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 words from the Sermon on the Mount, as recorded by St. Matthew (5:6):
"Blessed are they which hunger and
thirst after righteousness:
For they shall be filled."
Let us pray.
Dear Lord, we know that the disciples of Jesus of Nazareth were common men and women, such as we are... dreaming of better days... plodding... working... hoping! Sometimes they did not understand reality. Sometimes they were misunderstood! Often they were ambitious! Sometimes they wavered in their faith... and faltered! Frequently they were enthusiastic! Often they were fearful!
But then, praise God, they hungered to do the right thing! They thirsted after the water that sustains life and character.
Help us to hunger and thirst after loyalty, courage, faith, and the willingness to take up the burdens that are for the good of our people.
If we can't always win, help us to give it a good try!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 8, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
1st Congressional District:
Mr. Michael Calder Bolchoz, 218 Live Oak Avenue, Charleston, S.C. 29407 VICE Mr. Danny Berlinsky
Referred to the General Committee.
May 8, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1992:
Greenwood/Abbeville:
Mr. William Franklin Snipes, Route 4, Box 251-A, Abbeville, S.C. 29620 VICE Mr. Fred Tector
Referred to the Committee on Labor, Commerce and Industry.
May 8, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Permanent Advisory Council of the State Development Board, with term to expire July 1, 1994:
Edgefield/McCormick:
Mr. James F. Martin, President, Martin Color-Fi, Incorporated, Post Office Box 469, Edgefield, S.C. 29824 VICE Mr. Herman C. Shealy
Referred to the Committee on Labor, Commerce and Industry.
Columbia, S.C., May 9, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-555, H. 4809 by a vote of 3 to 0:
(R555) H. 4809 -- Rep. Rhoad: AN ACT TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.
Very respectfully,
Speaker of the House
On motion of Senator WILLIAMS, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator WILLIAMS moved that the veto by the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The veto of the Governor was overridden.
Columbia, S.C., May 8, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-548, H. 5044 by a vote of 9 to 0:
(R548) H. 5044 -- Rep. Jaskwhich: AN ACT TO AMEND ACT 916 OF 1970, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO AUTHORIZE THE EMPLOYMENT OF FIREMEN AND OTHER EMPLOYEES IN ADDITION TO SELECTING VOLUNTEER FIREMEN.
Very respectfully,
Speaker of the House
On motion of Senator STILWELL, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator STILWELL moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The veto of the Governor was overridden.
The following was received and referred to the appropriate committee for consideration.
Document No. 1237
Promulgated By Department of Health and Environmental Control
Residential Treatment Facilities for Children and Adolescents
Received by Lt. Governor May 8, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date September 5, 1990
Senator MARTSCHINK introduced Dr. Eugene Rutland of Charleston, Doctor of the Day.
Columbia, S.C., May 8, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Limehouse, Derrick and Gentry of the Committee of Free Conference on the part of the House on:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 9, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
Very respectfully,
Speaker of the House
The report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
Columbia, S.C., May 9, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. J. Bailey, Wilder and Haskins of the Committee of Conference on the part of the House on:
H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 8, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill and has ordered the Bill enrolled for Ratification:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 8, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4927 -- Reps. Kay, Carnell and Townsend: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ABBEVILLE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ABBEVILLE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, TO PROVIDE FOR A DIRECTOR AND AN ASSISTANT FOR THE COMMISSION, AND PROVIDE A TRANSITION PERIOD.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.
The House returned the Bill with amendments.
On motion of Senator WADDELL, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.
S. 1590 -- Senators Horace C. Smith, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING AND THANKING GRADY A. WALLACE FOR HIS OUTSTANDING CAREER OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA WITH THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND WISHING HIM HAPPINESS UPON HIS RETIREMENT.
Returned with concurrence.
Received as information.
