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 of St. Paul to the Philippians (4:8)(NIV):
"Finally... whatever is true, whatever
is noble, whatever is right, whatever
is pure, whatever is lovely, whatever
is admirable... if anything is excellent
or praiseworthy... think about
such things".
Let us pray.
Father, we do not read either in the Old Testament... or the New... where we are promised an easy life; but over and over we read about "cross-bearing"... "self control"... and especially the words, "My grace is sufficient for Thee"... ring in our ears.
So, we do not pray, today, that You will take away our problems, but that You will make us equal to the strain of our tasks.
When we are right... and doubts assail us... help us to hear the words "stand firm".
When worry grips us and paralyzes our reason... or when problems get in the way of faith and trust... may we hear the Spirit say "stand firm".
And, Father, if we should have difficulty understanding the words of Scripture, we pray, in the vernacular, "Help us to hang in there... in Jesus' Name!"
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
TO: The Clerk of the Senate
The Clerk of the House
FROM: John I. Rogers, III,
Chairman, Judicial
Screening Committee
DATE: May 17, 1990
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
John I. Rogers, III
Chairman
/s/ Sen. Thomas H. Pope, Vice-Chairman
/s/ Sen. Isadore E. Lourie
/s/ Sen. John A. Martin
/s/ Sen. Glenn F. McConnell
/s/ Rep. Larry E. Gentry
/s/ Rep. Daniel E. Martin, Sr.
/s/ Rep. D. Malloy McEachin, Jr.
Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. Our role is that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.
There is one candidate for the position of Judge of the Circuit Court, At Large Seat #3, to fill the unexpired term of Judge James M. Morris, who is retiring effective September 30, 1990.
Having completed the investigation as required by the Act, the Committee by this report respectfully submits its findings to the members of the General Assembly for their consideration.
The report consists of the transcripts of the proceedings before the Screening Committee, held at the State House on May 8, 1990, and the portions of the documents submitted by the candidate which were made part of the public record. The candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference, including one from the candidate's banker, and was subject to a background investigation by SLED. Those documents may be viewed in the office of the Judicial Screening Committee in 402B Blatt Building until the date and time of the election.
The candidate appeared at the screening and testified under oath.
REPRESENTATIVE ROGERS: I WILL CALL THIS MEETING OF THE SCREENING COMMITTEE TO ORDER. WE ARE HERE FOR THE PURPOSE OF SCREENING MALCOLM DUANE SHULER FOR A CIRCUIT COURT JUDGESHIP, HE BEING THE ONLY APPLICANT. THE COMMITTEE IS IN SESSION. WE HAVE THREE MEMBERS OF THE HOUSE; SENATOR MCCONNELL AND SENATOR MCCONNELL HAS THE PROXY OF SENATOR POPE, SO THAT WE HAVE THE NECESSARY MEMBERS PRESENT TO PROCEED. MR. SHULER, WILL YOU COME FORWARD AND BE SWORN, PLEASE, SIR.
(M. DUANE SHULER, CANDIDATE FOR JUDGESHIP OF THE CIRCUIT COURT, AT LARGE, SEAT NO. 3, WAS DULY SWORN BY REPRESENTATIVE ROGERS.)
REPRESENTATIVE ROGERS: PLEASE, ANSWER ANY QUESTIONS COUNSEL MAY HAVE.
Q. MR. SHULER, DID YOU HAVE AN OPPORTUNITY TO LOOK OVER THE SUMMARY OF THE QUESTIONNAIRE THAT YOU FILLED OUT FOR US?
A. YES, SIR, I DID.
Q. DID YOU FIND ANYTHING ON THAT THAT NEEDS TO BE CLEARED UP OR CLARIFIED OR CORRECTED?
A. NO, SIR.
Q. ALL RIGHT, SIR, IF THERE IS NO OBJECTION, THAT WILL BE MADE A PART OF THE RECORD THEN.
1. Malcolm Duane Shuler
Home Address: Business Address:
Rt. 2 Box 29 #2 Courthouse Square
Kingstree, SC 29556 Kingstree, SC 29556
2. He was born in Kingstree, South Carolina on May 9, 1948.
Social Security Number: ***-**-*****
4. He was married to Glenda Brown Shuler on June 6, 1970. They have two children: Jonathan Duane, age 17 and Elizabeth Brown, age 14.
5. Military Service: None.
6. He attended Clemson University from 1966-70, earning a B.A. degree. He earned a JD degree from USC School of Law in 1973 (1970-73).
8. He has attended the required CLE Seminars, Seminars relative to criminal defense, and more recently attended the Solicitors' Conference (1988,1989).
12. Legal Experience since graduation from law school:
General practice with emphasis on insurance Tort claims, real estate, criminal practice.
1973-1979 Town Recorder
1980-1988 Public Defender
1988-now Assistant Solicitor
14. Frequency of appearances in court:
Federal - infrequent
State - very frequent
Other - Bankruptcy, Industrial Commission -- occasionally
15. Percentage of litigation:
Civil: 60% Criminal: 25% Domestic: 15%
16. Percentage of cases in trial courts:
Jury: 70% Non-Jury: 30%
Tried numerous cases as sole counsel, but has associated or been associated in approximately 40% of cases tried. A number of civil cases were tried with partner. Criminal cases were tried as co-public defender.
17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) State v. Clifton McKnight. 291 SC 110 (1987), 255 SE 2d 471, through appellate process. Significant recent decision regarding search and seizure.
(b) State v. Nathaniel Williams. 90-MO-045 (recent cite), through trial court. Significant death penalty matter. (Associated with other attorneys.)
(c) State v. Eddie Dean Wilson. Death Penalty. (Associated with other attorneys.)
(d) State v. Benadad White. Through trial prosecution of local drug dealer.
(e) State v. Robert Gamble. Through trial prosecution of murderer.
18. Civil appeals:
(a) Travelers Insurance Co., and Aetna Insurance Co. vs. John David Floyd and J. D. Floyd. Defense through trial court and Fourth Circuit Court of Appeals, #86-3859 (1987). Declaratory Judgment Action with Counter claim (Associated with other attorneys.)
(b) Harry J. Norwood, Deceased Employee, Sandra G. Norwood vs. American Tobacco Company, Employer, and Liberty Mutual Insurance Company, Carrier, and Michelle Denise Lowder, G.A.L. for Josephine Marie Lowder, a Minor. S.C. Court of Appeals, Opinion No. 1224, October 24, 1988.
(c) Carl P. Baker vs. Coastal States Life Insurance Company. S.C. Supreme Court Memorandum No. 85-MO-55, filed March 20, 1985.
(d) Orie Grannison vs. Toney Graham, Jr., M.D. S.C. Supreme Court Case No. 88-CP-21-738, in process.
(e) Janie Scott, et al. vs. G. B. Boyle. citation unknown. S.C. Supreme Court -- tax title.
20. Judicial Office: From 1973-79 he was City Recorder of the City of Kingstree, SC.
27. He is unaware of any potential conflict of interest. He owns beach property with law partner, which, if necessary, he would convey interest in to third person.
33. Health is excellent. He has never had a complete physical.
39. Bar and professional organizations: South Carolina Bar Association.
40. Civic, charitable, religious, educational, social, and fraternal organizations: Board of Deacons, Williamsburg Presbyterian Church; Session, Williamsburg Presbyterian Church; Member, State Advisory Board for the SC Aquarium, Marine Science Museum.
42. Five letters of reference:
(a) Robert L. Arnette, President
Exchange Bank of Kingstree
P.O. Box 1087, Kingstree, SC 29556
(b) Leonard B. Burgess, Esquire
201 Short St., Kingstree, SC 29556
(c) Elizabeth D. Cottingham
P.O. Box 254, Kingstree, SC 29556
(d) G. Wells Dickson, Jr., Esquire
P.O. Box 819, Kingstree, SC 29556
(e) David C. Kennedy, Minister
512 Live Oak Avenue, Kingstree, SC 29556
(f) Williamsburg County Bar Association
Q. WE CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE AND FOUND THAT THERE WERE NO COMPLAINTS OR CHARGES FILED AGAINST YOU WHILE PRACTICING LAW. YOUR DRIVING RECORD WAS CHECKED AND WAS FOUND TO BE CLEAR, AS WELL AS THE RECORDS OF THE WILLIAMSBURG COUNTY SHERIFF'S OFFICE AND THE KINGSTREE CITY POLICE DEPARTMENT. THE SLED CRIMINAL RECORDS WERE CHECKED, AS WELL, AND THERE WERE NO RECORDS FOUND IN YOUR NAME. THE FINGERPRINT CARD WAS SENT TO THE F.B.I. AND WE HAVE NO RESPONSE FROM THE F.B.I. YET. WE WILL NOTIFY YOU IF THERE IS ANY PROBLEM WITH THAT, BUT WE DON'T FORESEE THAT. AND IN CHECKING FOR JUDGMENTS AND LAWSUITS IN YOUR NAME, THE RECORDS OF WILLIAMSBURG COUNTY WERE CHECKED, AS WELL AS THE FEDERAL COURTS OF THIS STATE, AND NO ENTRIES WITH YOUR NAME APPEARED. AS FAR AS FINANCIAL INFORMATION, YOU SUBMITTED A STATEMENT OF ECONOMIC INTEREST WHICH SHOWED NO CONFLICTING INTERESTS ON YOUR PART, AND YOUR FINANCIAL NET WORTH STATEMENT WAS ALSO INCLUDED IN THAT. AND YOUR CREDIT REPORT, CREDIT BEING REPORTED AS GOOD. YOU REPORTED YOUR HEALTH AS BEING EXCELLENT, ALTHOUGH YOU HAVE NEVER HAD A PHYSICAL, A COMPLETE PHYSICAL. I NOTED ON THAT THAT YOU WILL BE 42 TOMORROW AND I WISH YOU A HAPPY BIRTHDAY.
