13, 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.

County Appointments

Reappointments, Members, Fairfield County Board of Voter Registration, with terms to expire March 15, 1992:

Dora B. Weir, Francis Marion Road, Winnsboro, S.C. 29180

Emma H. Massey, P.O. Box 884, Winnsboro, S.C. 29180

Ann S. Stewart, 120 Dogwood Avenue, Winnsboro, S.C. 29180

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

February 12, 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.

County Appointments

Reappointments, Members, Dillon County Board of Voter Registration, with terms to expire March 15, 1992:

Mrs. Eleanor L. Bethea, 301 McLean Drive, Dillon, S.C. 29536

Mrs. Jean L. Thompson, Route 1, Box 542, Lake View, S.C. 29563

Mrs. Emily Moses, P.O. Box 24, Lake View, S.C. 29563

Mrs. Jackie Squires, P.O. Box 973, Latta, S.C. 29565

Robert Abson, Jr., 500 Lee Street, Dillon, S.C. 29536

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration.

Document No. 1190
Promulgated By Budget and Control Board
Data Reporting Requirements for S.C. General Hospitals
Received by Lt. Governor February 12, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date June 12, 1990

Document No. 1217
Promulgated By Department of Mental Health
Designated Examiners, Parking, Forms, Public Records
Received by Lt. Governor February 8, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date June 8, 1990

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received.

Document No. 1113
Promulgated By Department of Insurance
Health Maintenance Organizations
Received by Lt. Governor May 15, 1989
Referred to Senate Committee on Banking and Insurance
120 day expiration date September 12, 1989
Sine Die Revised Expiration date March 30, 1990
Withdrawn February 6, 1990
Resubmitted February 13, 1990
Revised expiration date April 6, 1990

Document No. 1153
Promulgated By Budget and Control Board
South Carolina Building Codes Council
Received by Lt. Governor September 28, 1989
Referred to Senate Committee on Labor, Commerce and Industry
120 day expiration date May 9, 1990
Senate Labor, Commerce and Industry Committee requested withdrawal February 2, 1990
Withdrawn and resubmitted February 13, 1990
Synopsis remains the same.
Fiscal Impact Statement remains the same.
Revised expiration date May 20, 1990

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1233 -- Senator Patterson: A SENATE RESOLUTION TO AUTHORIZE THE WORKSHOP ON WHEELS GROUP OF THE ONES UNITED ORGANIZATION TO BE ADMITTED TO THE SENATE CHAMBER FOR THE PURPOSE OF A TOUR ON SATURDAY, FEBRUARY 17, 1990, IN RECOGNITION OF THE CELEBRATION OF BLACK HISTORY MONTH.

Senator MATTHEWS asked unanimous consent to make a motion that the Senate Resolution be placed on the Calendar without reference.

There was an objection.

Referred to the Committee on Invitations.

S. 1234 -- Senator Bryan: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 18-24, 1990, AS THE "STUDENTS IN FREE ENTERPRISE, INCORPORATED WEEK" AND COMMEND THEM FOR THEIR FINE WORK AND DEDICATION.

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

S. 1235 -- Senators McConnell, Martschink, Giese, Passailaigue, Mitchell, Drummond and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

Senator McCONNELL spoke on the Bill.

S. 1236 -- Senators Mullinax, J. Verne Smith, O'Dell, Lee, Holland and Hinds: A BILL TO AMEND SECTION 59-112-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA DOMICILE FOR PURPOSES OF TUITION AND FEES, SO AS TO PROVIDE THAT INDEPENDENT PERSONS WHO RESIDE IN SOUTH CAROLINA PURSUANT TO A VISA, OTHER THAN A STUDENT VISA, FOR LESS THAN TWELVE MONTHS BUT ARE EMPLOYED FULL-TIME IN THE STATE, AND THEIR DEPENDENTS, ARE ELIGIBLE FOR IN-STATE RATES AS LONG AS THE INDEPENDENT PERSON CONTINUES TO BE EMPLOYED ON A FULL-TIME BASIS IN THE STATE.

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

S. 1237 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA CEMETERY BOARD FOR SIX YEARS AND TO AMEND SECTIONS 39-55-55, 39-55-95, 39-55-125, AND 39-55-185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CEMETERIES, SO AS TO DELETE THE PROVISION THAT TWO MEMBERS OF THE SOUTH CAROLINA CEMETERY BOARD MUST BE NOMINATED BY THE SOUTH CAROLINA CEMETERY ASSOCIATION AND TO PROVIDE THAT NOMINATIONS MAY BE RECEIVED FROM ANY INDIVIDUAL, GROUP, OR ASSOCIATION, TO REQUIRE A CEMETERY GENERAL MANAGER TO HAVE ONE YEAR'S EXPERIENCE INSTEAD OF TWO YEARS' EXPERIENCE, TO PROVIDE FOR REGULATIONS TO REGULATE MERCHANDISE OR MONUMENTS INSTALLED IN A CEMETERY, TO REGULATE THE PLACEMENT OF MONUMENTS OR MARKERS, TO REGULATE FEES, TO REQUIRE INSURANCE ON INSTALLERS OF MONUMENTS OR MARKERS, AND TO REQUIRE FINANCIAL REPORTS TO BE SIGNED BY A LICENSED ACCOUNTANT.

Read the first time and referred to the General Committee.

S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.

Read the first time and referred to the General Committee.

S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.

Read the first time and referred to the General Committee.

S. 1240 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.

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

S. 1241 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9 TO ARTICLE 13, CHAPTER 7, TITLE 20 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE AND FOR PENALTIES.

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

Senator NELL W. SMITH spoke on the Bill.

