Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of Jesus as recorded by St. Mark (3:35):
"Whoever does the will of God
Is my brother, and sister, and mother."
Let us pray.
O God, our Father in heaven, Lord of all power and might:
We pray this morning for spiritual maturity... that we may know:
WHO WE ARE,
WHY WE ARE HERE, AND
WHERE WE MAY BE GOING, if, perhaps, we may know...
WHAT WE OUGHT TO BE DOING on the way.
Give strength of purpose to those who lead... and those who follow... that we all may give some semblance of selfless service... today.
Amen.
Senator WADDELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WADDELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese 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.
The following was received and referred to the appropriate committee for consideration.
Document No. 1216
Promulgated By Health and Human Services Finance Commission
Categorically Needy Eligible Groups
Received by Lt. Governor February 13, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date June 13, 1990
Senator DRUMMOND introduced Dr. Stanley Baker of Greenwood, Doctor of the Day.
The following were introduced:
S. 1261 -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AVIS AND ODELL CORLEY WHO HAVE BEEN CHOSEN PELION VOLUNTEERS OF THE YEAR FOR 1989.
On motion of Senator SETZLER, the Resolution was adopted.
S. 1262 -- Senator Martschink: A BILL TO AMEND SECTION 48-39-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL COMPREHENSIVE BEACH MANAGEMENT PLAN, SO AS TO EXTEND THE DATE UPON WHICH THE PLAN MUST BE SUBMITTED FOR APPROVAL TO THE COASTAL COUNCIL.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1263 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT ANY PERSON MAKING A FIRST MORTGAGE REAL ESTATE LOAN WHO REQUIRES THE BORROWER TO HAVE AN ESCROW ACCOUNT AS A CONDITION OF THE LOAN SHALL PAY INTEREST ON AT LEAST NINETY-FIVE PERCENT OF THE FUNDS IN THE ESCROW ACCOUNT AT THE SAME RATE AS CHARGED ON THE PRINCIPAL OF THE MORTGAGE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1264 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-72 SO AS TO REQUIRE ESCROW AGENTS RECEIVING AD VALOREM TAX PAYMENTS ON REAL PROPERTY TO REMIT THE TOTAL AMOUNT RECEIVED FOR TAXES TO THE APPROPRIATE TAXING ENTITY ON A QUARTERLY BASIS, TO PROVIDE FOR DUE DATES, AND TO PROVIDE A PENALTY FOR FAILURE TO MAKE TIMELY REMITTANCES WHICH MAY BE WAIVED UPON GOOD CAUSE SHOWN.
Read the first time and referred to the Committee on Finance.
S. 1265 -- Senators Hayes, Moore and Nell W. Smith: A BILL TO AMEND SECTION 20-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION AND A GUARDIAN AD LITEM FOR A CHILD IN A CHILD ABUSE AND NEGLECT PROCEEDING, SO AS TO PROVIDE FOR THE PROCEEDINGS UNDER WHICH THE GUARDIAN AD LITEM SERVES.
Read the first time and referred to the Committee on Judiciary.
S. 1266 -- Senator Courson: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT REFERENDA TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE REFERENDA TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS, AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Read the first time and referred to the Committee on Judiciary.
S. 1267 -- Senators Giese, Rose, Gilbert, Hinson, Long, Lee, J. Verne Smith, Shealy, Martschink, Helmly, Stilwell and Passailaigue: A BILL TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF LICENSES FOR PHARMACISTS, FEES, AND REINSTATEMENT OF LAPSED LICENSES, SO AS TO ALLOW THE STATE BOARD OF PHARMACY TO ISSUE AN INACTIVE STATUS LICENSE TO A LICENSED PHARMACIST NOT ACTIVELY ENGAGED IN THE PRACTICE OF PHARMACY IN THE STATE, AND PROVIDE FOR THE REACTIVATION OF THE PHARMACIST'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-43-265 SO AS TO PERMIT THE BOARD TO REFUSE TO GRANT A LICENSE TO PRACTICE PHARMACY TO AN OTHERWISE QUALIFIED PERSON UPON ANY OF THE GROUNDS FOR WHICH A LICENSE CAN BE REVOKED OR SUSPENDED, AND 40-43-270 SO AS TO PROVIDE THAT ACTS OR OMISSIONS BY A LICENSEE CAUSING THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE PHARMACY IN ANOTHER STATE SUPPORT THE ISSUANCE OF A FORMAL COMPLAINT AND THE COMMENCEMENT OF DISCIPLINARY PROCEEDINGS AS SET FORTH IN SECTION 40-43-260.