A. THANK YOU.
Q. AS FAR AS WORK EXPERIENCE, YOU WERE ADMITTED TO PRACTICE IN 1973; IS THAT CORRECT?
A. THAT'S CORRECT.
Q. AND FROM '73 TO 1979 YOU WERE THE CITY RECORDER FOR KINGSTREE?
A. CORRECT.
Q. FROM '80 TO '88 YOU WORKED AS THE PUBLIC DEFENDER?
A. CO-PUBLIC DEFENDER. THERE WERE TWO OF US.
Q. ALL RIGHT, SIR, AND SINCE 1988 YOU HAVE BEEN AN ASSISTANT SOLICITOR.
A. THAT'S RIGHT.
Q. YOU HAVE APPLIED FOR THE AT-LARGE CIRCUIT COURT SEAT NUMBER 3. YOU HAVE NEVER BEEN THROUGH SCREENING BEFORE FOR ANY OTHER JUDICIAL SEAT, HAVE YOU?
A. NO, SIR.
Q. ALL RIGHT; I BELIEVE YOU NOTED THAT ABOUT 60 PERCENT OF YOUR TRIAL EXPERIENCE HAS BEEN CIVIL, 25 PERCENT CRIMINAL, AND ABOUT 15 PERCENT FAMILY; IS THAT ACCURATE?
A. THAT IS PRETTY ACCURATE.
Q. ALL RIGHT, SIR. THERE HAVE BEEN NO COMPLAINTS SUBMITTED NOR ARE THERE ANY WITNESSES HERE TO TESTIFY TODAY IN REGARD TO YOUR APPLICATION FOR THE SEAT. IS THERE ANY STATEMENT THAT YOU WOULD LIKE TO MAKE TO THE COMMITTEE OR ANYTHING THAT YOU WOULD LIKE TO COVER THAT MIGHT NOT HAVE APPEARED IN YOUR QUESTIONNAIRE?
A. MR. BATES, I DON'T REALLY KNOW OF ANYTHING BUT THE ONE THING AND I SORT OF HESITATE TO BRING IT UP BUT I DO, THE BOARD OF GRIEVANCES AND DISCIPLINE, OF COURSE, SHOWS THAT THERE WERE NO COMPLAINTS AND WHEN I FILLED OUT THE INITIAL FORM, I PUT ON THERE THAT A COMPLAINT HAD BEEN FILED, ALTHOUGH IT WAS PROPERLY NOT A FORMAL COMPLAINT BUT A LETTER HAD BEEN WRITTEN AND I SURE WANT TO CLARIFY THAT FOR YOU EVEN THOUGH THEY SENT A CLEAR BILL AND MAYBE THEIR RECORDS ARE CLEAR BUT THERE WAS A LETTER SENT SOME SEVERAL YEARS AGO ON MY PARTNER AND MYSELF. AND, OF COURSE, WE WROTE A LETTER OF EXPLANATION AND IT WAS SUMMARILY DISMISSED AT THAT TIME BUT THAT IS THE ONLY THING THAT I KNOW OF.
Q. ALL RIGHT, SIR. FOR THE BENEFIT OF THE OTHER MEMBERS OF THE COMMITTEE, ON MR. SHULER'S APPLICATION HE DID POINT OUT THAT THERE HAD BEEN A LETTER WRITTEN AS FAR AS A COMPLAINT SENT BUT THERE WERE NEVER ANY FORMAL CHARGES OR ANYTHING OF THAT MATTER AND THERE APPEARED TO BE NOTHING OF SUBSTANCE TO THE CHARGES. MR. CHAIRMAN, IF ANY MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS.
REPRESENTATIVE ROGERS: MR. GENTRY.
Q. MR. SHULER, I COULDN'T HELP BUT NOTICE IN LOOKING AT YOUR RESUME THAT I THINK YOU HAVE A VERY ACTIVE PRACTICE, OF COURSE, BACK IN KINGSTREE.
A. YES.
Q. I JUST WANT TO KNOW WHY YOU WANT TO BE A JUDGE AS OPPOSED TO PRACTICING LAW.
A. WELL,---
Q. OF COURSE, YOU HAVE A GOOD PRACTICE; I CAN TELL THAT BY LOOKING AT YOUR RESUME.
A. I DON'T KNOW, IN WILLIAMSBURG COUNTY THERE IS NOT TOO MUCH MONEY TO BE MADE IN WILLIAMSBURG COUNTY BUT I HAVE REALLY ENJOYED AND I'VE SORT OF BEEN VERY FORTUNATE TO BE ON BOTH ENDS OF THE SPECTRUM AND THEN THE CRIMINAL SIDE OF IT AND SO FORTH AND I'VE DEFENDED AND FOR THE MOST PART HAVE BEEN A PLAINTIFF'S LAWYER ON THE CIVIL SIDE, BUT I HAVE DEFENDED AS WELL; AND I FEEL LIKE I HAVE JUST HAD THAT OVERALL BACKGROUND AND WHEN I UNDERSTOOD THAT JUDGE MORRIS WAS GOING TO RETIRE, I JUST GOT THINKING ABOUT IT AND HAD PEOPLE ENCOURAGE ME TO DO IT. I GAVE AN AWFUL LOT OF THOUGHT TO IT, TO TELL YOU THE TRUTH. IT'S NOT SOMETHING THAT I HAVE EVER REALLY ASPIRED TO DO UNTIL JUST RECENTLY. I REALLY HAD NEVER CONSIDERED IT AND THEN---
Q. WELL, YOU WILL BE TAKING A CUT, I IMAGINE, IN SALARY?
A. WELL, NO, I WON'T SAY THAT. BUT ONCE IT BECAME
OR LOOKED LIKE IT WAS AVAILABLE, I JUST FELT LIKE, WELL, MAYBE I'M BEING LED IN THIS DIRECTION AND---
Q. SORT OF LIKE A NEW CHALLENGE FOR YOU, I GUESS?
A. I REALLY THINK IT WILL BE A TREMENDOUS CHALLENGE AND I REALLY LOOK FORWARD TO THAT.
REPRESENTATIVE ROGERS: ANY OTHER MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS?
SENATOR MCCONNELL: MR. CHAIRMAN, I HAVE ONE.
Q. MR. SHULER, JUST FOR THE RECORD COULD YOU GIVE ME YOUR IMPRESSION OF WHAT YOU CONSIDER TO BE THE JUDICIAL TEMPERMENT OR GOOD JUDICIAL TEMPERMENT, LET ME PHRASE THE QUESTION.
A. WELL, IT MIGHT BE BETTER TO TELL YOU WHAT ISN'T GOOD JUDICIAL TEMPERMENT.
Q. EITHER WAY.
A. I THINK A JUDGE WITH GOOD JUDICIAL TEMPERMENT IS WILLING TO SIT AND LISTEN, NUMBER ONE, AND LET LAWYERS BE LAWYERS AND TO NOT MAKE QUICK JUDGMENTS; ALTHOUGH, OF COURSE, WHEN YOU MAKE A JUDGMENT, YOU WANT IT TO BE STRONG AND I SUPPOSE UNWAVERING BUT AT THE SAME TIME, I THINK YOU OUGHT TO SIT BACK AND LISTEN AND LET THE LAWYERS BE LAWYERS AND HEAR BOTH SIDES OF IT AND IF YOU HAVE A PROBLEM WITH IT, OF COURSE, TAKE YOUR TIME AND DECIDE IT. THE IDEA OF WHEN I FIRST STARTED, WE SET OUR OWN ROSTER AND, OF COURSE, NOW EVERYTHING HAS CHANGED. IT'S TOTALLY DIFFERENT FROM HOW IT WAS AND I WISH WE COULD GO BACK, BUT I KNOW WE CAN'T; BUT THE IDEA OF CONSTANTLY HAVING LAWYERS COME IN AND MANEUVERING THEM AROUND AND GIVING THEM A HARD TIME, TO ME, DOESN'T SHOW VERY GOOD JUDICIAL TEMPERMENT. AT THE SAME TIME THERE'S GOT TO BE SOME--AND I REALIZE THAT WITH THE CASE LOAD, THERE HAS GOT TO BE SOME HEAVY-HANDEDNESS, I SUPPOSE, OR EVEN-HANDEDNESS MAYBE, IN GETTING THE CASES DISPOSED OF. BUT BY AND LARGE, I THINK JUST A JUDGE WHO IS WILLING TO LISTEN AND UNDERSTAND AND SOMEONE WHO HAS A SENSE OF HUMOR, SOMEONE WHO IS NOT ALWAYS IN THE BOOKS BUT WHO ENJOYS PEOPLE, MEETS PEOPLE, ENJOYS GOOD LAWYERS. AND I CAN HONESTLY SAY, I REALLY ENJOY TRYING CASES AGAINST GOOD LAWYERS. IT'S MORE FUN TO TRY ONE AGAINST A GOOD LAWYER THAN IT IS ONE WHO MAYBE ISN'T QUITE AS, YOU KNOW.