H. 4723 -- Reps. M.O. Alexander and T.C. Alexander: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE RETAIL LICENSE, SO AS TO CONSOLIDATE THE PROVISIONS GOVERNING SPECIAL RETAIL LICENSES AND EXEMPTIONS FROM THE RETAIL LICENSE REQUIREMENT, TO CLARIFY THE LICENSE REQUIREMENTS FOR RETAILERS CONDUCTING A TRANSIENT OR TEMPORARY BUSINESS, AND TO PROVIDE DEFINITIONS, AND TO PROVIDE FOR A SPECIAL SALES TAX RETURN FOR SPECIAL EVENTS IN LIEU OF THE RETAIL LICENSE REQUIREMENTS AND DISCOUNT PROVISIONS, AND TO PROVIDE DEFINITIONS AND TO AUTHORIZE THE TAX COMMISSION TO DETERMINE WHICH LICENSE A RETAILER MUST OBTAIN.
On motion of Senator WADDELL, with unanimous consent, the Bill was recalled from the Committee on Finance.
On motion of Senator WADDELL, the Bill was ordered placed on the Calendar for consideration tomorrow.
On motion of Senator MATTHEWS, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Sharon A. Maxwell of Williamsburg County on the occasion of being selected the Outstanding Military Science IV Woman Cadet in the U.S. Army first region.
Senators WILLIAMS and McGILL joined Senator MATTHEWS in presenting a Resolution to Ms. Maxwell.
The following were introduced:
S. 1592 -- Senators Bryan and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 86 BEGINNING AT ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 20 IN GREENVILLE COUNTY AND CONTINUING INTO ANDERSON COUNTY TO THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 53 AND SOUTH CAROLINA HIGHWAY 86 AS "M. J. 'DOLLY' COOPER ROAD".
On immediate consideration, the Concurrent Resolution was adopted and ordered sent to the House.
S. 1593 -- Senators Setzler and Shealy: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.
Read the first time and on motion of Senator SETZLER, with unanimous consent, was ordered placed on the Calendar without reference.
On motion of Senator SETZLER, with unanimous consent, S. 1593 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1594 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE SHARON A. MAXWELL OF WILLIAMSBURG COUNTY UPON BEING SELECTED THE OUTSTANDING MILITARY SCIENCE IV WOMAN CADET IN THE UNITED STATES ARMY FIRST REGION AND PRESENTED THE PALLAS ATHENE AWARD.
On immediate consideration, the Concurrent Resolution was adopted and ordered sent to the House.
S. 1595 -- Senators Lindsay, 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, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A SENATE RESOLUTION TO JOIN WITH THE CITY OF CHARLESTON IN CELEBRATING WILLIAM AND CHARLOTTE MCQUEENEY DAY ON MAY 12, 1990, IN HONOR OF THE CULMINATION OF THEIR DREAMS AND SACRIFICES WHEN THEIR SON CHRISTOPHER JOINS HIS SIX BROTHERS AS A CITADEL GRADUATE.
Senator McCONNELL spoke on behalf of Senator LINDSAY on the Senate Resolution.
On motion of Senator McCONNELL, with unanimous consent, the Resolution was adopted.
H. 5086 -- Rep. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. GEORGE HIGH SCHOOL VARSITY BASKETBALL TEAM IN DORCHESTER COUNTY UPON WINNING THE 1989-90 BOYS' CLASS A STATE CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 5087 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY BOYS' HIGH SCHOOL BASKETBALL TEAM UPON WINNING THE 1989-90 BOYS CLASS AA STATE CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 5088 -- Reps. K. Bailey, Bennett, Felder and McCain: A CONCURRENT RESOLUTION TO CONGRATULATE SHARON A. MAXWELL OF WILLIAMSBURG COUNTY UPON BEING SELECTED THE OUTSTANDING MILITARY SCIENCE IV WOMAN CADET IN THE UNITED STATES ARMY FIRST REGION AND PRESENTED THE PALLAS ATHENE AWARD.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT REQUIRED ON BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE EVERY TRAILER AND SEMITRAILER, RATHER THAN JUST THOSE OVER THREE THOUSAND POUNDS OF GROSS WEIGHT, TO HAVE CERTAIN LIGHTING EQUIPMENT, INCLUDING A STOP LIGHT.
Read the first time and referred to the Committee on Transportation.
H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: A BILL TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN.
Read the first time and referred to the Committee on Finance.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
H. 3237 -- Rep. Limehouse: A BILL TO AMEND SECTION 40-6-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR SUSPENSION OR REVOCATION OF AN AUCTIONEER'S LICENSE, SO AS TO ADD AS A GROUND CONVICTION OF A FELONY.