Read the first time and referred to the Committee on Medical Affairs.
S. 1268 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48, THE SOUTH CAROLINA MINING ACT.
Read the first time and ordered placed on the Calendar without reference.
S. 1269 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. BUDDY LEWIS OF COLUMBIA IN RICHLAND COUNTY ON HIS RECOGNITION BY THE COLUMBIA BOARD OF REALTORS AS A REALTOR WHO UPHOLDS THE HIGHEST STANDARDS OF INTEGRITY AND PROFESSIONALISM.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1270 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS TO MR. TOM JENKINS OF COLUMBIA IN RICHLAND COUNTY ON HIS BEING AWARDED THE MERITORIOUS SERVICE AWARD BY THE COLUMBIA BOARD OF REALTORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1271 -- Senators O'Dell, Williams and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE D. POLIAKOFF STORE IN ABBEVILLE AND ITS OWNER, MRS. ROSA FROM POLIAKOFF, ON THE OCCASION OF THE NINETIETH ANNIVERSARY OF THIS OUTSTANDING ABBEVILLE INSTITUTION.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1272 -- 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. 1273 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING MRS. MARIA MCALISTER PYLES, TEACHER AT GREENWOOD HIGH SCHOOL, UPON BEING SELECTED AS SOUTH CAROLINA'S 1990 TEACHER OF THE YEAR AND COMMENDING HER FOR HER DEDICATION AND COMMITMENT TO EXCELLENCE IN EDUCATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4269 -- Rep. Wright: A BILL TO AMEND SECTION 23-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFF DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE LAW ENFORCEMENT OFFICER.
Read the first time and referred to the Committee on Corrections and Penology.
H. 4547 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.
Read the first time and referred to the Committee on Finance.
H. 4591 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.
Read the first time and referred to the Committee on Agriculture and Natural Resource.
H. 4262 -- Reps. Wilkins, Nettles and Burch: A BILL TO AMEND SECTION 24-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE REFERENCE TO THE DATE CERTAIN BY WHICH THE COMMISSION IS REQUIRED TO PRESCRIBE ADVISORY SENTENCING GUIDELINES FOR THE GENERAL SESSIONS COURT FOR ALL OFFENSES FOR WHICH A TERM OF IMPRISONMENT OF GREATER THAN ONE YEAR IS ALLOWED; AND TO AMEND ACT 152 OF 1989, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO PROVIDE THAT THE ADVISORY SENTENCING GUIDELINES MUST BE PRESCRIBED ON OR BEFORE JANUARY 31, 1991, AND TO PROVIDE THAT THE CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES WHICH THE COMMISSION IS REQUIRED TO RECOMMEND TO THE GENERAL ASSEMBLY MUST BE RECOMMENDED ON OR BEFORE JANUARY 31, 1991, RATHER THAN BY DECEMBER 1, 1990.
Read the first time and referred to the Committee on Corrections and Penology.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable with amendments report on:
S. 931 -- Senators McLeod, Lourie, Nell W. Smith, Mullinax and Hinson: A BILL TO AMEND SECTION 43-30-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CLIENT-PATIENT PROTECTION ACT, SO AS TO DEFINE THE NEGLECT OF A CLIENT-PATIENT'S HEALTH OR WELFARE AND EXPLOITATION AND SECTION 43-30-100, RELATING TO PENALTIES UNDER THE ACT, SO AS TO PROVIDE FOR THE OFFENSES OF NEGLECTING AND EXPLOITING A CLIENT OR PATIENT.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
S. 1058 -- Senators Lourie, Nell W. Smith, Saleeby, Giese, Moore, Peeler, Fielding, Land, Horace C. Smith, Rose, Hinds, Mitchell, McConnell, Stilwell, Thomas, Hayes, Bryan, McLeod, Helmly, Lee, J. Verne Smith, Wilson, Long, Hinson, McGill, O'Dell, Macaulay, Mullinax, Russell and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-1060 SO AS TO PROVIDE FOR ADDITIONAL FUNDING FOR PUBLIC TRANSPORTATION; AND TO AMEND SECTION 57-11-20, RELATING TO THE STATE HIGHWAY FUND, SO AS TO PROVIDE FOR THE FUND TO BE MAINTAINED IN AN INTEREST-BEARING ACCOUNT, PROVIDE FOR THE DISBURSEMENT OF THE INTEREST, AND CHANGE THE REFERENCES TO THE CHIEF HIGHWAY COMMISSIONER TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a majority favorable and Senator LEATHERMAN a minority unfavorable report on:
S. 1168 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-3150 SO AS TO PROHIBIT THE RELEASE OR DEPOSIT OF HUMAN BODY WASTE FROM A PASSENGER TRAIN ON RAILROAD RIGHTS-OF-WAY.