Q. THANK YOU, SIR.
REPRESENTATIVE ROGERS: ANY OTHER MEMBERS OF THE COMMITTEE HAVE ANY QUESTIONS?
REPRESENTATIVE ROGERS: MR. SHULER, THE ONLY COMMENT I WOULD MAKE TO YOU IS THAT COUNSEL SAID WE WOULD PLACE IN THE RECORD THE PERSONAL DATA SUMMARY; WE WILL NOT PUT IN THE RECORD YOUR FINANCIAL STATEMENT. THAT IS CONFIDENTIAL. WE WILL NOT BE ABLE TO CONCLUDE OUR CONSIDERATION OF YOU UNTIL WE GET ONE MORE SENATOR AND AS SOON AS WE CAN DO THAT, WE WILL MEET IN EXECUTIVE SESSION. WE HAVE TO HAVE THREE SENATORS.
MS. KINARD: WOULD YOU LIKE FOR ME TO TRY AND REACH SENATOR LOURIE BY PHONE AND GET A VERBAL PROXY?
REPRESENTATIVE ROGERS: WHY DON'T YOU DO THAT.
MS. KINARD: ALL RIGHT.
REPRESENTATIVE ROGERS: LET ME TELL YOU THAT WE ARE IMPRESSED WITH YOUR BACKGROUND AND WE KNOW THAT BARRING SOMETHING MOST UNUSUAL, YOU WILL RISE TO THE BENCH. I THINK THAT IF YOU WILL TAKE TO THE BENCH THE ATTITUDE THAT YOU HAVE DISPLAYED TO US, YOU WILL BE A CREDIT TO THE JUDICIARY OF OUR STATE.
MR. SHULER: THANK YOU, SIR.
REPRESENTATIVE ROGERS: AS SOON AS WE CAN GATHER OUR NUMBERS, WE WILL TRY TO COMPLETE THIS MATTER. WE WILL STAND AT RECESS.
SENATOR MCCONNELL: I WOULD MOVE BY UNANIMOUS CONSENT THAT YOU BE ALLOWED TO TAKE A VOTE FROM THE REST OF US AND THAT YOU BE ALLOWED TO RECEIVE HIS VOTE VIA TELEPHONIC COMMUNICATION.
REPRESENTATIVE MARTIN: SECONDED.
REPRESENTATIVE ROGERS: IF YOU ALL WOULD EXCUSE US.
FINDINGS OF FACT
The Judicial Screening Committee has investigated the qualifications of the candidate, Malcolm Duane Shuler, and finds him to be qualified to seek election to the unexpired term on the Circuit Court, At Large Seat No. 3.
Respectfully submitted,
John I. Rogers, III, Chairman
/s/ Sen. Thomas H. Pope, III
/s/ Sen. Isadore E. Lourie
/s/ Sen. John A. Martin
/s/ Sen. Glenn F. McConnell
/s/ Rep. Larry E. Gentry
/s/ Rep. Daniel E. Martin, Sr.
/s/ Rep. D. Malloy McEachin, Jr.
(On motion of Senator POPE, with unanimous consent, ordered printed in the Journal)
May 16, 1990
Mr. President and Members of the Senate:
I wish to withdraw my message dated May 10, 1990 in regards to the appointment of Ms. Cathy Blackburn Novinger.
Respectfully,
Carroll A. Campbell, Jr.
Received as information.
The Committee on Medical Affairs was notified accordingly.
May 16, 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 Board of Medical Examiners, At-Large, with term to expire January 1, 1995:
Ms. Betty Christensen, 3 Ivy Circle, Aiken, South Carolina 29801 VICE Ester Teckunburg
Referred to the Committee on Medical Affairs.
May 16, 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, Technical and Comprehensive Education Board, with term to expire July 1, 1991:
2nd Congressional District:
Ms. Cathy Blackburn Novinger, 119 Mill Pond Road, Cayce, South Carolina 29033 VICE Mr. Rodney Hull
Referred to the Committee on Education.
Senator WILSON introduced Dr. James Dickson of Columbia, Doctor of the Day.
Senator SETZLER requested and was granted a leave of absence beginning at 6:00 P.M. today until Monday.
Senator SALEEBY requested and was granted a leave of absence for Friday.
Senator SHEALY requested and was granted a leave of absence beginning at 2:00 P.M. today until Monday.
Senator J. VERNE SMITH requested and was granted a leave of absence beginning at 1:00 P.M. today until Monday.
Senator MARTSCHINK requested and was granted a leave of absence beginning at 12:30 P.M. today until Monday.
Senator MARTSCHINK requested and was granted a leave of absence beginning at 5:00 P.M. today for the remainder of the day.
Senator POPE requested and was granted a leave of absence beginning at 5:00 P.M. today until Monday.
Senator McLEOD requested and was granted a leave of absence beginning at 5:00 P.M. today until 5:00 P.M. Friday.
Senator NELL W. SMITH requested and was granted a leave of absence beginning at 2:00 P.M. today until Monday.
Senator PATTERSON requested and was granted a leave of absence beginning at 6:00 P.M. today until Monday.
Senator MITCHELL requested and was granted a leave of absence beginning at 12:30 P.M. today until Monday.
Senator SHEALY rose to a Point of Personal Privilege.
Senator McCONNELL rose to a Point of Personal Privilege.
Senator MACAULAY rose to a Point of Personal Privilege.
Columbia, S.C., MAY 17, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. McLellan, R. Brown and Mappus of the Committee of Free Conference on the part of the House on:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Very respectfully,
Speaker
Received as information.
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
On motion of Senator SALEEBY, with unanimous consent, Free Conference Powers were granted to the Committee of Conference, whereupon the PRESIDENT appointed Senators SALEEBY, HINDS and LONG of the Committee on Free Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1601 -- Senators Patterson, Fielding, Gilbert, Matthews and Mitchell: A CONCURRENT RESOLUTION TO WELCOME BISHOP ABEL T. MUZOREWA OF THE ZIMBABWE AREA AFRICA CENTRAL CONFERENCE FOR THE UNITED METHODIST CHURCH ON HIS VISIT TO SOUTH CAROLINA AND TO COMMEND HIM IN HIS EFFORTS TO PROMOTE THE AFRICA UNIVERSITY.
Returned with concurrence.
Received as information.
S. 1602 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 30, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JAMES M. MORRIS, AT-LARGE CIRCUIT COURT JUDGE, SEAT NO.3, WHO IS RETIRING EFFECTIVE SEPTEMBER 30, 1990.
Returned with concurrence.
Received as information.
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
On motion of Senator BRYAN, with unanimous consent, the vote whereby the Senate refused to concur in the House amendments was reconsidered.
Senators BRYAN and STILWELL proposed the following amendment (Doc. No. 3721J), which was adopted:
Amend the bill, as and if amended, page 32, beginning on line 2, in Section 62-3-803(a), as contained in SECTION 1, by striking lines 2 through 5 and inserting therein /the earlier of the first publication of notice to creditors if notice is given in compliance with the following dates: (1) one year after the decedent's death or (2) within the time/.
Amend title to conform.
Senator BRYAN explained the amendment.
On motion of Senator BRYAN, the amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
The House returned the Bill with amendments.
Senator SALEEBY proposed the following amendment (Doc. No. 3720J), which was adopted:
Amend the bill, as and if amended, by striking all after the title and inserting therein the following:
/Whereas, the General Assembly finds that the operation of responsible democratic government requires that the fullest opportunity be afforded the people to petition their government for the redress of grievances and to express freely to any state official or employee their opinions on legislation, on pending executive actions, and on current issues; and
Whereas, the General Assembly declares that to preserve and maintain the integrity of the governmental policy-making process in South Carolina it is necessary that the identity, expenditures, and activities of certain persons who engage in efforts to influence the Governor or the members of the General Assembly or their employees on matters within their official jurisdiction, either by direct communication to any official or employee or by the solicitation of others to engage in these efforts, be publicly and regularly disclosed. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 17, Title 2 of the 1976 Code is amended to read:
Section 2-17-10. When used in this chapter, the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
(a) 'Person' means any individual, firm, partnership, committee, association, corporation or any other organization or group of persons.
(b) 'Legislative agent' shall mean any person who is employed, appointed or retained, with or without compensation, by another person as defined in (a) above to influence in any matter the act or vote of any member of the General Assembly of this State during any regular or special session thereof upon or concerning any bill, resolution, amendment, report, claim, act or veto pending or to be introduced.
(c) 'Lobbyist' shall mean the same as 'legislative agent' as defined in (b) above.
(d) 'Lobbying' shall be defined as direct communication with members of the General Assembly or their staff to influence the passage or defeat of legislation. As used in this chapter, unless the context clearly indicates otherwise:
(1) 'Person' means an individual, partnership, committee, association, corporation, labor organization, and any other organization or groups of persons.