On motion of Senator HORACE C. SMITH, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator HORACE C. SMITH, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator HORACE C. SMITH, with unanimous consent, H. 3237 was ordered to receive a third reading on Thursday, May 10, 1990.
Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendments report on:
H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendments report on:
H. 4668 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED BY ALL LAW ENFORCEMENT OFFICERS IN ARRESTS FOR OFFENSES, THE PUNISHMENT FOR WHICH IS WITHIN THE JURISDICTION OF THE MAGISTRATE'S AND MUNICIPAL COURT.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
Senator WADDELL spoke on the Bill.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 5059 -- Reps. Holt, J. Bailey, Barber, Hallman, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1990-91 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1990-91.
H. 3100 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.
H. 4387 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE PARKING PRIVILEGES TO APPLY FOR AN OUT-OF-STATE MOTOR VEHICLE DISPLAYING EVIDENCE OF HANDICAP.
H. 4505 -- Rep. Altman: A BILL TO AMEND SECTION 56-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF OBSOLETE RECORDS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO DELETE THE PROVISION ALLOWING THE DEPARTMENT TO DESTROY RECORDS WHICH HAVE BEEN MAINTAINED ON FILE FOR FIVE YEARS; AND TO REPEAL SECTION 56-19-490 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT FILE AND MAINTAIN SURRENDERED CERTIFICATES OF TITLE.
H. 4619 -- Reps. Beasley, Hayes and Fair: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.
H. 4863 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT WHEN THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT THE REMAINING OF THAT PORTION OF THE AWARD MUST BE PAID TO A SURVIVING SPOUSE OR OTHER FULL DEPENDENT, OR IF THERE IS NONE, TO BE DISTRIBUTED IN THE SAME MANNER AS PROVIDED IN THIS SECTION FOR CASES WHERE THE EMPLOYEE IS SURVIVED BY NO FULL DEPENDENTS RATHER THAN DIVIDING THE BENEFITS EQUALLY AMONG ALL THE CHILDREN.
H. 4901 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MANUFACTURED HOUSING BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1207, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4925 -- Rep. Wright: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHINQUAPIN HOLLOW, INC., IN LEXINGTON COUNTY.
H. 4584 -- Charleston Delegation: A JOINT RESOLUTION TO AUTHORIZE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO BORROW NOT MORE THAN TWO HUNDRED TEN THOUSAND DOLLARS FROM THE STATE BUDGET AND CONTROL BOARD STATE-OWNED PROPERTY RENT ACCOUNT AND TO PROVIDE REPAYMENT TERMS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (Doc. No. 3663J) proposed by Senator POPE and previously printed in the Journal of Tuesday, May 8, 1990.
Senator LEATHERMAN raised a point of order that the amendment was out of order inasmuch as notice of general amendments had not been given on second reading.
The PRESIDENT sustained the Point of Order.
Senator POPE asked unanimous consent to take up the amendment (Doc. No. 3663J) for immediate consideration.
Senator LEATHERMAN objected.
The question was third reading of the Bill.
The Bill was read the third time and having received three readings in both Houses it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
The following House Bills were read the third time, passed and ordered returned to the House with amendments:
H. 4559 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT OF CONTEMPT OF COURT FOR A PERSON WHO WILFULLY VIOLATES A LAWFUL ORDER OF THE COURT TO MAKE CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT A PERSON SENTENCED TO IMPRISONMENT UNDER THE PROVISIONS OF THIS SECTION MAY EARN GOOD TIME AND WORK CREDITS AND PARTICIPATE IN A WORK/PUNISHMENT PROGRAM.
H. 5053 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO NAME THE S.C. 9 BRIDGE CROSSING THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "SENATOR ROGER C. SCOTT MEMORIAL BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.
On motion of Senator SETZLER, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the third reading of the Bill.
Senator SHEALY spoke contra to the third reading of the Bill and Senator DRUMMOND spoke in favor of third reading of the Bill.
Senator MOORE spoke on the Bill.
Senator MITCHELL proposed the following amendment (Doc. No. 1439o), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Article 9, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1230. An employee who has at least five years of membership service and has contributed to the South Carolina Retirement System may borrow up to fifty percent of his contributions from the employee annuity savings fund. The loan must be repaid within five years. Interest accrues at a rate of three percent a year on the unpaid balance.