Ordered for consideration tomorrow.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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.
On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator HOLLAND, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HOLLAND, with unanimous consent, H. 4546 was ordered to receive a third reading on Thursday, February 15, 1990.
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.
On motion of Senator MACAULAY, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator MACAULAY, the Bill was placed on the Calendar for consideration tomorrow.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 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 J. VERNE SMITH, with unanimous consent, the Senate agreed to dispense with the local and uncontested Calendar and proceed to a consideration of H. 3122.
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 McLEOD proposed the following amendment (Doc. No. 2968R, G2), which was adopted:
Amend the bill, as and if amended, Section 44-41-30(D) as contained in SECTION 4, page 7, line 43, by inserting after the word /department/ the following phrase:
/of social services/.
Amend title and sections to conform.
Senator McLEOD explained the amendment.
Senator McLEOD moved that the amendment be adopted.
The amendment was adopted.
Senator McLEOD proposed the following amendment (Doc. No. 2969R, G2), which was adopted:
Amend the bill, as and if amended, in Section 44-41-31(3) as contained in SECTION 1 page 2, line 32, by inserting after the word /has/ the following:
/obtained the informed signed written consent of the minor and has/
Amend title and sections to conform.
Senator McLEOD explained the amendment.
Senator McLEOD moved that the amendment be adopted.
The amendment was adopted.
Senators POPE and SHEALY proposed the following amendment (Doc. No. 2977R, G2), which was carried over and later withdrawn:
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 there has been a judicial finding of refusal of consent, and the minor has a child or children as a result of that pregnancy, the duty imposed by law of supporting the child or children extends to the minor and 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 Section 44-41-31 as contained in SECTION 1, page 2, line 19, by inserting after the "." the following:
"(A)"
Amend sections and title to conform.
On motion of Senator POPE, with unanimous consent, the amendment was carried over.
Senators POPE and SHEALY proposed the following amendment (Doc. No. 4996P), which was adopted:
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 there has been a judicial finding of refusal of consent, and the minor has a child or children as a result of that pregnancy, the duty imposed by law of supporting the child or children extends to the minor and jointly and severally to the refusing parent or legal guardian and the natural father until the minor reaches the age of eighteen years or is emancipated./
Amend the bill further, as and if amended, page 2, line 19, in Section 44-41-31, as contained in SECTION 1, by inserting after /./ the following:
/(A)/ .
Amend title to conform.
Senators POPE and SHEALY argued in favor of the adoption of the amendment.
Senator POPE moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Lee Leventis Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod 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
NAYS
Leatherman Long
The amendment was adopted.
On motion of Senator McCONNELL, Senator MITCHELL was granted a leave of absence until 2:00 P.M. today.
Senators LOURIE and NELL W. SMITH proposed the following amendment (Doc. No. 2980R, G2), which was carried over and later withdrawn:
Amend the bill, as and if amended, in Section 44-41-31 of the 1976 Code, as contained in SECTION 1, page 2, lines 23 through 28, by striking item (1) and inserting:
/(1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and witnessed, of the pregnant minor or:
(a) one parent; or
(b) a legal guardian of the minor; or
(c) an adult member of the minor's family limited to a grandparent, aunt or uncle; or
(d) any person standing in loco parentis to the minor;/
Amend title and sections to conform.
Senator LOURIE argued in favor of the adoption of the amendment.
Senator HOLLAND explained the amendment.
Senators ROSE and LEVENTIS argued contra to the adoption of the amendment.