(2) 'Public official' means any elected or appointed official of the State, including candidates for such state offices.
(3) 'Public employee' means any person employed by the State.
(4) 'Income' means the receipt or promise of any consideration, whether or not legally enforceable including attorney's fees attributable to lobbying.
(5) 'Expenditure' means the transfer or promise of any consideration, whether or not legally enforceable.
(6) 'Annual filing period' means a period of time beginning thirty days after sine die adjournment and ending thirty days after the next sine die adjournment.
(7) 'Voluntary membership organization' means an organization composed of persons who are members thereof on a voluntary basis and who, as a condition of membership, are required to make regular payments to the organization.
(8) 'Lobbying' means promoting or opposing through direct contact with public officials or public employees: (a) the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly, (b) executive approval of legislation, or (c) consideration of a veto.
(9) 'Lobbyist' means any person who is employed, appointed, or retained, with compensation, by another person to influence by direct communication with public officials or public employees the act or vote of any member of the General Assembly, the Governor, the Lieutenant Governor or other statewide constitutional officers concerning any bill, resolution, amendment, report, act, rule, regulation, or veto, pending or to be introduced. 'Lobbyist' also means any person who is employed, appointed, or retained with compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees the act or vote of any member of the General Assembly, the Governor, the Lieutenant Governor or other statewide constitutional officers resolution, amendment, report, act, rule, regulation, or veto pending or to be introduced. For the purpose of this item, compensation does not include reimbursement of expenses. 'Lobbyist' does not include:
(a) an individual expressing a personal opinion on legislative or administrative matters to any public official or public employee;
(b) a person who limits his lobbying activities to appearances before public sessions of committees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State, provided that the person makes no expenditures for or on behalf of any public official or public employee in connection with lobbying;
(c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or public service district, when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official's or employee's duties;
(d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation;
(e) persons who own, publish, or are employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals, if these persons engaged in no further activities and represent no other person in connection with a legislative matter. This exception also applies to publications by a membership organization which qualifies under Title 26, Section 501(c)(6) of the U.S.C.A. and which publishes and distributes the publications to its members;
(f) persons who represent established churches solely for the purpose of protecting the rights of their own members or for protecting the doctrines of the churches or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;
(g) persons who are running for office elected by the General Assembly or persons soliciting votes on their behalf.
(10) 'Gifts' mean any item, entertainment, food, beverage, travel, and lodging given or paid voluntarily to a public official without the public official providing full and adequate consideration.
(11) 'Travel' means transportation of the Governor, the Lieutenant Governor, other statewide constitutional officers, members of the General Assembly, or their employees for a distance of seventy miles or greater for the benefit of the General Assembly member, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their employees.
(12) 'Legislation' means bills, resolutions, amendments, nominations, regulations, and other matters pending or proposed in either the House or Senate and includes any other matter which may be the subject of action by either house.
Section 2-17-20. Every person who employs any person to act as counsel or agent to promote or oppose in any manner the passage by the General Assembly of any legislation affecting the pecuniary interest of any person as distinct from those of the whole people of the State or to act in any manner as legislative counsel or agent in connection with any such legislation shall, within ten days of such employment and in all cases before appearing before committees of the General Assembly, cause such lobbyist, agent or counsel to register with the Secretary of State as later provided herein. Each person so registering shall pay a fee of ten dollars and present to the Secretary of State a communication reflecting the authority of the registrant to represent the person, firm, corporation or association by whom he is employed. This communication shall also show the nature of the group or association to be represented and the size and composition of its membership. Based on this registration, each lobbyist or legislative agent shall be issued an identification card by the Secretary of State, which card shall be shown to the committee chairman before the person can appear before any legislative committee.
The Secretary of State shall furnish to each chairman of a standing and special committee of the General Assembly, on a monthly basis, and to the members of the General Assembly every three months, a list of all lobbyists registered with his office. (A) Any person who acts as a lobbyist shall, within thirty days of this employment, register with the Secretary of State as provided in this chapter. Each person so registering shall pay a fee of fifty dollars and present to the Secretary of State a communication reflecting the authority of the registrant to represent the person by whom he is employed. Provided if a corporate entity registers, then it shall identify each person who will act as a lobbyist on its behalf during the covered period.
The Secretary of State annually shall furnish to each chairman of standing and special committees of the General Assembly, and to the members of the General Assembly, a list of all lobbyists registered with that office. The Secretary of State shall furnish monthly updates to the same persons. The registration must be in that form as the Secretary of State shall prescribe and shall include the following: the full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist, if any.
(B) Each lobbyist who ceases to engage in activities requiring him to register under this chapter shall file a written statement with the Secretary of State acknowledging the termination of activities. The notice is effective immediately. Each lobbyist who files a notice of termination under this section shall file reports required by this chapter for any reporting period during which he was registered under this chapter.
(C) A lobbyist shall file a supplemental registration indicating any substantial change in the information contained in the prior registration within thirty days after the date of the change.
(D) Each lobbyist shall maintain for not less than three years records which must be available to the Secretary of State for inspection and which contain the following information:
(1) the identification of each person from whom income attributable to lobbying is received and the amount of income attributable to lobbying received, but in the case of a voluntary membership organization a contribution during any annual filing period from a member need be recorded only if the contribution to the organization from the member is more than five hundred dollars and more than twenty percent of the total contributions to the organization during that annual filing period; and
(2) the total expenditures of the lobbyist for lobbying.
Section 2-17-30. No person shall be employed as a legislative counsel or agent for a compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the General Assembly or of either branch or any committee thereof. Each lobbyist, no later than thirty days after the last day of an annual filing period, shall file a report with the Secretary of State covering that lobbyist's activities during that annual filing period. Each report must be in that form as the Secretary of State shall prescribe and shall contain the following information:
(1) the full name, address, and telephone number of the reporting lobbyist;
(2) an identification of each person on whose behalf the reporting lobbyist performed services as a lobbyist during the covered period;
(3) an identification of each person who acted as a lobbyist on behalf of the reporting lobbyist during the covered period;
(4) legislation the reporting lobbyist sought to influence during the covered period;
(5) the identification of each person from whom income attributable to lobbying is received and the amount of income attributable to lobbying received, but in the case of a voluntary membership organization a contribution during any annual filing period from a member need be recorded only if the contribution to the organization from the member is more than five hundred dollars and more than twenty percent of the total contributions to the organization during that annual filing period;
(6) (a) the totals of all expenditures incurred by a lobbyist in the performance of his lobbying activity for the benefit of a public official or public employee in the covered period. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations provided to a public official or public employee, travel, office expenses or that portion of total office expenses attributable to activities covered under the provisions of this chapter, including a list of the names of public officials or public employees on whom more than one hundred dollars in any one-day period or two hundred fifty dollars in any three-consecutive-day period was spent; however, political contributions which are already disclosed on other public statements are excluded from disclosure.
(b) A political contribution by a lobbyist to a candidate for election to a public office may not exceed one thousand dollars in any one election, including the primary and general election for the office.
(7) a statement of money promised or loaned to any member of the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their employees unless promised or loaned by a bank, savings and loan, or other licensed financial institution which loans money in the ordinary course of its business;
(8) a statement detailing any direct business association with any current member of the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their employees. For the purposes of this subsection, direct business association shall not include: (1) ownership interests held by a lobbyist and a member of the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their employees in the same corporation or partnership unless the interest of each exceeds five percent of the total shares outstanding or partnership interests in such entity; (2) an interest held by a member of the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers, or their employees in a partnership or corporation represented by a lobbyist and such interest is less than five percent of the total shares outstanding or partnership interests in such entity; or (3) any commercial transaction between a lobbyist and a member of the General Assembly, the Governor, the Lieutenant Governor, other statewide constitutional officers or their employees in which the fair market value of the goods transferred or services rendered is paid.
When total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date.
Section 2-17-40. It shall be the duty of every legislative agent to file annually, within thirty days after the final adjournment of the General Assembly, a complete and itemized sworn statement of all contributions and expenditures made, paid, incurred or promised in connection with promoting or opposing in any manner any legislation within the terms of this chapter. A legislative agent with other duties is required to report only that income or expense directly related to lobbying. A report shall be filed annually whether or not contributions or expenditures are made. Such reports shall be in such form as shall be prescribed by the Secretary of State and shall be open to public inspection. No legislative agent may be registered or reregistered under the provisions of this chapter until compliance is made with this section. (A) Each state agency or department shall, no later than thirty days after the last day of an annual filing period, file a report with the Secretary of State covering that agency's lobbying activities during that annual filing period. Each report must be in that form as the Secretary of State shall prescribe and shall contain the following information:
(1) an identification of each agency official, employee, or other person who engaged in lobbying during the covered period;
(2) legislation the persons identified in item (1) above sought to influence during the covered period;
(3) the identification of each person from whom income attributable to lobbying is received and the amount of income attributable to lobbying received, but in the case of a voluntary membership organization a contribution during any annual filing period from a member need be recorded only if the contribution to the organization from the member is more than five hundred dollars and more than twenty percent of the total contribution to the organization during that annual filing period;
(4) the totals of all expenditures made or incurred by those persons identified in item (1) above in the performance of his lobbying activity for the benefit of a public official or public employee in the covered period. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations provided to a public official or public employee, travel, office expenses, or that portion of the total office expenses attributable to activities covered under the provisions of this chapter, including a list of the names of public officials or public employees on whom more than one hundred dollars in any one-day period or two hundred fifty dollars in any three-consecutive-day period was spent; however, political contributions which are already disclosed on other public statements are excluded from disclosure.