The three percent interest paid by the employee must be divided, one percent to the general fund of the State Treasurer's Office and two percent to the System to be distributed to the employee annuity savings fund.
If the loan is not repaid at the time a distribution is due to the employee or his beneficiaries, the unpaid loan amount and accrued interest must be deducted from a lump sum distribution. Periodic payments due the employee or his beneficiaries must first be credited to an unpaid loan amount and accrued interest until paid in full."/
Renumber sections to conform.
Amend title to conform.
Senator MITCHELL spoke in favor of the adoption of the amendment.
On motion of Senator MITCHELL, with unanimous consent, the amendment was withdrawn.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator NELL W. SMITH desired to be recorded as voting against the third reading of the Bill.
We wish to be recorded as voting in opposition to H. 3609 as proposed. From the extensive amount of information made available by the interests involved, which was reviewed and considered, the initial concerns focused on the fiscal soundness of the original proposal. Concerns such as escalating health care costs, medical coverages available, future cost of living increases, and the increased employee contribution rates necessary to assure a fiscally sound retirement system, were all important considerations to provide an early retirement option to those participating in the state plan.
Reviewing the agreement finally reached, those concerns were substantiated by the conditions addressed in the compromise. Although the compromise may have appeared advantageous from a political or partisan perspective, it did not serve the best interests of those who would be affected by the agreement reached by others, in that it significantly reduced lifetime benefits, did not provide for health insurance coverage, increased the employee contribution and would have the effect of reducing the retirement fund pool necessary to provide future cost of living increases. Therefore, we were unable to support the proposal as presented, which, by the agreement, could not be amended.
I wish to be recorded as voting "No" on H. 3609. My reasons are numerous. First, I do not believe people who work in stores, mills, factories, farms and other places of employment, who can not effort a retirement plan in 25 years should be forced to pay for teachers and other state employees to retire after 25 years. Second, I believe this sends a message to industries considering locating here that conditions are tending to become less favorable, because they have to compete with the State for employees. A third important consideration, and one of the most important is the possible loss of good teachers at a stage when they can do the best job of their careers. Fourth, if experienced teachers who are getting higher pay retire and are replaced with younger teachers at a lower pay it will bring the average pay down and we will be faced with equalling the south eastern average, which will cause an increase in taxes.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
S. 1578 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW MEMORIAL FOUNDATION, INC., IN HORRY COUNTY AND TO REPEAL AN ACT OF 1990 WHICH RESTORED THE CHARTER OF OCEAN VIEW FOUNDATION, INC.
The following Bill having been read the second time was passed and ordered to a third reading with notice of general amendments:
H. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS; TO AMEND SECTION 20-7-1510, RELATING TO THE DISPOSITION OF FINES AND FORFEITURES GENERATED BY THE CIRCUIT AND FAMILY COURT, SO AS TO PROVIDE SPECIFICALLY THAT FINES AND FORFEITURES FOR SHELLFISH VIOLATIONS ARE EXCLUDED FROM THE GENERAL DISTRIBUTION PROVISIONS; AND TO AMEND SECTION 44-53-580, RELATING TO THE DISPOSITION OF FINES GENERATED FROM NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE THAT ONE-FOURTH OF THE FINES MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY WHERE THE VIOLATION OCCURRED.
Senator POPE explained the Bill.
The following Bills having been read the second time were passed and ordered to a third reading:
H. 4934 -- Rep. Kirsh: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AMEND THE AUTHORIZATION FOR THE DENMARK TECHNICAL COLLEGE STUDENT SERVICE CENTER RENOVATION AND ADDITION BY ADDITIONALLY AUTHORIZING THE PROCEEDS FROM THE BONDS TO BE EXPENDED FOR THE COMPLETION OF THE PHYSICAL PLANT BUILDING.
H. 5052 -- Rep. Wofford: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANGAREE CIVIC LEAGUE.
H. 4918 -- Rep. T.C. Alexander: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was taken up for immediate consideration.