S. 1242 -- Senator Williams: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.

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

S. 1243 -- Senators Rose, McGill, McConnell and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-130 SO AS TO PROHIBIT THE GENERAL ASSEMBLY FROM REQUIRING A MUNICIPAL CORPORATION, COUNTY, SCHOOL DISTRICT, OR SPECIAL PURPOSE DISTRICT TO PERFORM ANY ACT OR FURNISH ANY SERVICE WHICH REQUIRES THE EXPENDITURE OF MONEY WITHOUT PROVIDING THE FUNDING FROM STATE FUNDS.

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

S. 1244 -- Senators Nell W. Smith, Hayes and Moore: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.

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

Senator NELL W. SMITH spoke on the Bill.

S. 1245 -- Senators Thomas and Rose: A BILL TO AMEND SECTION 30-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE THE DEFINITION OF "PUBLIC BODY" TO INCLUDE FOUNDATIONS AND OTHER ENTITIES OPERATING SOLELY FOR THE BENEFIT OF A PUBLIC BODY AND REPORTING DIRECTLY TO IT, AND TO PROVIDE THAT AFTER REPAYMENT OF A GRANT OR LOAN OF PUBLIC FUNDS A FOUNDATION OR OTHER ENTITY REMAINS A "PUBLIC BODY".

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

S. 1246 -- Senators Rose and McGill: A BILL TO AMEND SECTION 7-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS ELECTION POLLS ARE OPEN, SO AS TO REQUIRE THE POLLS TO REMAIN OPEN UNTIL EIGHT O'CLOCK IN THE EVENING.

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

S. 1247 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.

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

S. 1248 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.

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

S. 1249 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.

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

S. 1250 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.

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

S. 1251 -- Senators Moore, Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.

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

S. 1252 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA SOCIAL WORKERS EXAMINERS BOARD FOR SIX YEARS; TO AMEND SECTION 40-63-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF SOCIAL WORKERS, SO AS TO DELETE RESIDENCY AND EMPLOYMENT RESTRICTIONS AS REQUIREMENTS FOR LICENSURE; AND TO AMEND SECTION 40-63-110, RELATING TO DISCIPLINARY ACTION AGAINST SOCIAL WORKERS, SO AS TO DELETE THE PROVISION WHICH AUTHORIZES DISCIPLINARY ACTION AGAINST A LICENSEE WHO HAS USED A SOLICITOR OR PEDDLERS, CAPPERS, OR STEERERS TO OBTAIN PATRONAGE.

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

S. 1253 -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-425 SO AS TO PROVIDE FOR THE REGULATION OF A PHARMACY LOCATED OUTSIDE THIS STATE WHOSE PRIMARY BUSINESS IS MAIL ORDER PRESCRIPTION SERVICE.

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

S. 1254 -- Finance Committee: A BILL TO AMEND SECTION 8-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFERRED COMPENSATION COMMISSION, SO AS TO REQUIRE THAT ONE MEMBER MUST BE A RETIRED STATE EMPLOYEE AND DELETE ARCHAIC PROVISIONS.

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

S. 1255 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE DISPOSAL SITES, SO AS TO REVISE THE REQUIREMENTS FOR HAZARDOUS WASTE DISPOSAL BEGINNING JULY 1, 1990.

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

S. 1256 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE BOARD OF COSMETOLOGY, RELATING TO LICENSURE AND OPERATION OF COSMETOLOGY, MANICURE AND ESTHETICS SALONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1257 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PHYSICAL FITNESS SERVICES CENTER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1258 -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND FRIENDS OF JUDGE BOBBY JOE MILLWOOD OF AIKEN COUNTY WHO DIED SATURDAY, FEBRUARY 10, 1990.

On motion of Senator MOORE, the Resolution was adopted.

S. 1259 -- Senators Wilson and Lourie: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HIS EXCELLENCY TADEUSZ MAZOWIECKI ON HIS CONFIRMATION AS PRIME MINISTER OF THE REPUBLIC OF POLAND.

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

S. 1260 -- Senator Macaulay: A BILL TO AMEND SECTION 7-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION OF PARTY CLUBS, SO AS TO PROVIDE THAT EACH CLUB SHALL ELECT OFFICERS FOR EACH POLLING PLACE WITHIN A PRECINCT.

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

H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.

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

H. 4378 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: 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.

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

H. 4546 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CONSOLIDATED COMMUNICATIONS CORPORATION DBA CCOM, INC., IN KERSHAW COUNTY.

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

H. 4563 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4564 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OPERATION AND FUNDING OF TEACHER TRAINING COURSES IN MATHEMATICS, SCIENCE, READING AND COMPUTER EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4565 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4566 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES UTILIZED BY THE STATE BOARD OF EDUCATION IN THE APPROVAL OF TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1197, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4567 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1173, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4568 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MOTOR CLUB CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4576 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 102, MAULDIN.

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

H. 4583 -- Rep. Koon: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS IN LAKE MURRAY, SO AS TO FURTHER PROVIDE FOR THE WATERS TO WHICH THIS PROVISION APPLIES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4570 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 2, GREENVILLE.

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

H. 4621 -- Reps. Wright, Sharpe, Klapman, Koon, Sturkie and Derrick: A CONCURRENT RESOLUTION CONGRATULATING MR. HODGES LEWIS, ENGLISH TEACHER AT IRMO HIGH SCHOOL, UPON BEING CHOSEN AS LEXINGTON SCHOOL DISTRICT FIVE'S 1990 TEACHER OF THE YEAR.