(B) When total amounts are required to be reported, totals must be reported for the entire year to date. The reports required by this section are not required from any agency whose only activity is appearing before any committee of the General Assembly at the request of that committee or any members of that committee.
Section 2-17-50.The provisions of Section 2-17-20 are not intended and shall not be construed to apply to the following:
(a) An individual expressing a personal opinion on legislative matters to his own legislative delegation or other members of the General Assembly.
(b) A person appearing before a legislative committee at the invitation or request of the committee or a member thereof and who engages in no further activities in connection with that legislative matter.
(c) Any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district or public service district, when appearing only and solely on matters pertaining to his office and public duties.
(d) A person performing professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation where such professional services are not otherwise, directly or indirectly, connected with legislative action.
(e) Persons who own, publish or are employed by a newspaper or other regularly published periodical, or who own or are employed by a radio station, television station, wire service or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns or other comments, if such persons engage in no further activities and represent no other person in connection with a legislative matter.
(f) Persons who represent established churches solely for the purpose of protecting the rights of their own members or to protect the doctrines of such churches or on matters deemed to have an adverse effect upon the moral welfare of the membership thereof. The Secretary of State must:
(1) require a person to submit information pursuant to the requirements of this act;
(2) request the Attorney General to enforce the provisions of this chapter through either civil proceedings for injunctive relief or appear in any civil action in the name of the Secretary of State for the purpose of enforcing the provisions of this chapter;
(3) promulgate regulations to carry out the provisions of this chapter; however, regulations promulgated by the Secretary of State under the provisions of this chapter must be limited to and include only the forms necessary to accomplish the purposes of this chapter;
(4) in addition to any other penalty in this chapter, require any person who files a late statement or fails to file a required statement to be assessed a civil penalty as follows:
(a) a fine of one hundred dollars if not filed within fifteen days after the established deadline provided in this chapter;
(b) after notice has been given by certified or registered mail by the Secretary of State that a required statement has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total fine of five hundred dollars. Filing of the required report and payment of the fine within twenty days of such notice constitutes compliance with this chapter.
Section 2-17-60. Any legislative counsel or agent and any employer of such legislative counsel or agent violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two hundred nor more than five hundred dollars or imprisoned not exceeding sixty days, within the discretion of the court. Provided, that any person convicted of a violation of the provisions of this chapter shall not serve, register or otherwise act in the capacity of a lobbyist in this State for a period of two years following his conviction. The Secretary of State has the following duties:
(1) to develop forms for the filing of notices of registration, representation, complaints, and reports required by this chapter, and to furnish the forms to persons upon request;
(2) to issue identification cards to each lobbyist before the lobbyist can engage in lobbying and prior to January tenth of each succeeding year;
(3) to develop a filing, coding, and cross-indexing system consonant with the purpose of this chapter;
(4) to make the notices of registration and reports filed with it available for public inspection and copying as soon as may be practicable after receipt of them and to permit copying of any report or statement by hand or by duplicating machine, as requested by any person, at the expense of the person;
(5) to preserve the originals or copies of notices and reports for a period of three years from date of receipt;
(6) to ascertain whether any lobbyist has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file notices and reports as are necessary to satisfy the requirements of this chapter or regulations prescribed by the Secretary of State under this chapter;
(7) to have information, so compiled and summarized, made available for public inspection and copying within thirty days after the close of each filing period;
(8) to report apparent violations of this chapter to the Attorney General;
(9) to receive complaints of violations of this chapter from any person.
Section 2-17-70. The Attorney General shall, upon complaint made to him, take appropriate action to enforce the provisions of this chapter. The Attorney General shall make preliminary investigations, with the assistance of the State Law Enforcement Division, of complaints by any person including the Secretary of State of alleged failures to file any statement or reports required by this chapter or other violation of any part of this chapter; provided, however, that upon receipt of a complaint by any person including the Secretary of State, the Attorney General shall promptly transmit to the lobbyist of which a complaint is made a copy of such complaint and such lobbyist shall be given an opportunity to respond prior to any further investigation. If, after preliminary investigation, the Attorney General finds that probable cause exists to support an alleged violation, he shall, as appropriate:
(a) render an advisory opinion to the lobbyist complained of and require his compliance with the opinion in a reasonable time period,
(b) issue subpoenas, upon order of a court of competent jurisdiction, or submit interrogatories to the lobbyist complained of for the purpose of further investigating violations of this chapter,
(c) forward the results of the preliminary investigation to the solicitor of the judicial circuit in which the violation occurred who shall prosecute any person who knowingly or wilfully violates any provision of this chapter.
All Attorney General preliminary investigations and records relating to the preliminary investigations are confidential. The confidentiality of the existence of a complaint may be waived upon written authorization of the lobbyist. If further investigation is conducted by the Attorney General under subsection (b), the lobbyist must be afforded appropriate due process protections, including the right to be represented by counsel. The disposition of all complaints is a matter of public record.
Section 2-17-80. No person may be employed as a lobbyist for compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the Governor, the Lieutenant Governor, other statewide constitutional officers, the General Assembly, or any committee thereof.
Section 2-17-90. Any lobbyist who knowingly or wilfully violates the provisions of this chapter and any person who falsifies all or part of any notice of representation or report which he files with the Secretary of State under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than three years, or both. In addition, any lobbyist convicted of a misdemeanor under the provisions of this section is barred from acting as a lobbyist for a period of three years from the date of the conviction.
Section 2-17-95. The wilful filing of a complaint by a person with the Secretary of State without just cause or with malice is a misdemeanor and such person filing a complaint, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than one year, or both. In lieu of the criminal penalty provided by this section, a civil penalty of no more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of such complaint was wilful and without just cause or with malice."
SECTION 2. This act takes effect January 1, 1992 except for Section 2-17-30(6)(b) which shall take effect upon approval by the Governor; provided, however, the Secretary of State may promulgate regulations to effectuate the purposes of this act upon approval by the Governor./
Amend title to conform.
Senator SALEEBY explained the amendment.
On motion of Senator SALEEBY, the amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
Senator LEVENTIS desires to be recorded as voting "no" on the adoption of the amendment.
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.
Senator HOLLAND asked unanimous consent to make a motion that the Bill be taken up for immediate consideration.
Senator MARTSCHINK objected.
H. 4246 -- Reps. McTeer and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-210 SO AS TO LIMIT THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR.
Senator McLEOD asked unanimous consent to make a motion to make the Bill a Special Order.
Senator THOMAS objected.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator SETZLER asked unanimous consent to make a motion to make the Bill a Special Order.
Senator LEVENTIS objected.
On motion of Senator McLEOD, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following were introduced:
S. 1605 -- Senators Wilson, Pope, Courson, Martschink, Giese, Stilwell, Peeler, Thomas, Rose, Russell, Shealy, Lee and McConnell: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE MINNIE MAUDE CROY OF NEWBERRY IN NEWBERRY COUNTY.
Whereas, the members of the Senate were saddened to learn of the death of Mrs. Minnie Maude Croy of Newberry in Newberry County; and
Whereas, Mrs. Croy, a native of Ohio, who for the last eight years resided in Newberry, in a long life of one hundred six years, had a keen interest in public and political affairs and was one of the original Republican suffragettes who worked actively to obtain the vote for women; and
Whereas, it is appropriate for members of the Senate to pause in their deliberations to note the passing of such a distinguished American and South Carolinian. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate, by this resolution, express sympathy to the family and many friends of the late Minnie Maude Croy of Newberry in Newberry County.
Be it further resolved that a copy of this resolution be forwarded to her daughter, Mrs Barbara Croy Baughman of Newberry.
The Senate Resolution was adopted.
H. 5123 -- Reps. Blanding, Baxley, G. Brown, McElveen and McLeod: A CONCURRENT RESOLUTION COMMENDING LEMIRA ELEMENTARY SCHOOL, SUMTER COUNTY, FOR BEING NAMED A NATIONAL SCHOOL OF EXCELLENCE BY THE UNITED STATES DEPARTMENT OF EDUCATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5124 -- Rep. Farr: A CONCURRENT RESOLUTION COMMENDING E. BRUCE MORGAN FOR HIS OUTSTANDING SERVICE AS UNION COUNTY SUPERVISOR AND THANKING HIM FOR HIS MANY CONTRIBUTIONS TO GOOD GOVERNMENT AND EXCELLENCE IN PUBLIC SERVICE IN UNION COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5125 -- Reps. Felder and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF O. ALEX HICKLIN, JR., OF CALHOUN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4677 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, McLellan, Wilkins and Klapman: 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.