Senator WILLIAMS proposed the following amendment (Doc. No. 5221P), which was adopted:
Amend the bill, as and if amended, page 1, line 43, in Section 44-55-2320, as contained in SECTION 1, by inserting after /entity./ /'Person' does not mean a church, synagogue, or religious organization./
Amend the bill further, as and if amended, page 2, line 7, in Section 44-55-2320, as contained in SECTION 1, by inserting after /guests/ /, or which is not owned, constructed, operated, or maintained by a church, synagogue, or religious organization/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator WILLIAMS, with unanimous consent, H. 4918 was ordered to receive a third reading on Thursday, May 10, 1990.
S. 1447 -- Senator Macaulay: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recommitted to the Committee on Medical Affairs.
H. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT IF PARTICULAR RECORDS OR DOCUMENTS ARE FURNISHED TO A PERSON WITHOUT CHARGE OR AT A REDUCED FEE, THE SAME RECORDS OR DOCUMENTS MUST BE FURNISHED TO ALL PERSONS REQUESTING THEM WITHOUT CHARGE OR AT THAT REDUCED FEE, AND TO PROVIDE THAT IF A FEE OR HIGHER FEE HAS PREVIOUSLY BEEN CHARGED, IT MUST BE REFUNDED TO THE APPROPRIATE PERSON WHO EARLIER WAS CHARGED THE FEE OR HIGHER FEE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 3589J) was adopted as follows:
Amend the bill, as and if amended, page 1, in Section 30-4-30(b), as contained in SECTION 1, by striking lines 36 through 42 and inserting therein the following:
/searching for or making copies of records. Fees charged by a public body must be uniform for copies of the same record or document; provided, however, that members of the General Assembly may receive copies of records or documents at no charge from public bodies. Such The records/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4716 -- Reps. Whipper, Winstead, Wilkes, White, Holt, Washington, D. Martin, Barber, Kohn, Keyserling, G. Bailey, Waites and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator SHEALY proposed the following amendment (Doc. No. 1490o):
Amend the resolution, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. A. It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:
"Section 7. Except when conducted by the State, no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries as provided for by the General Assembly. The revenue from the state lottery, after payment of operational expenses which may not exceed fifteen percent of the gross sales, must be apportioned as follows:
(1) The first year's revenue must be used for repayment of debt incurred because of damage by Hurricane Hugo and any surplus must be used for educational purposes.
(2) After the first year:
(a) Counties shall receive up to twenty-five million dollars for reimbursement for health care for the indigent. Each county shall levy millage as required by law and reduce from the total, millage which offsets lottery funds received for health care for the indigent. The amount paid each county must be based on expenses by the county for medically indigent for the prior year.
(b) After the requirements of subitem (a) are satisfied, ten million dollars must be used for the elderly and handicapped as the General Assembly shall provide.
(c) After the requirements of subitem (b) are satisfied, the remainder must be used for equipment for public education including technical schools.
The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual State state and county fairs, shall is not be deemed considered a lottery prohibited by this section."
B. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted only by the State as provided for by the General Assembly with the revenues apportioned as follows:
(1) The first year's revenue must be used for repayment of debt incurred because of damage by Hurricane Hugo and any surplus must be used for educational purposes.
(2) After the first year:
(a) Counties shall receive up to twenty-five million dollars for reimbursement for health care for the indigent. Each county shall levy millage as required by law and reduce from the total, millage which offsets lottery funds received for health care for the indigent. The amount paid each county must be based on expenses by the county for medically indigent for the prior year.
(b) After the requirements of subitem (a) are satisfied, ten million dollars must be used for the elderly and handicapped as the General Assembly shall provide.
(c) After the requirements of subitem (b) are satisfied, the remainder must be used for equipment for public education including technical schools.
No [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Senator POPE raised a Point of Order that the amendment was out of order insasmuch as it was not germane to the subject matter of the Resolution.
Senator SHEALY spoke on the Point of Order.
The PRESIDENT took the matter under advisement.
The following Joint Resolution was carried over:
H. 4788 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CERTIFICATION OF MINORITY BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1206, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(On motion of Senator POPE)
On motion of Senator LEATHERMAN, with unanimous consent, the Senate agreed to proceed to the Interrupted Debate and, at the conclusion of the Interrupted Debate, would revert to consideration of the matters on the uncontested Statewide Calendar.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
On motion of Senator POPE, with unanimous consent, the debate on the Bill and all pending amendments was limited to a total of ten minutes, with five minutes each to be apportioned to proponents and opponents on both the Bill and each pending amendment.