Senator NELL W. SMITH argued in favor of the adoption of the amendment and Senators LONG and THOMAS argued contra.
Senator PATTERSON argued in favor of the adoption of the amendment and Senator BRYAN argued contra.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN 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 Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
Senator BRYAN continued arguing contra to the adoption of the amendment.
Senator HORACE C. SMITH assumed the Chair.
Senator BRYAN resumed arguing contra to the adoption of the amendment.
At 1:21 P.M., on motion of Senator LOURIE, the Senate receded from business not to exceed five minutes.
At 1:31 P.M., the Senate resumed.
Senator BRYAN continued arguing contra to the adoption of the amendment.
On motion of Senator BRYAN, with unanimous consent, the amendment was carried over.
On motion of Senator RUSSELL, Senator POPE was granted a leave of absence until 3:15 P.M.
Senator MOORE requested and was granted a leave of absence to attend a public hearing.
Senator ROSE requested and was granted a leave of absence for Thursday.
Senators LOURIE, BRYAN and McLEOD proposed the following amendment (Doc. No. 2986R), which was adopted:
Amend the bill, as and if amended, in Section 44-41-10 of the 1976 Code, as contained in SECTION 2, page 6, line 18 by adding a new item to read:
/(o) 'In loco parentis' means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days./
Amend title and sections to conform.
Senator LOURIE moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following amendment (Doc. No. 2987R), which was adopted:
Amend the bill, as and if amended, in Section 44-41-31 of the 1976 Code, as contained in SECTION 1, page 2, lines 23 through 28, by striking item (1) and inserting:
/(1) the attending physician or his agent or the referring physician or his agent has secured the informed written consent, signed and witnessed, of the pregnant minor and:
(a) one parent of the minor; or
(b) a legal guardian of the minor; or
(c) a grandparent of the minor; or
(d) any person who has been standing in loco parentis to the minor for a period not less than sixty days;/
Amend the bill further, as and if amended, in Section 44-41-31 of the 1976 Code, as contained in SECTION 1, page 2, by adding a new paragraph after line 34:
/(C) Any person standing in loco parentis and who consents to the abortion of the minor as permitted in subsection (A)(1) of this section shall sign an affidavit indicating the nature and length of his or her relationship with the minor. The affidavit must state the penalties for willfully or knowingly making a false representation. Anyone who knowingly or willfully makes a false representation in the affidavit shall be guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than one year./
Amend title and sections to conform.
Senator McLEOD spoke on the amendment.
Senator MARTSCHINK argued in favor of the adoption of the amendment.
Senator McLEOD moved that the amendment be adopted.
The amendment was adopted.
Senators NELL W. SMITH and HAYES proposed the following amendment (Doc. No. 2985R, G2), which was adopted:
Amend the bill, as and if amended, page 4, line 11, by adding after the period:
/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 may be paid by the State. Additionally, the State shall have subrogation rights against the father for payments made by the State on behalf of the child./
Amend title and 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.
Senator SHEALY proposed the following amendment (Doc. No. 0755o), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Chapter 19, Title 2 of the 1976 Code is amended by adding:
"Section 2-19-35. Pursuant to an investigation, the Joint Committee shall consider whether a judicial candidate, based upon his testimony, would make a decision concerning an order allowing an abortion based solely on what is in the best interests of the minor female. If the Joint Committee finds that for religious, moral, or personal considerations, the candidate could not make a determination based solely on what is in the best interests of the minor female, this information must be presented to the Supreme Court. The Supreme Court shall use this information to appoint another judge to hear the abortion cases the candidate would have heard. No finding by the Joint Committee that a candidate could not make a determination based solely on the best interest of the minor female in abortion cases shall disqualify the candidate or prejudice the appointment."/
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator LOURIE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator SHEALY continued arguing in favor of the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
Senators NELL W. SMITH and SHEALY proposed the following previously carried over amendment (Doc. No. 2972R), (printed in the Journal of Tuesday, February 13, 1990, as Document No. 2955R), which was withdrawn.
On motion of Senator NELL W. SMITH, with unanimous consent, the amendment was withdrawn.
Senators NELL W. SMITH and SHEALY proposed the following previously carried over amendment (Doc. No. 2973R), (printed in the Journal of Tuesday, February 13, 1990, as Document No. 2911R), which was withdrawn.