H. 5073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee and Banking and Insurance.
H. 5099 -- Rep. Baker: A BILL TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator BRYAN, H. 5099 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 3789 -- Reps. J. Bailey, Rama and M.D. Burriss: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 99 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRAIN AND CERTIFY INDIVIDUALS TO ADMINISTER EPINEPHRINE IN TREATING PERSONS IN EMERGENCY SITUATIONS FOR INSECT STINGS AND TO ESTABLISH PROGRAMS AND PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS CHAPTER.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4862 -- Rep. Rama: A BILL TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, AND PROVIDE FOR DEPARTMENT REGULATIONS ON NONIONIZING AS WELL AS IONIZING RADIATION; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.
Ordered for consideration tomorrow.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
H. 4924 -- Rep. Blackwell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 36 SO AS TO ESTABLISH A STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY.
Ordered for consideration tomorrow.
The following Bill having been read the second time was passed and ordered to a third reading:
S. 1603 -- Senator Bryan: A BILL TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.
(By prior motion of Senator BRYAN)
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.
The House returned the Bill with amendments.
The question being the adoption of the amendment (Doc. No. 5199P) proposed by Senators McCONNELL and WILLIAMS and printed in the Journal of Wednesday, May 16, 1990.
Senator DRUMMOND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators SHEALY, WILSON, LEATHERMAN and McCONNELL spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that the Point of Order raised by Senator DRUMMOND came too late.
Senators LEATHERMAN and WILSON spoke on the Point of Order.
The PRESIDENT overruled the Point of Order raised by Senator McCONNELL.
The PRESIDENT took the Point of Order raised by Senator DRUMMOND under advisement.
Senator SHEALY moved that the Senate stand adjourned.
Senator McCONNELL raised a Point of Order that the motion that the Senate stand adjourned would require unanimous consent inasmuch as Senator McCONNELL retained the floor.
The PRESIDENT sustained the Point of Order.
Senator WILLIAMS objected to the motion to stand adjourned.
At 12:00 Noon, on motion of Senator WILLIAMS, the Senate receded from business subject to the Call of the Chair.
At 12:05 P.M., the Senate resumed.
The PRESIDENT took up the Point of Order raised by Senator DRUMMOND that the amendment was out of order inasmuch as it was not germane to the Bill.
On motion of Senator McCONNELL, with unanimous consent, the amendment was withdrawn.
The Point of Order was moot.
Senator PASSAILAIGUE requested and was granted a leave of absence beginning at 1:15 P.M. today until Monday.
Senators McCONNELL and WILLIAMS proposed the following amendment (Doc. No. 5239P):
Amend the bill, as and if amended, by striking all after the title and inserting therein:
/Whereas, the General Assembly is charged by Title 1, Chapter 20, of the 1976 Code with reviewing the functions, jurisdiction, and missions of the various state agencies; and
Whereas, the General Assembly wishes to approach such review in an orderly and efficient manner; and
Whereas, such review as scheduled by Section 1-20-50 of the 1976 Code provides for such an orderly and efficient review process and should be extended so as to provide for a new cycle of agency review; and
Whereas, such a methodical review is not the exclusive method envisioned by Title 1, Chapter 20, as Section 1-20-70 allows for the General Assembly to terminate, consolidate, merge, or otherwise alter agency functions or structure outside the schedule encompassed in Section 1-20-50; and
Whereas, the General Assembly recognizes the scarcity of revenues available for the funding of the various state agencies; and
Whereas, the General Assembly wishes to consolidate certain computer functions of state agencies as these functions relate to the 1990 Decennial Census; and
Whereas, the General Assembly has historically relied on the Division of Research and Statistics of the Budget and Control Board as the state agency to receive Decennial Census information and material; and
Whereas, the Division of Research and Statistical Services of the Budget and Control Board is the single agency with the background and experience to provide assistance in managing, analyzing, and disseminating census information necessary to perform the apportionment function; and
Whereas, the General Assembly, by its statutory designation of the Division, intends to ensure that the public has open and equal access and availability to this information; and
Whereas, the General Assembly will further designate, ensure, and provide other methods of open and equal access to the reapportionment process; and
Whereas the General Assembly seeks to ensure the unfettered first amendment rights of the press and the academic freedom of the state's institutions of higher education. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The Code of Laws, 1976, is amended by adding an appropriately numbered Section to read:
"Section _______. (A) The Research and Statistics Division of the Budget and Control Board is hereby designated to provide public information, data, or analysis derived from the 1990 Decennial Census or collation of the results of such census to members of the General Assembly and the general public and to perform such other duties related thereto as may be designated by the Speaker of the House of Representatives or President Pro Tempore of the Senate. The provisions of subsection (B) relating to limitation on the redistricting plans for political subdivisions shall not apply to the Research and Statistics Division of the Budget and Control Board.
(B) Pursuant to Section 1-20-70, the General Assembly consolidates the computer capabilities of all state agencies, boards, commissions, departments, institutions, or entities, by whatever name known, so as to provide that no state agency, board, commission, department, institution, or entity may:
(1) expend any funds from any source;
(2) provide, directly or indirectly, any technical, personnel, or other support to any person or entity;
(3) utilize any information, data, program, or process developed or obtained in whole or part through state funding; or
(4) utilize any equipment or other property
to prepare, assist in the preparation, analyze, or assist in the analysis of any legislative, congressional, or other political subdivision's redistricting plan unless such state agency, board, commission, department, institution, or entity is granted authority to perform such activities by the General Assembly in the form of a joint resolution. Any person violating the provisions of this section shall be deemed to have violated the provisions of Article 7 of Chapter 13 of Title 8 of the 1976 Code and must be subject to the penalties provided within that chapter.
Any public record, as defined in Chapter 4 of Title 30, produced or maintained by a state agency, board, commission, department, institution, or entity shall be available for inspection and copying as provided in Section 30-4-30 of the 1976 Code. This restriction shall not prohibit the Legislative Council or any personnel, members, or officers of the Senate or House from providing assistance or analysis as to any amendments to or the text of any reapportionment matter. The prohibition contained in item (3) above shall not apply to any faculty member of any state institution of higher education from doing bona fide academic research.
(C) Notwithstanding the provisions of subsections (A) and (B), the Governor and his executive staff may: (1) consider the approval or veto of any reapportionment legislation enrolled for ratification, (2) analyze and seek the assistance of any state agency, board, commission, department, institution, or entity, by whatever name known, in analyzing any reapportionment legislation enrolled for ratification, and (3) provide assistance to any member of the General Assembly in analyzing any reapportionment legislation enrolled for ratification."
SECTION 2. Section 1-20-50 of the 1976 Code, as last amended by Act 35 of 1989, is further amended to read:
"Section 1-20-50. The programs, functions, and regulations promulgated by the following state agencies must be terminated as provided in this chapter pursuant to the following schedule.
(A) JUNE 30, 1986, is the termination date for:
(1) Insurance Commission
(2) Board of Barber Examiners
(3) Board of Cosmetic Art Examiners
(4) Board of Accountancy
(5) Board of Examiners for Nursing Home Administrators
(B) JUNE 30, 1987, is the termination date for:
(1) Board of Pharmacy
(2) Board of Medical Examiners
(3) Board of Dentistry
(4) Board of Veterinary Medical Examiners
(5) Board of Nursing
(6) Board of Chiropractic Examiners
(C) JUNE 30, 1988, is the termination date for:
(1) Board of Podiatry Examiners
(2) Board of Examiners in Optometry
(3) Board of Examiners in Opticanry
(4) Board of Physical Therapy Examiners
(5) Board of Examiners in Psychology
(6) Board of Examiners in Speech Pathology and Audiology
(7) Board of Occupational Therapy
(D) JUNE 30, 1989, is the termination date for:
(1) Manufactured Housing Board
(2) Real Estate Commission
(3) Residential Home Builders Commission
(4) Licensing Board for Contractors
(5) Board of Registration for Professional Engineers and Land Surveyors
(6) Board of Certification of Environmental Systems Operators
(7) Public Service Commission
(E)JUNE 30, 1990, is the termination date for:
(1) Board of Funeral Services
(2) State Board of Examiners for Registered Environmental Sanitarians
(3) State Board of Social Work Examiners
(4) Dairy Board
(5) State Cemetery Board
(6)(5) Board for Barrier-Free Design
(7)(6) Board of Landscape Architectural Examiners
(8)(7) Board of Architectural Examiners
(9)(8) Athletic Trainers' Advisory Committee
(F)(B) JUNE 30, 1991, is the termination date for:
(1) Commissioners of Pilotage for the Port of Charleston
(2) Polygraph Examiners
(3) Private Detective and Private Security Agencies
(4) Board of Registration for Foresters
(5) South Carolina Coordinating Council for Economic Development.
(6) State Board of Examiners for Professional Counselors, Associate Counselors, and Marital and Family Therapists
(7)(6) The South Carolina Auctioneers' Commission
(8)(7) The Commission of Hearing Aid Dealers and Fitters.