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

REPORTS OF STANDING COMMITTEES

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:

S. 624 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-65 SO AS TO PERMIT THE USE IN THIS STATE OF CERTAIN AUTOMATIC FUELING CLIPS ON SELF-SERVICE GASOLINE DISPENSERS; BY ADDING SECTION 39-41-255 SO AS TO PROVIDE THAT EVERY SERVICE STATION THAT HAS A WATER DISPENSER, AIR DISPENSER, OR BOTH, FOR USE IN SERVING VEHICLES SHALL ALLOW THESE DISPENSERS TO BE USED WITHOUT CHARGE; AND BY ADDING SECTION 39-41-265 SO AS TO PROVIDE THAT EVERY SERVICE STATION SHALL POST IN A CONSPICUOUS PLACE THE PRICE OF EACH TYPE OF GASOLINE IT HAS AVAILABLE, INCLUDING BOTH SELF-SERVICE AND FULL SERVICE PRICES.

Ordered for consideration tomorrow.

Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:

S. 927 -- Senators J. Verne Smith, Leatherman, McLeod, Nell W. Smith, Peeler, Long, Matthews and Giese: A BILL TO AMEND SECTION 44-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR THE PAYMENT OF AN INITIAL APPLICATION FEE, TO CHANGE THE TIME DURING WHICH AN APPLICANT IS REQUIRED TO PUBLISH NOTICE OF HIS APPLICATION, AND TO PROVIDE FOR ADDITIONAL INFORMATION TO COMPLETE THE APPLICATION; SECTION 44-7-210, AS AMENDED, RELATING TO THE COMPLETION OF THE APPLICATION, SO AS TO PROVIDE FOR THE TIME OF THE REVIEW PERIOD FOR THE APPLICATION, TO CHANGE THE EFFECTIVE DATE OF THE AGENCY DECISION ON THE APPLICATION, AND TO PROVIDE FOR A RECONSIDERATION HEARING; SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF THE DECISION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR APPEAL TO THE CIRCUIT COURT INSTEAD OF THE APPROPRIATE STATE COURT, TO PROVIDE FOR THE REQUIREMENTS OF THE APPEAL AND OF A BOND, AND TO PROVIDE FOR THE ACTION TO BE TAKEN BY THE COURT; AND SECTION 44-7-230, AS AMENDED, RELATING TO THE LIMITATION ON A CERTIFICATE OF NEED, SO AS TO CHANGE THE TIME DURING WHICH A CERTIFICATE OF NEED IS VALID, TO REVISE THE CIRCUMSTANCES UNDER WHICH AN EXTENSION MAY BE GRANTED, AND TO PROVIDE THE REQUIREMENTS FOR COMPLETION OF THE PROJECT.

Ordered for consideration tomorrow.

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

H. 4556 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE MILES S. EPLING OF WEST VIRGINIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990.

Ordered for consideration tomorrow.

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

H. 4585 -- Reps. Sheheen, J. Rogers and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 28, 1990.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:

H. 3793 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTIONS 10-5-230 AND 10-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP AND OFFICERS OF THE BOARD; TO AMEND SECTION 10-5-260, RELATING TO BARRIER-FREE STANDARDS OF PUBLIC BUILDINGS, SO AS TO PROVIDE THAT THE OWNER OF A BUILDING REQUIRED TO HAVE BARRIER-FREE ELEMENTS OR COMPONENTS SHALL MAINTAIN THESE ELEMENTS OR COMPONENTS IN A SAFE AND USABLE CONDITION; TO AMEND SECTION 10-5-270, RELATING TO THE WAIVER OR MODIFICATION OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT, MODIFICATION, AND WAIVER OF THESE STANDARDS AND SPECIFICATIONS, AND TO REQUIRE LOCAL BUILDING BOARDS OF ADJUSTMENT APPEALS TO HAVE CERTAIN MEMBERS; TO AMEND SECTION 10-5-273, RELATING TO AN EXCEPTION TO THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE SO AS TO REVISE THIS EXCEPTION; TO AMEND SECTION 10-5-290, RELATING TO ACTIONS FOR VIOLATION OF REGULATIONS CONCERNING BARRIER-FREE PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE REGULATIONS WHICH GIVE RISE TO THESE ACTIONS; TO AMEND SECTION 10-5-300, RELATING TO THE ENFORCEMENT OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT; TO AMEND SECTION 10-5-310, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH BARRIER-FREE STANDARDS, SO AS TO PROVIDE FOR ADDITIONAL ACTS WHICH SUBJECT A PERSON PERFORMING OR FAILING TO PERFORM THEM TO THESE PENALTY PROVISIONS; AND TO AMEND SECTION 10-5-320, RELATING TO SUITS FOR INJUNCTION FOR NONCOMPLIANCE WITH BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS AUTHORIZED TO SEEK THIS INJUNCTIVE RELIEF.

Ordered for consideration tomorrow.

RECOMMITTED

S. 924 -- Senator Passailaigue: A BILL TO AMEND SECTION 15-73-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF THE PROVISIONS PERTAINING TO SELLERS OF DEFECTIVE PRODUCTS, SO AS TO PROVIDE THAT THE AWARD OF APPROPRIATE PUNITIVE OR EXEMPLARY DAMAGES OR INTEREST BEFORE JUDGMENT IS NOT PRECLUDED.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recommitted to the Committee on Judiciary, for the purpose of a public hearing, retaining its place on the Calendar.

RECALLED

S. 1036 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO REDEFINE PERMISSIBLE "BOTTLE TYPE ROCKETS".

On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the General Committee.

On motion of Senator HOLLAND, the Bill was ordered placed on the Calendar for consideration tomorrow.

RECALLED AND READ

H. 4513 -- Reps. Snow, Altman, Elliott, Barfield, Keegan, Corbett, Gordon and Harvin: A JOINT RESOLUTION TO NAME THE NEW MOTOR VEHICLE LICENSE OFFICE BUILDING OF THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT IN THE CITY OF GEORGETOWN THE "WALLACE J. McKNIGHT BUILDING".