Senator POPE argued in favor of second reading of the Bill and Senator LEATHERMAN argued contra.
Senator LEATHERMAN moved to continue the Bill.
Senator WILLIAMS moved to table the motion to continue.
Senator LEATHERMAN raised a Point of Order that the motion to table the motion to continue was out of order inasmuch as the motion to continue was a higher motion and was therefore not subject to a tabling motion.
Senator SETZLER spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Giese Gilbert Hayes Hinds Hinson Land Leventis Long Lourie Macaulay Martin Martschink Matthews McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Waddell Williams Wilson
NAYS
Drummond Helmly Leatherman Lee McConnell Rose Russell Stilwell Thomas
The motion to continue the Bill was tabled.
By prior motion, the time had arrived on which to vote on the entire matter of S. 592.
Senator ROSE proposed the following amendment (Doc. No. 3702R), which was tabled:
Amend the bill, as and if amended, Section 15-3-531(B), page 592-5, line 5, by inserting after the word /completed/ the words /or should have completed/.
Amend the bill further, Section 15-3-531(B), page 592-5, line 6, by inserting after the word /discovered/ the words /or should have discovered/.
Amend title and renumber sections to conform.
Senator ROSE argued in favor of the adoption of the amendment and Senator POPE argued contra.
Senator ROSE moved to that the amendment be adopted.
Senator POPE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators McCONNELL and ROSE proposed the following amendment (Doc. No. 3529J), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 33, by striking Section 15-3-531(A), as contained in SECTION 1, in its entirety and inserting therein the following:
/"Section 15-3-531. (A) Notwithstanding the provisions of Section 15-3-530 or any other provision of law, an action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of a county, municipality, school district, or housing authority, the State, or any other political subdivision of the State, referred to in this section as a public entity, to recover for (1) necessary removal for health or safety reasons of asbestos or materials containing asbestos from a building owned or used by the public entity or (2) reimbursement for the removal, correction, or amelioration necessary for health or safety reasons, related to asbestos in the building, accruing on or after the effective date of this section, must be brought within five years after the date on which the public entity seeking to recover has completed the abatement work or discovered the identity of the manufacturer of the materials which are abated, whichever is later."/
Amend title to conform.
Senator POPE moved that the amendment be adopted.
The amendment was adopted.
Senator GIESE proposed the following amendment (Doc. No. 1508o), which was tabled:
Amend the bill, as and if amended, in Section 15-3-531 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (D) to the section to read:
/(D) No punitive damages may be recovered in actions to which the provisions of this section apply./
Amend title to conform.
Senators GIESE and DRUMMOND argued in favor of the adoption of the amendment and Senator ROSE argued contra.
Senator GIESE moved that the amendment be adopted.
Senator MACAULAY asked unanimous consent to amend the amendment.
Senator SETZLER raised a Point of Order that under the operation of Rule 15A, once the time certain to vote has arrived, no further amendments from the floor are in order and inasmuch as the amendment was not on the desk for consideration before the time set for voting on the entire matter was reached, the amendment was out of order.
Senator McCONNELL spoke on the Point of Order.
On motion of Senator MACAULAY, with unanimous consent, the amendment to the amendment was withdrawn.
The Point of Order was moot.
Senator ROSE moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
On motion of Senator SALEEBY, with unanimous consent, the Senate dispensed with the remainder of the uncontested Statewide Calendar.
Motion Adopted
On motion of Senator WILLIAMS, the Senate agreed to dispense with the Motion Period.
Debate Interrupted
S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
Senator WADDELL asked unanimous consent to make a motion to carry over the Resolution.
Senator LEATHERMAN objected.
Senator LEATHERMAN spoke on the Resolution.
Senator PEELER asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Senate recede from business until 3:00 P.M.
Senator McCONNELL objected.
Senator LEATHERMAN argued in favor of second reading of the Resolution.
On motion of Senator WILLIAMS, with unanimous consent, Senator LEATHERMAN retaining the floor, the Senate receded.
Debate was interrupted by recess, Senator LEATHERMAN retaining the floor.