(C) JUNE 30, 1992, is the termination date for:
(1) Insurance Commission
(2) Board of Barber Examiners
(3) Board of Cosmetology
(4) Board of Accountancy
(5) Board of Examiners for Nursing Home Administrators
(6) Respiratory Care Committee
(7) Certification of Operators of Sources of Ionizing Radiation (Radiological Technicians)
(8) Board of Registration for Geologists
(D) JUNE 30, 1993, is the termination date for:
(1) Board of Pharmacy
(2) Board of Medical Examiners
(3) Board of Veterinary Medical Examiners
(4) Board of Nursing
(5) Board of Chiropractic Examiners
(E) JUNE 30, 1994, is the termination date for:
(1) Board of Podiatry Examiners
(2) Board of Examiners in Optometry
(3) Board of Examiners in Opticianry
(4) Board of Physical Therapy Examiners
(5) Board of Examiners in Psychology
(6) Board of Examiners in Speech Pathology and Audiology
(7) Board of Occupational Therapy
(8) Board of Dentistry
(F) JUNE 30, 1995, is the termination date for:
(1) Manufactured Housing Board
(2) Real Estate Commission
(3) Residential Home Builders Commission
(4) Licensing Board for Contractors
(5) Board of Registration for Professional Engineers and Land Surveyors
(6) Board of Certification of Environmental Systems Operators
(7) Public Service Commission."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator WILSON raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL spoke on the Point of Order.
Senator WILSON spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator McCONNELL argued in favor of the adoption of the amendment.
Senator WILLIAMS argued in favor of the adoption of the amendment and Senator WILSON argued contra.
Senator WILLIAMS moved under Rule 15A to set a time certain for 4:00 P.M. today to vote on the entire matter of S. 1240.
A roll call vote was ordered.
Senator THOMAS raised a Point of Order that the motion to set a time certain under Rule 15A was out of order inasmuch as the Bill before the body was a reapportionment Bill and, therefore, the motion should have been made under Rule 15B.
Senator GILBERT spoke on the Point of Order.
Senator LEATHERMAN raised a Point of Order that the Point of Order raised by Senator THOMAS came too late inasmuch as a roll call vote had been ordered.
The PRESIDENT sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Giese Gilbert Hayes Helmly Hinson Holland Land Leatherman Leventis Long Lourie Matthews McConnell McGill McLeod Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Saleeby Setzler Smith, H.C. Smith, N.W. Stilwell Waddell Williams
NAYS
Courson Lee Macaulay Martschink Rose Russell Shealy Thomas Wilson
The Senate set 4:00 P.M. today, to vote on the entire matter of S. 1240.
Senator WILSON continued arguing contra to the adoption of the amendment.
Senator FIELDING asked unanimous consent to make a motion that the Senate recede from business until 3:00 P.M.
Senator SHEALY objected.
Senator WILSON argued contra to the adoption of the amendment.
Debate was interrupted by recess, Senator WILSON retaining the floor.
At 1:19 P.M., on motion of Senator MOORE, with unanimous consent, Senator WILSON retaining the floor, the Senate receded from business until 3:00 P.M.
At 3:10 P.M., the Senate resumed.
Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Matthews McConnell McGill McLeod Moore Mullinax O'Dell Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
On motion of Senator LONG, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Mr. William Alford, Highway Commissioner from the 15th Judicial Circuit.
S. 592 -- Senators Pope, Williams, Waddell, Saleeby, Wilson, Russell and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator POPE asked unanimous consent to make a motion to set the Bill as a Special Order.
Senator LEE objected.
H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.
On motion of Senator SALEEBY, with unanimous consent, the Bill was taken up for immediate consideration. The question being the second reading of the Bill.
On motion of Senator SALEEBY, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
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.
On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Transportation.
On motion of Senator HOLLAND, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over the committee amendment and all other amendments to third reading.
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.
The Senate resumed consideration of the Bill. The question being the adoption of the amendment (Doc. No. 5239P) proposed by Senators McCONNELL and WILLIAMS.
Senator WILSON argued contra to the adoption of the amendment.
On motion of Senator GIESE, with unanimous consent, the members of the Senate Finance Committee were granted leave to meet while the Senate was in session and that those members were permitted to be counted in any quorum call.
Senator WILSON continued arguing contra to the adoption of the amendment.
Senator SHEALY spoke on the amendment.
By prior vote, the time certain had arrived to vote on the entire matter of S. 1240.
The question was the adoption of the amendment (Doc. No. 5239P) proposed by Senators McCONNELL and WILLIAMS.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Fielding Gilbert Hayes Helmly Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Saleeby Setzler Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Waddell Williams
NAYS
Giese Martschink Rose Russell Shealy Thomas Wilson
The amendment was adopted.
Senator MARTSCHINK proposed the following amendment (Doc. No. 3873R), which was tabled:
Amend the Bill, as and if amended, page 3, after line 40, by inserting an appropriately numbered new section to read as follows:
/SECTION___. The 1976 Code is amended by adding:
"Section 2-1-175. A computer must be used for reapportionment in determining the composition of election districts in this State."/
Amend title and renumber sections to conform.
Senator STILWELL moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator WILLIAMS, with unanimous consent, the following statement was ordered to be recorded in the Journal:
The amendment was tabled because the amendment was ambiguous and the author was not present in the Chamber to explain the amendment.
Senator ROSE proposed the following amendment (Doc. No. 3975R), which was tabled:
Amend the amendment, as and if amended, bearing Document Number 5239P, page 4, SECTION 1, Subitem C of the unnumbered code section by striking on lines 12, 15 and 16 the following:
/enrolled for ratification/
Amend title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Lindsay Lourie Macaulay Martin Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Saleeby Setzler Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Waddell Williams
NAYS
Courson Giese Long Martschink Rose Russell Shealy Thomas Wilson
The amendment was laid on the table.
Senator SHEALY proposed the following amendment (Doc. No. 1948X), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 2-1-175. Reapportionment of the State Senate, House of Representatives, and Congressional Districts must be determined by the use of all pertinent information, respecting federal and state laws and court decisions, so as not to decrease the ability of minorities to be elected. From the information, the districts of the respective bodies must be determined by the use of a computer."/
Renumber sections to conform.
Amend title to conform.
Senator STILWELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator WILSON desired to be recorded as voting against the motion to lay the amendment on the table.
I voted to table the Shealy amendment because of the uncertainty of the intent of the amendment. The time for debate being limited, the discussion was inadequate for me to determine its total ramifications. It is certain that the legislature will consider all factors mentioned in the amendment and most certainly will utilize a computer in arriving at its ultimate plans and I, therefore, feel that the language contained in the amendment is mere surplusage.
I voted against the preceding amendment as I was unable to determine the intent and ramifications of its language. I am also confident that existing procedures should ensure that reapportionment will respect pertinent federal and state laws and court decisions.
Senator MARTSCHINK proposed the following amendment (Doc. No. 3971R, G2), which was tabled:
Amend the amendment, as and if amended, bearing Document Number 5239P, page 4, SECTION 1, by adding a new subitem to the unnumbered code section to read as follows:
/(D) A computer must be used for reapportionment in determining the composition of election districts in this State./
Amend title and renumber sections to conform.
Senator LOURIE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator WILSON desired to be recorded as voting against the motion to lay the amendment on the table.
I moved to table the preceding amendment as it was ambiguous, the author was not present, and the short amount of time allowed for debate would not allow for a thorough discussion of its implication. Furthermore, I am certain that a computer will be used in an appropriate manner.
I voted against the preceding amendment as the author was not present to explain it and the amendment was ambiguous.
Senator ROSE proposed the following amendment (Doc. No. 3979R, G2), which was tabled:
Amend the amendment, as and if amended, bearing Document Number 5239P, page 3, SECTION 1, Subitem A of the unnumbered code section by inserting on line 18 after the word /support/ the following:
/, other than factual information,/
Amend title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE proposed the following amendment (Doc. No. 3978R, G2), which was tabled:
Amend the amendment, as and if amended, bearing Document Number 5239P, page 4, SECTION 1, Subitem C of the unnumbered code section by inserting on line 16 after the word /any/ the following:
/proposed/
Amend the amendment further, page 4, line 16 by striking after the word /legislation/ the following:
/enrolled for ratification/
Amend title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator WILLIAMS moved to lay the amendment on the table.
The amendment was laid on the table.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
The House returned the Bill with amendments.
On motion of Senator POPE, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
On motion of Senator SALEEBY, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.
Senator SALEEBY explained the Report.
On motion of Senator SALEEBY, with unanimous consent, the Report (Doc. No. 1608o) was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-1-20(21) of the 1976 Code is amended to read:
"(21) 'Insurance broker' means an individual licensed by the Commissioner to represent citizens of this State for the in placing of their insurance in insurers licensed in this State or in any other state or country. An insurance broker may place that insurance either with an eligible surplus lines insurer or with a licensed insurance agent in an insurance carrier licensed in this State."
SECTION 2. Section 38-1-20(37.5) of the 1976 Code is amended to read:
"(37.5) 'Surplus lines insurance' means any insurance in this State of risks located or to be performed in this State, permitted to be placed through a resident broker with a nonadmitted insurer eligible to accept such the insurance, other than reinsurance, wet marine and transportation insurance, insurance independently procured, and life and health insurance and annuities. Excess and stop-loss insurance coverage upon group life, accident, and health insurance or upon a self-insured's life, accident, and health benefits program may be approved as surplus lines insurance."