On motion of Senator HINDS, with unanimous consent, the Joint Resolution was recalled from the Committee on Transportation.

On motion of Senator HINDS, with unanimous consent, the Joint Resolution was taken up for immediate consideration.

Senator HINDS explained the Joint Resolution.

On motion of Senator HINDS, the Joint Resolution was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator HINDS, with unanimous consent, H. 4513, was ordered to receive a third reading on Wednesday, February 14, 1990.

JOINT ASSEMBLY
Election

At 12:30 P.M. the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Assistant Clerk of the Senate read the Concurrent Resolution:

S. 1069 -- Senators Holland, Hayes, Lee and Long: A CONCURRENT RESOLUTION TO FIX TUESDAY, FEBRUARY 13, 1990, AT 12:30 P.M. AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE WHOSE TERMS EXPIRE IN 1990.

Election Of Members To The
South Carolina Public Service Commission

At-Large Seat

The PRESIDENT announced that nominations were in order for the At-Large position on the Public Service Commission.

Senator HOLLAND, on behalf of the Screening Committee, nominated Mr. Rudolph Mitchell of Saluda, S.C.

Rep. Gentry, on behalf of the Saluda Delegation, seconded the nomination of Mr. Mitchell.

On motion of Rep. Washington, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Rudolph Mitchell was duly elected to the At-Large position on the Public Service Commission for the term prescribed by law.

First Congressional District

The PRESIDENT announced that nominations were in order for a position on the Public Service Commission for the First Congressional District.

Senator HOLLAND, on behalf of the Screening Committee, nominated Mrs. Marjorie Amos-Frazier of Charleston, S.C. and Mr. Jimmy L. Green of Charleston, S.C.

Senator FIELDING moved that the nominations be closed.

The Assistant Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mrs. Amos-Frazier:

Bryan                  Courson                Drummond
Fielding               Giese                  Gilbert
Hayes                  Helmly                 Hinds
Hinson                 Holland                Land
Leatherman             Lee                    Long
Lourie                 Martin                 Martschink
Matthews               McGill                 McLeod
Mitchell               Moore                  Mullinax
O'Dell                 Passailaigue           Patterson
Peeler                 Pope                   Rose
Russell                Saleeby                Setzler
Shealy                 Smith, H.C.            Smith, J.V.
Stilwell               Williams               Wilson

Total--39

The following named Senators voted for Mr. Green:

Macaulay               McConnell              Thomas

Total--3

On motion of Rep. J.W. Johnson, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mrs. Amos-Frazier:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Gentry                 Glover
Gordon                 Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Hayes                  Hendricks
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Koon                   Lanford
Littlejohn             Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McLeod
McTeer                 Moss                   Neilson
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

Total--110

The following named Representative voted for Mr. Green:

Total--0

RECAPITULATION

Total Number of Senators voting   42
Total Number of Representatives voting   110
Grand Total   152
Necessary to a choice   76
Of which Mrs. Amos-Frazier received   149
Of which Mr. Green received   3

Whereupon, the PRESIDENT announced that the Honorable Marjorie Amos-Frazier was duly elected to a position on the Public Service Commission for the First Congressional District for the term prescribed by law.

Second Congressional District

The PRESIDENT announced that nominations were in order for a position on the Public Service Commission for the Second Congressional District.

Senator HOLLAND, on behalf of the Screening Committee, nominated Mr. Clayton Baker Ingram of Columbia, S.C. and Mr. Henry Grady Yonce of Columbia, S.C.

Rep. T. Rogers seconded the nomination of Mr. Ingram.

The Assistant Clerk of the Senate called the
roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senator voted for Mr. Ingram:

Macaulay               

Total--1

The following named Senators voted for Mr. Younce:

Bryan                  Courson                Drummond
Fielding               Giese                  Gilbert
Hayes                  Helmly                 Hinds
Hinson                 Holland                Land
Leatherman             Lee                    Long
Lourie                 Martin                 Martschink
Matthews               McConnell              McGill
McLeod                 Mitchell               Moore
Mullinax               O'Dell                 Passailaigue
Patterson              Peeler                 Pope
Rose                   Russell                Saleeby
Setzler                Shealy                 Smith, H.C.
Smith, J.V.            Stilwell               Thomas
Williams               Wilson

Total--41

The following named Representatives voted for Mr. Ingram:

Corbett                Fant                   Harris, J.
Harrison               McBride                Rogers, T.

Total--6

The following named Representatives voted for Mr. Yonce:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Davenport
Derrick                Elliott                Faber
Farr                   Felder                 Ferguson
Gentry                 Glover                 Gordon
Hallman                Harris, P.             Harvin
Harwell                Haskins                Hayes
Hendricks              Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Koon                   Lanford
Littlejohn             Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

Total--107

RECAPITULATION

Total Number of Senators voting   42
Total Number of Representatives voting   113
Grand Total   155
Necessary to a choice   77.5
Of which Mr. Ingram received   7
Of which Mr. Yonce received   148

Whereupon, the PRESIDENT announced that the Honorable Henry Grady Yonce was duly elected to a position on the Public Service Commission for the Second Congressional District for the term prescribed by law.

Third Congressional District

The PRESIDENT announced that nominations were
in order for a position on the Public Service Commission for the Third Congressional District.

Senator HOLLAND, on behalf of the Screening Committee, nominated Mr. Guy Butler of Greenwood, S.C. and Mr. Wayne Smalley of Walhalla, S.C.

Senator MACAULAY seconded the nomination of Mr. Smalley.