At 1:10 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:30 P.M.
At 2:35 P.M., the Senate resumed.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Courson Drummond Giese Helmly Leatherman Lee Macaulay Matthews McConnell Mullinax Passailaigue Peeler Pope Russell Setzler Shealy Smith, J.V. Stilwell Thomas Waddell Wilson
A quorum was not present.
Senator SETZLER moved under Rule 2 that the Senate recede from business until a quorum is present.
Senator SETZLER withdrew the motion.
Senator SETZLER moved that a call of the Senate be made.
Senator LEATHERMAN moved that the Senate stand adjourned.
Senator McCONNELL raised a Point of Order that a Call of the Senate was made prior to the motion to adjourn and would be the question before the body.
Senator DRUMMOND spoke on the Point of Order.
The PRESIDENT sustained the Point of Order and stated that when a quorum was not present, all motions provided for under Rule 2 were of equal status and, therefore, the first motion made that being a Call of the Senate, would be the motion before the body.
The following Senators answered the Call:
Bryan Courson Drummond
Fielding Giese Hayes
Helmly Hinds Hinson
Holland Land Leatherman
Lee Leventis Long
Lourie Macaulay Martschink
Matthews McConnell McGill
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.
Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.
Senator McCONNELL objected.
The following was introduced:
S. 1596 -- Senator Mullinax: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MAY, 1990, AS PARLIAMENTARY MONTH.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
Senator GIESE requested and was granted a leave of absence from 4:00 P.M. until 8:30 P.M. today.
S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.
The Senate resumed consideration of the Resolution. The question being the second reading of the Resolution.
Senator LEATHERMAN argued in favor of second reading of the Resolution.
Senator MULLINAX asked unanimous consent to make a motion to carry over the Resolution, Senator LEATHERMAN retaining the floor.
Senator SHEALY objected.
Senator LEATHERMAN continued arguing in favor of second reading of the Resolution.
Senator MULLINAX asked unanimous consent to make a motion to carry over the Resolution, Senator LEATHERMAN retaining the floor.
Senator SHEALY objected.
Senator LEATHERMAN argued in favor of second reading of the Resolution.
Senator McCONNELL raised a Point of Order that the speaker was becoming "tedious and superfluous".
The PRESIDENT took note of the Point of Order, and indicated that he would monitor the progress of the debate.
Senator LEATHERMAN continued speaking in favor of second reading of the Resolution.
Senator POPE asked unanimous consent to make a motion to continue the Resolution, Senator LEATHERMAN retaining the floor.
Senator MACAULAY objected.
Senator POPE raised a Point of Order that the speaker was becoming "tedious and superfluous".
Senator SETZLER spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT took note of the Point of Order and indicated that he would monitor the progress of the debate.
Senator LEATHERMAN spoke in favor of the Resolution.
On motion of Senator MOORE, the Resolution was carried over in the status of Special Order.
Senator SHEALY desired to be recorded as voting against the motion to carry over the Resolution.
Senator WADDELL requested and was granted a leave of absence from 6:00 P.M. today until Tuesday, May 15, 1990.
Senator PASSAILAIGUE requested and was granted a leave of absence for the remainder of the day.
Senator MITCHELL requested and was granted a leave of absence for the remainder of the day.
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WILLIAMS argued in favor of second reading of the Bill.
Senator LONG argued in favor of second reading of the Bill.
Senator BRYAN spoke on the Bill.
Senator McCONNELL argued in favor of second reading of the Bill.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator WILLIAMS asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion to proceed to a consideration of the amendments on the desk.
Senator LEATHERMAN objected.
Senator DRUMMOND argued contra to second reading of the Bill.
Senator McCONNELL asked unanimous consent, with Senator DRUMMOND retaining the floor, to make a motion to proceed to a consideration of the amendments on the desk.
Senator LEATHERMAN objected.
Senator DRUMMOND continued arguing contra to second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, Senator DRUMMOND retaining the floor, the Senate stood adjourned.
Debate was interrupted by adjournment, Senator DRUMMOND retaining the floor.
On motion of Senator WILSON, with unanimous consent, the Senate adjourned out of respect to the memory of the unnamed baby of Fairfield County who passed away yesterday.
At 5:05 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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