On motion of Senator NELL W. SMITH, with unanimous consent, the amendment was withdrawn.
Senator POPE proposed the following previously carried over amendment (Doc. No. 2974R), (printed in the Journal of Tuesday, February 13, 1990, as Document No. 2957R), which was withdrawn.
On motion of Senator POPE, with unanimous consent, the amendment was withdrawn.
Senators NELL W. SMITH and McLEOD proposed the following previously carried over amendment (Doc. No. 2976R), (printed in the Journal of Tuesday, February 13, 1990, as Document No. 2959R), which was withdrawn.
On motion of Senator NELL W. SMITH, with unanimous consent, the amendment was withdrawn.
The PRESIDENT assumed the Chair.
Senators POPE and SHEALY proposed the following amendment (Doc. No. 2977R), which was previously carried over and withdrawn.
On motion of Senator McLEOD, with unanimous consent, the amendment was withdrawn.
Senators LOURIE and NELL W. SMITH proposed the following amendment (Doc. No. 2980R, G2), which was previously carried over and withdrawn.
On motion of Senator LOURIE, with unanimous consent, the amendment was withdrawn.
Senator NELL W. SMITH proposed the following amendment (Doc. No. 2988R), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 6, Section 44-41-37, line 8, by inserting the following:
/The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following:
(1) how to access her local health department for prenatal care;
(2) how to access her local Adoption and Birth Parent Services division of the Department of Social Services or any private not for profit adoption service;
(3) the parental consent requirement as outlined in this bill;
(4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and
(5) how to access her local mental health center for counseling services./
Amend title and sections to conform.
Senator NELL W. SMITH argued in favor of the adoption of the amendment.
Senator THOMAS spoke on the amendment.
Senator NELL W. SMITH moved that the amendment be adopted.
The amendment was adopted.
Senators POPE and MATTHEWS proposed the following previously carried over amendment (Doc. No. 2975R, G2), (printed in the Journal of Tuesday, February 13, 1990, as Document No. 2901R), which was tabled.
Senator McLEOD explained the amendment.
Senators THOMAS and BRYAN argued contra to the adoption of the amendment.
Senator HINSON spoke on the Bill.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Giese Helmly Hinson Leatherman Lee Leventis Long McConnell McGill McLeod Moore O'Dell Peeler Rose Russell Setzler Smith, H.C. Smith, J.V. Stilwell Thomas Wilson
NAYS
Fielding Gilbert Hayes Hinds Holland Lourie Macaulay Martschink Mitchell Mullinax Passailaigue Patterson Pope Saleeby Shealy Smith, N.W. Waddell Williams
The amendment was laid on the table.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator PATTERSON requested and was granted a leave of absence for Thursday, February 15, 1990.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Commissioner, South Carolina Department of Labor, with term to expire January 1, 1990:
Virgil W. Duffie, Jr., 1510 Milford Road, Columbia, S.C. 29206 VICE Edgar McGowan (resigned)
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Reappointment, Commissioner, Department of Labor, with term to expire January 1, 1994:
Mr. Virgil W. Duffie, Jr., 1510 Milford Road, Columbia, S.C. 29206
On motion of Senator J. VERNE SMITH, 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:
Appointment, Commissioner, South Carolina Department of Labor, with term to expire January 1, 1990:
Virgil W. Duffie, Jr., 1510 Milford Road, Columbia, S.C. 29206 VICE Edgar McGowan (resigned)
Reappointment, Commissioner, Department of Labor, with term to expire January 1, 1994:
Mr. Virgil W. Duffie, Jr., 1510 Milford Road, Columbia, S.C. 29206
Reappointments, Members, Dillon County Board of Voter Registration, with terms to expire March 15, 1992:
Mrs. Eleanor L. Bethea, 301 McLean Dr., 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 St., Dillon, S.C. 29536
Reappointments, Members, Fairfield County Board of Voter Registration, with terms to expire March 15, 1992:
Dora B. Weir, Francis Marion Rd., Winnsboro, S.C. 29180
Emma H. Massey, P.O. Box 884, Winnsboro, S.C. 29180
Ann S. Stewart, 120 Dogwood Ave., Winnsboro, S.C. 29180
At 3:45 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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