The Assistant Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Butler:

Bryan                  Drummond               Fielding
Giese                  Gilbert                Hayes
Helmly                 Hinds                  Hinson
Holland                Land                   Leatherman
Lee                    Leventis               Long
Lourie                 Martin                 Martschink
McConnell              McGill                 McLeod
Mitchell               Moore                  Mullinax
O'Dell                 Passailaigue           Patterson
Peeler                 Pope                   Russell
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Stilwell
Thomas                 Williams

Total--38

The following named Senators voted for Mr. Smalley:

Courson                Macaulay               Rose
Wilson                 

Total--4

The following named Representatives voted for Mr. Butler:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, K.             Baker                  Barber
Barfield               Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, R.              Bruce                  Burriss, M.D.
Burriss, T.M.          Carnell                Clyborne
Cole                   Cooper                 Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Gentry                 Glover
Gordon                 Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hayes
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Koon                   Lanford
Littlejohn             Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Smith                  Snow                   Stoddard
Taylor                 Townsend               Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilkes                 Wilkins                Williams, D.
Winstead               Wofford                Wright

Total--102

The following named Representatives voted for Mr. Smalley:

Alexander, T.C.        Bailey, J.             Brown, J.
Chamblee               Corbett                Davenport
Kirsh                  Limehouse              Tucker
Wilder                 

Total--10

RECAPITULATION

Total Number of Senators voting   42
Total Number of Representatives voting   112
Grand Total   154
Necessary to a choice   77
Of which Mr. Butler received   140
Of which Mr. Smalley received   14

Whereupon, the PRESIDENT announced that the Honorable Guy Butler was duly elected to a position on the Public Service Commission for the Third Congressional District for the term prescribed by law.

Fourth Congressional District

The PRESIDENT announced that nominations were in order for a position on the Public Service Commission for the Fourth Congressional District.

Senator HOLLAND, on behalf of the Screening Committee, nominated Mr. Fred A. Fuller, Jr. of Greenville, S.C., and Mr. Ben T. Gibson, Jr. of Union, S.C.

The Assistant Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Fuller:

Bryan                  Drummond               Fielding
Gilbert                Hayes                  Helmly
Hinds                  Holland                Land
Leatherman             Lee                    Long
Lourie                 Martin                 McConnell
McGill                 McLeod                 Mitchell
Moore                  Mullinax               O'Dell
Passailaigue           Patterson              Peeler
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Smith, N.W.
Stilwell               Williams

Total--32

The following named Senators voted for Mr. Gibson:

Courson                Giese                  Hinson
Leventis               Macaulay               Martschink
Pope                   Rose                   Russell
Thomas                 Wilson

Total--11

The following named Representatives voted for Mr. Fuller:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, K.             Baker                  Barfield
Beasley                Bennett                Blackwell
Brown, H.              Brown, R.              Bruce
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Fair
Fant                   Felder                 Gordon
Harris, P.             Harvin                 Harwell
Haskins                Hendricks              Huff
Jaskwhich              Johnson, J.W.          Kay
Keesley                Kirsh                  Klapman
Koon                   Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
Nettles                Rhoad                  Rogers, J.
Rudnick                Sharpe                 Sheheen
Simpson                Smith                  Snow
Stoddard               Taylor                 Tucker
Vaughn                 Waldrop                Washington
Wells                  Whipper                Wilkes
Wilkins                Winstead               Wofford

Total--63

The following named Representatives voted for Mr. Gibson:

Alexander, T.C.        Bailey, J.             Barber
Baxley                 Blanding               Boan
Brown, G.              Brown, J.              Burriss, T.M.
Corbett                Cork                   Corning
Davenport              Derrick                Elliott
Faber                  Farr                   Ferguson
Gentry                 Glover                 Hallman
Harris, J.             Harrison               Hayes
Johnson, J.C.          Keegan                 Kinon
Kohn                   Lanford                Littlejohn
McElveen               McGinnis               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Phillips               Quinn
Rama                   Rogers, T.             Short
Townsend               Waites                 White
Wilder                 Williams, D.           Wright

Total--48

RECAPITULATION

Total Number of Senators voting   43
Total Number of Representatives voting   111
Grand Total   154
Necessary to a choice   77
Of which Mr. Fuller received   95
Of which Mr. Gibson received   59

Whereupon, the PRESIDENT announced that the Honorable Fred A. Fuller, Jr. was duly elected to a position on the Public Service Commission for the Fourth Congressional District for the term prescribed by law.

Fifth Congressional District

The PRESIDENT announced that nominations were in order for a position on the Public Service Commission for the Fifth Congressional District.

Rep. Boan nominated Mr. Cecil A. Bowers of Camden, S.C.

Rep. Boan withdrew the name of Mr. Lanny Brian Estridge of Kershaw, S.C., from consideration.

On motion of Rep. Boan, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cecil A. Bowers was duly elected to a position on the Public Service Commission for the Fifth Congressional District for the term prescribed by law.

Sixth Congressional District

The PRESIDENT announced that nominations were in order for a position on the Public Service Commission for the Sixth Congressional District.

Senator HOLLAND, on behalf of the Screening Committee, nominated Mrs. Caroline H. Maass of Pawley's Island, S.C., and Mr. Terry Eugene Watkins of N. Myrtle Beach, S.C.