SECTION 3. Section 38-45-10 of the 1976 Code is amended to read:
"Section 38-45-10. The term 'insurance 'Insurance broker' as used in this chapter means an individual licensed by the Commissioner to represent citizens of this State for the in placing of their insurance in insurers licensed in this State or in any other state or country. An insurance broker may place that insurance either with an eligible surplus lines insurer or with a licensed insurance agent in an insurance carrier licensed in this State."
SECTION 4. Chapter 77 of Title 38 of the 1976 Code is amended by adding:
"Section 38-77-595. The Governing Board may designate an applicant who otherwise would be ineligible for designation because of a direct or indirect connection with a voluntary market outlet for automobile insurance, if that connection is due to the ability to write 'small commercial risks', as defined in Section 38-77-30(11). The Governing Board may designate the applicant for the limited purpose of servicing risks of 'individual private passenger automobile' insurance, as defined in Section 38-77-30(5.5), when it determines that insufficient market outlets exist in a particular area previously served by the applicant for 'individual private passenger automobile' insurance."
SECTION 5. Section 38-77-590(c)(1) of the 1976 Code is amended to read:
"(1) The applicant has been, for five ten continuous years, a licensed, resident property and casualty insurance agent and agency owner or principal with authority from one or more licensed insurers to write liability and physical damage insurance on private passenger automobiles;"
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Edward E. Saleeby Robert N. McLellan Douglas L. Hinds Robert B. Brown J.M. Long, Jr. Theodore T. Mappus, Jr. On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
H. 5073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator SALEEBY, with unanimous consent, the Joint Resolution was recalled from the Committee on Banking and Insurance.
On motion of Senator SALEEBY, the Joint Resolution was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1606 -- Senators Lourie, Courson, Patterson and Giese: A SENATE RESOLUTION TO WELCOME MEMBERS OF PARLIAMENT OF THE REPUBLIC OF BOTSWANA TO SOUTH CAROLINA AND TO INVITE THEM TO VISIT THE SENATE CHAMBER AT 11:15 A.M. ON WEDNESDAY, MAY 23, 1990.
Referred to the Committee on Invitations.
S. 1607 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1254, 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.
On motion of Senator WILLIAMS, with unanimous consent, S. 1607 was ordered to receive a second reading with notice of general amendments on Friday, May 18, 1990.
H. 4401 -- Rep. Washington: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SEVERAL SCHOOL DISTRICTS OF THIS STATE, WHO ARE NOT POPULARLY ELECTED, MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD IN THE MANNER STIPULATED BY THE PROVISIONS OF THIS ACT.
Read the first time and referred to the Committee on Education.
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1992:
Jacquelyn Niedringhaus, 4568 Deer Run, Rock Hill, S.C. 29732 VICE Suzanne Watt
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire November 1, 1993:
Dealer--#4:
Mr. Benjamin Wofford Dawsey, Jr., 4460 Grissom Road, Spartanburg, S.C. 29301 VICE Mr. Herbert Lenoy Kyzer
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Rural Water and Sewer Grants Advisory Committee, with term to expire on June 19, 1991:
4th Congressional District:
Mrs. Donna Turner Williams, 125 Chestnut Lake Drive, Spartanburg, S.C. 29303 VICE Sue S. Carpenter
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Reappointment, Member, Rural Water and Sewer Grants Advisory Committee, with term to expire on June 30, 1993:
2nd Congressional District:
Mr. Leon C. Campbell, P.O. Box 1867, Columbia, S.C. 29202
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Reappointment, Member, South Carolina Commission on Alcohol and Drug Abuse Commission, At-Large, with term to expire June 30, 1994:
Ms. Aileen A. Weiss, 4431 Ivy Hall Drive, Columbia, S.C. 29206
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
1st Congressional District:
Mr. Michael Calder Bolchoz, 218 Live Oak Avenue, Charleston, South Carolina 29407 VICE Mr. Danny Berlinsky
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Appointment, Member, South Carolina State Fire Commission, Fire Protection Engineer, with term to expire January 15, 1994:
Mr. Joe Arthur Black, III, Post Office Box 98, Simpsonville, South Carolina 29681 VICE Mr. Carl R. Dickert
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Appointment, Member, Commission on Women, At-Large, with term to expire October 18, 1993:
Mrs. Susan B. Hoag, 115 Green Valley Drive, Greenvile, South Carolina 29609 VICE Ms. Clelia D. Hendrix
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
3rd Congressional District:
Mr. Kenneth Russell Witt, Karen Apartments #10, 706 Stanley Avenue, Greenwood, South Carolina 29648 VICE Mr. Frank Whitecotton
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Commission on Mental Retardation, with term to expire June 30, 1993:
4th Congressional District:
Mr. John S. Poole, 220 Bruton Place, Spartanburg, S.C. 29302 VICE Mr. Bern Mebane
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire July 1, 1994:
4th Congressional District:
Ms. Francis DeLoache Ellison, 70 Round Pond Road, Greenville, S.C. 29607 VICE Ms. Jane Earle Pressly
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1992:
3rd Congressional District:
Mr. John Mattison Geer, Jr., 208 Payne Lane, Clemson, S.C. 29631 VICE Mr. Bill Foust (resigned)
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, Commission on Mental Retardation, with term to expire July 1, 1994:
5th Congressional District:
Annabelle Span Boykin, Ph.D., 704 Gillsbrook Road, Lancaster, S.C. 29720 VICE Ava Mason Hope
Senator McLEOD, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1992:
1st Congressional District:
Mrs. Evelina Dayson, 2678 Meeting Street, Charleston Heights, S.C. 29405 VICE Fran Hawk
On motion of Senator McLEOD, 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, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1992:
Jacquelyn Niedringhaus, 4568 Deer Run, Rock Hill, S.C. 29730 VICE Suzanne Watt
Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire November 1, 1993:
Dealer--#4:
Mr. Benjamin Wofford Dawsey, Jr., 4460 Grissom Road, Spartanburg, S.C. 29301 VICE Mr. Herbert Lenoy Kyzer
Appointment, Member, Rural Water and Sewer Grants Advisory Committee, with term to expire on June 19, 1991:
4th Congressional District:
Mrs. Donna Turner Williams, 125 Chestnut Lake Drive, Spartanburg, S.C. 29303 VICE Sue S. Carpenter
Reappointment, Member, Rural Water and Sewer Grants Advisory Committee, with term to expire on June 30, 1993:
2nd Congressional District:
Mr. Leon C. Campbell, P.O. Box 1867, Columbia, S.C. 29202
Reappointment, Member, South Carolina Commission on Alcohol and Drug Abuse Commission, At-Large, with term to expire June 30, 1994:
Ms. Aileen A. Weiss, 4431 Ivy Hall Drive, Columbia, S.C. 29206
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
1st Congressional District:
Mr. Michael Calder Bolchoz, 218 Live Oak Avenue, Charleston, South Carolina 29407 VICE Mr. Danny Berlinsky
Appointment, Member, South Carolina State Fire Commission, Fire Protection Engineer, with term to expire January 15, 1994:
Mr. Joe Arthur Black, III, Post Office Box 98, Simpsonville, South Carolina 29681 VICE Mr. Carl R. Dickert
Appointment, Member, Commission on Women, At-Large, with term to expire October 18, 1993:
Mrs. Susan B. Hoag, 115 Green Valley Drive, Greenville, South Carolina 29609 VICE Ms. Clelia D. Hendrix
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
3rd Congressional District:
Mr. Kenneth Russell Witt, Karen Apartments #10, 706 Stanley Avenue, Greenwood, South Carolina 29648 VICE Mr. Frank Whitecotton
Appointment, Member, Commission on Mental Retardation, with term to expire June 30, 1993:
4th Congressional District:
Mr. John S. Poole, 220 Bruton Place, Spartanburg, S.C. 29302 VICE Mr. Bern Mebane
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire July 1, 1994:
4th Congressional District:
Ms. Francis DeLoache Ellison, 70 Round Pond Road, Greenville, S.C. 29607 VICE Ms. Jane Earle Pressly
Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1992:
3rd Congressional District:
Mr. John Mattison Geer, Jr., 208 Payne Lane, Clemson, S.C. 29631 VICE Mr. Bill Foust (resigned)
Appointment, Member, Commission on Mental Retardation, with term to expire July 1, 1994:
5th Congressional District:
Annabelle Span Boykin, Ph.D., 704 Gillsbrook Road, Lancaster, S.C. 29720 VICE Ava Mason Hope
Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1992:
1st Congressional District:
Mrs. Evelina Dayson, 2678 Meeting Street, Charleston Heights, S.C. 29405 VICE Fran Hawk
On motion of Senator WADDELL, with unanimous consent, the Senate agreed that when the Senate adjourns on Thursday, that it meet for local and uncontested matters on Friday at 11:00 A.M., and that when the Senate adjourns on Friday, that it stand adjourned to meet next Monday, May 21, 1990, at 1:00 P.M.
On motion of Senator MARTSCHINK, with unanimous consent, the Senate adjourned out of respect to the memory of Dr. Gavin Appleby, Medical Director, Health and Human Services Finance Commission.
At 5:24 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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