The Assistant Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mrs. Maass:

Bryan                  Courson                Drummond
Fielding               Giese                  Gilbert
Hayes                  Helmly                 Hinds
Hinson                 Holland                Land
Leatherman             Lee                    Long
Lourie                 Macaulay               Martin
Martschink             McConnell              McGill
McLeod                 Mitchell               Moore
Mullinax               O'Dell                 Passailaigue
Patterson              Peeler                 Pope
Rose                   Russell                Saleeby
Setzler                Shealy                 Smith, H.C.
Smith, J.V.            Williams               Wilson

Total--39

The following named Senators voted for Mr. Watkins:

Stilwell               Thomas

Total--2

The following named Representatives voted for Mrs. Maass:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Davenport              Faber                  Fair
Fant                   Farr                   Felder
Gentry                 Glover                 Gordon
Hallman                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Kinon
Kirsh                  Kohn                   Koon
Lanford                Littlejohn             Manly
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Rama                   Rhoad
Rogers, J.             Rudnick                Sharpe
Sheheen                Short                  Smith
Snow                   Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams, D.
Winstead               Wofford                Wright

Total--102

The following named Representatives voted for Mr. Watkins:

Total--0

RECAPITULATION

Total Number of Senators voting   41
Total Number of Representatives voting   102
Grand Total   143
Necessary to a choice   71.5
Of which Mrs. Maass received   141
Of which Mr. Watkins received   2

Whereupon, the PRESIDENT announced that the Honorable Caroline H. Maass was duly elected to a position on the Public Service Commission for the Sixth Congressional District for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 1:25 P.M., the Senate resumed.

AMENDMENT PROPOSED, CARRIED OVER

S. 580 -- Senators Horace C. Smith and Lee: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

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

Senator HORACE C. SMITH proposed the following amendment (Doc. No. 0610o):

Amend the bill, as and if amended, by striking SECTION 2, page 2, beginning on line 8, and inserting:

/SECTION 2.   Section 56-5-50 of the 1976 Code is amended to read:

"Section 56-5-50.   With the exception of Articles 35 and 37 and Sections 56-5-3660 and 56-5-3670, the provisions of this chapter Chapter 5 of Title 56 govern the operation of mopeds on the public highways and streets of this State."/

Amend further, Section 56-5-1555, as contained in SECTION 4, page 2, beginning on line 38; Section 56-5-3720, as contained in SECTION 5, page 3, beginning on line 1; and Section 56-5-3740, as contained in SECTION 6, page 3, beginning on line 14, by inserting at the end of each section:

/A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days./

Amend title to conform.

The Bill was carried over.

Motion Adopted

On motion of Senator WILLIAMS, with unanimous consent, the Senate dispensed with the matters on the local and uncontested Calendar and proceeded to a consideration of H. 3122.

AMENDED, DEBATE INTERRUPTED

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.

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

Senator THOMAS spoke on the Bill.

Senators NELL W. SMITH and SHEALY proposed the following amendment (Doc. No. 2910R, G2), which was adopted:

Amend the amendment, as and if amended, page 3, Section 44-41-32(2) as contained in SECTION 1 by striking lines 1-6 and inserting the following:

"(2) The Adoption and Birth Parent Services division of the Department of Social Services, upon request of the minor, must provide assistance to the minor in preparing and filing the petition. Preparation and filing of the petition must be completed within forty-eight hours after the request. The Department of Social Services shall promulgate regulations establishing the procedures to be followed in providing this assistance."

Amend sections to conform.

Senator NELL W. SMITH argued in favor of the adoption of the amendment.

Senator NELL W. SMITH moved that the amendment be adopted.

The amendment was adopted.

MOTION ADOPTED

Senator WILLIAMS moved that the Senate recede until 3:15 P.M.

The "ayes" and "nays" were demanded and taken, resulting as follows:

AYES

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Leatherman
Lee                       Leventis                  Long
Lourie                    Macaulay                  Martin
Martschink                McConnell                 McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Passailaigue
Peeler                    Pope                      Rose
Russell                   Saleeby                   Setzler
Shealy                    Smith, H.C.               Smith, J.V.
Smith, N.W.               Stilwell                  Thomas
Williams                  Wilson                    

Total--41

NAYS
Total--0

Debate was interrupted by recess.

RECESS

At 2:00 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 3:15 P.M.

At 3:21 P.M., the Senate resumed.

AFTERNOON SESSION

The Senate reassembled at 3:21 P.M. and was called to order by the PRESIDENT.

Doctor Of The Day

Senator J. VERNE SMITH introduced Dr. Ted A. Watson of Greenville, Doctor of the Day.

Point Of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

AMENDED, DEBATE INTERRUPTED

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.

The Senate resumed consideration of the Bill. The question being the third reading of the Bill.

Senators NELL W. SMITH and SHEALY proposed the following amendment (Doc. No. 2955R, G2), which was carried over:

Amend the amendment, as and if amended, page 4, Section 44-41-33(A)(3) as contained in SECTION 1 by adding after the "." on line 2 the following:

"Orders issued under this item shall specify that the minor shall have the right to counseling services, appropriate prenatal care, delivery, neonatal, and post-natal care, the cost of which shall be paid by the State. "

Amend sections to conform.

Senator NELL W. SMITH argued in favor of the adoption of the amendment.

On motion of Senator NELL W. SMITH, with unanimous consent, the amendment was carried over.

Senator SHEALY proposed the following amendment (Doc. No. 2834R), which was withdrawn:

Amend the bill, as and if amended, page 3122-4, Section 44-41-31, lines 2 and 3, by striking the following:

"committed at the same time as a sexual battery"

Amend title and sections to conform.

Senator SHEALY argued in favor of the adoption of the amendment.

On motion of Senator SHEALY, with unanimous consent, the amendment was withdrawn.

Senators SHEALY, BRYAN, MARTSCHINK, HOLLAND and LONG proposed the following amendment (Doc. No. 2944R), which was withdrawn:

Amend the bill, as and if amended, Section 44-41-34(E), as contained in SECTION 1, page 4, beginning on line 37, by adding the following:

/The Supreme Court shall promulgate additional rules necessary to facilitate the implementation of this law including, but not limited to, the requirements that must be met to constitute informed consent. The requirements must be furnished to a minor who is the subject of proceedings under this chapter and to family and circuit court judges and used in their decisions made regarding the minor. The judge shall question the minor as to her understanding of the requirements and clarify questions she may have./

Amend title to conform.

Senator SHEALY argued in favor of the adoption of the amendment.

Senator McLEOD argued contra to the adoption of the amendment.

On motion of Senator SHEALY, with unanimous consent, the amendment was withdrawn.

Senator SHEALY proposed the following amendment (Doc. No. 2945R), which was withdrawn:

Amend the bill, as and if amended, Section 44-41-31, as contained in SECTION 1, page 2, line 35, by inserting a new paragraph to read:

/The South Carolina Department of Health and Environmental Control shall develop the requirements that must be met to constitute informed consent. The requirements must be furnished to a minor who is the subject of proceedings under this chapter and to family and circuit court judges and used in their decisions made regarding the minor. The judge shall question the minor as to her understanding of the requirements and clarify questions she may have./

Amend title to conform.

On motion of Senator SHEALY, with unanimous consent, the amendment was withdrawn.

Senator SHEALY proposed the following amendment (Doc. No. 0646o), which was withdrawn:

Amend the bill, as and if amended, Section 44-41-31, as contained in SECTION 1, page 3, lines 2 through 7, by deleting:

/; or

(4)   the minor is unconscious as a result of a battery committed at the same time as a sexual battery and the attending physician determines that an abortion is necessary to protect the health of the minor/

Amend title to conform.

On motion of Senator SHEALY, with unanimous consent, the amendment was withdrawn.

Senator SHEALY proposed the following amendment (Doc. No. 2947R, G2), which was withdrawn:

Amend the bill, as and if amended, Section 44-41-34(E), as contained in SECTION 1, page 4, beginning on line 36, by inserting after the "." the following:

/The Supreme Court shall promulgate additional rules necessary to facilitate the implementation of this law including, but not limited to, the facts necessary to constitute informed consent. The facts must be furnished to a minor who is the subject of proceedings under this chapter and to family and circuit court judges and used in their decisions made regarding the minor. The facts also must be made available to a physician, upon request. The judge shall question the minor as to her understanding of the facts and clarify questions she may have. The facts are the only source to be used to determine informed consent./

Amend title to conform.

On motion of Senator SHEALY, with unanimous consent, the amendment was withdrawn.

Senators NELL W. SMITH and SHEALY proposed the following amendment (Doc. No. 2911R, G2), which was carried over:

Amend the bill, as and if amended, page 2, Section 44-41-31, by striking lines 23-28 and inserting the following:

"(1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and witnessed, of one parent, or a legal guardian of the minor, or an adult member of the family limited to a grandparent, aunt, uncle, sister, or brother, and the informed written consent of the pregnant minor; or"

Amend the bill further, page 5, Section 44-41-37, by striking lines 37-43 and inserting the following:

"Section 44-41-37. Any physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without her parent's, or guardian's, or adult family member's consent as authorized in Section 44-41-31(1)."

Amend sections to conform.

Senator NELL W. SMITH argued in favor of the adoption of the amendment.

On motion of Senator NELL W. SMITH, with unanimous consent, the amendment was carried over.

Senators NELL W. SMITH and SHEALY proposed the following amendment (Doc. No. 2913R, G2), which was tabled:

Amend the amendment, as and if amended, page 6, Section 44-41-10 as contained in SECTION 2, by striking lines 4-5 and inserting the following:

"(m) 'Minor' means a female under the age of sixteen."

Amend section to conform.

Senator NELL W. SMITH argued in favor of the adoption of the amendment and Senator THOMAS argued contra.

Senator BRYAN explained the amendment.

Senator NELL W. SMITH moved that the amendment be adopted.

Senator THOMAS moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

AYES

Bryan                     Courson                   Drummond
Giese                     Gilbert                   Hayes
Helmly                    Hinson                    Holland
Leatherman                Lee                       Leventis
Long                      Lourie                    Macaulay
Martin                    Martschink                Matthews
McConnell                 McGill                    McLeod
Mitchell                  Moore                     Mullinax
O'Dell                    Passailaigue              Peeler
Rose                      Russell                   Saleeby
Setzler                   Smith, H.C.               Smith, J.V.
Stilwell                  Thomas                    Waddell
Williams                  Wilson                    

Total--38

NAYS

Fielding                  Hinds                     Pope
Shealy                    Smith, N.W.               

Total--5

The amendment was laid on the table.

Senator BRYAN proposed the following amendment (Doc. No. 2923R, G2), which was adopted:

Amend the bill, as and if amended, page 6, Section 44-41-10 as contained in SECTION 2, line 8, by striking the word "otherwise".

Amend title and sections to conform.

Senator BRYAN explained the amendment.

Senator McLEOD moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following amendment (Doc. No. 0458I, G2), which was adopted:

Amend the amendment, as and if amended, page 4, Section 44-41-34(C) as contained in SECTION 1, lines 19-28 by striking subitem (C) in its entirety and inserting the following:

"(C) The notice of intent to appeal must be filed with the court issuing the order described in Section 44-41-33 within seventy-two hours from the date the order is received. The record on appeal must be completed and the appeal must be perfected within ten days from the filing of the notice of intent to appeal. These filing requirements are not considered jurisdictional and may be extended by the Supreme Court upon request of the minor for good cause shown."

Amend title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator NELL W. SMITH argued contra.

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator SHEALY proposed the following amendment (Doc. No. 2948R, G2), which was tabled:

Amend the bill, as and if amended, by adding a new appropriately numbered section to read:

/Prior to a judge sitting on any case concerning an abortion under the provisions of this act, the Judge shall be qualified in such manner as the Supreme Court shall determine so as to ensure that the Judge will decide the matter based solely on the facts presented, and not be influenced by religious or personal belief to such an extent that the determination of the Court would not be issued solely on what is in the best interest of the minor applicant./

Amend title and sections to conform.

Senator SHEALY argued in favor of the adoption of the amendment.

Senator SHEALY moved that the amendment be adopted.

Senator BRYAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

AYES

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Lee
Leventis                  Long                      Lourie
Macaulay                  Martin                    Matthews
McConnell                 McGill                    McLeod
Mitchell                  Moore                     Mullinax
O'Dell                    Passailaigue              Peeler
Pope                      Rose                      Russell
Saleeby                   Setzler                   Smith, H.C.
Smith, J.V.               Smith, N.W.               Stilwell
Thomas                    Waddell                   Williams
Wilson                    

Total--40

NAYS

Martschink                Shealy                    

Total--2

The amendment was laid on the table.

Senator POPE proposed the following amendment (Doc. No. 2957R, G2), which was carried over:

Amend the bill, as and if amended, Section 44-41-31 as contained in SECTION 1, page 2, by inserting on line 35 the following:

/(B) If a parent or legal guardian refuses to give the informed written consent for the minor's abortion and the minor has a baby or babies as a result of that pregnancy, the duty of supporting a child or children imposed by law extends jointly and severally to the refusing parent or legal guardian and the natural father in the case of the minor's child or children and this duty of support continues until the minor's child or children attains the age of majority or is otherwise emancipated./

Amend the bill further, page 2, Section 44-41-31 as contained in SECTION 1, by inserting /A/ before the word /No/ on line 19.

Amend title to conform.

Senator POPE argued in favor of the adoption of the amendment.

Senator POPE moved that the amendment be adopted.

Senator THOMAS moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

AYES

Bryan                     Courson                   Drummond
Helmly                    Hinds                     Leatherman
Lee                       Leventis                  Macaulay
McConnell                 McGill                    Peeler
Setzler                   Stilwell                  Thomas
Wilson                    

Total--16

NAYS

Fielding                  Giese                     Gilbert
Hayes                     Hinson                    Holland
Lourie                    Martin                    Martschink
Matthews                  McLeod                    Mitchell
Moore                     Mullinax                  O'Dell
Passailaigue              Pope                      Rose
Russell                   Saleeby                   Shealy
Smith, H.C.               Smith, J.V.               Smith, N.W.
Waddell                   Williams                  

Total--26

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

Senator NELL W. SMITH argued in favor of the adoption of the amendment.

On motion of Senator NELL W. SMITH, with unanimous consent, the amendment was carried over.

Senator SHEALY moved that the Senate do now adjourn.

The Senate refused to adjourn.

Senators POPE and MATTHEWS proposed the following amendment (Doc. No. 2901R, G2), which was carried over:

Amend the bill, as and if amended, page 7, SECTION 4, by adding a new subitem to Section 44-41-30(C) to read:

"(3) the pregnancy is the result of criminal sexual conduct in the first degree defined in Section 16-3-652 or in the second degree defined in Section 16-3-655(3) where the actor was in a position of familial, custodial or official authority to coerce the victim to submit."

Amend the bill further, page 7, Section 44-41-30(D) as contained in SECTION 4, by deleting lines 34-40 and inserting the following:

"(D) The physician performing an abortion pursuant to subitem (C)(2) or (3) above must report the alleged criminal conduct to the local county department of social services or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State."

Amend the bill further, page 7, line 33 by striking the "." and inserting the following:

"; or"

Amend sections to conform.

On motion of Senator POPE, with unanimous consent, the amendment was carried over.

Senators GILBERT, J. VERNE SMITH, LEATHERMAN, HAYES, SHEALY, THOMAS, GIESE, STILWELL, FIELDING, ROSE, MOORE, DRUMMOND, McGILL and McCONNELL proposed the following amendment (Doc. No. 2963R, G2), which was adopted:

Amend the bill, as and if amended, by adding at the end of line 2 on page 4 /If the father of the child born after the denial of the petition is identified by adjudication, he shall share in the expenses of the delivery and rearing of the child as determined by the court./

Amend title and sections to conform.

Senator GILBERT argued in favor of the adoption of the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following amendment (Doc. No. 4994P), which was adopted:

Amend the bill, as and if amended, page 4, line 34, in Section 44-41-34(E), by inserting after the word /rules/ the following:
/governing the administration of the courts or practice and procedure before such courts/ .

Amend title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Senators NELL W. SMITH and McLEOD proposed the following amendment (Doc. No. 2959R, G2), which was carried over:

Amend the bill, as and if amended, page 2, Section 44-41-31, by striking lines 23-28 and inserting the following:

"(1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and witnessed, of one parent, or a legal guardian of the minor, or an adult member of the family limited to a grandparent, aunt, uncle, or other adult standing in loco parentis, and the informed written consent of the pregnant minor; or"

Amend title and sections to conform.

Senators NELL W. SMITH and LOURIE argued in favor of the adoption of the amendment.

On motion of Senator NELL W. SMITH, with unanimous consent, the amendment was carried over.

Senator LOURIE spoke on the Bill.

Senator SHEALY asked unanimous consent to make a motion, with Senator LOURIE retaining the floor, that the Senate do now adjourn.

Debate was interrupted by adjournment.

ADJOURNMENT

At 6:02 P.M., on motion of Senator SHEALY, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


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