Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Hear the words of Isaiah, Chapter 6:
"In the year that King Uzziah died I saw
the Lord sitting upon a throne, high and
lifted up; and His train filled the temple.
And one of the seraphim called to another
and said: `holy, holy, holy is the Lord of
hosts; the whole earth is full of His glory'."
Let us pray.
Our Father-God, we remember that King Uzziah was for Isaiah the epitomy of earthly power, and that God's glory comes when man realizes human limitations.
We marvel at your Providence, O Lord, that you can use even a war to make a path for peace.
We pray this morning for the servicemen of our country... especially those who may die. For our President and the families who wait anxiously for some good news.
We pray for the people of Iraq... misinformed, lied to, beguiled and sent to slaughter to fulfill the ambitions of a deranged leader.
Hasten the day when we can put out our hands to each other... in brotherhood and love... all as children of God.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 17, 1991
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, South Carolina Tax Commission, At-Large, with term to expire June 20, 1997:
Mr. S. Hunter Howard, Jr., 301 Southlake Road, Columbia, South Carolina, 29223
Referred to the Committee on Finance.
On motion of Senator WILLIAMS, Senator SALEEBY was granted a leave of absence for today.
On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
S. 482 -- Senator Macaulay: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF COLONEL JULIAN WALTER DAVIS, SR., OF OCONEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
Returned with concurrence.
Received as information.
S. 483 -- Senators Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON COMPOSITE SQUADRON OF THE CIVIL AIR PATROL UPON BEING SELECTED AS THE TOP SQUADRON IN THE NATION FOR 1989.
Returned with concurrence.
Received as information.
S. 484 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON HIGH SCHOOL BAND FOR WINNING THE STATE MARCHING BANDS COMPETITION FOR THE SECOND YEAR IN A ROW.
Returned with concurrence.
Received as information.
On motion of Senator LAND, with unanimous consent, the regulation was recalled from the Committee on Medical Affairs.
On motion of Senate LAND, the regulation was referred to the Committee on Agriculture and Natural Resources.
S. 149 -- Senators Giese, Martschink and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-75 SO AS TO REQUIRE THE LICENSING AND CERTIFICATION OF A HOSPITAL AND CLINIC PERFORMING ABORTIONS IN THIS STATE, PROVIDE FOR REGULATIONS TO FIX A SCHEDULE OF FINES AND PENALTIES, AND PROVIDE FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MAINTAIN AN ACTION IN THE NAME OF THE STATE FOR A VIOLATION OF THE LAWS RELATING TO ABORTION; AND TO AMEND SECTION 44-41-70, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT PERTAINING TO LICENSING AND CERTIFICATION TO PERFORM ABORTIONS, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED AND PROVIDE FOR THE PROMULGATION OF REGULATIONS FOR THE DISPOSAL OF FETAL TISSUE AND REMAINS.
With unanimous consent, Senator MARTSCHINK's name was withdrawn as a co-sponsor of the Bill.
The following were introduced:
S. 497 -- Senator Peeler: A SENATE RESOLUTION TO CONGRATULATE MR. AND MRS. R. C. BRATTON OF YORK COUNTY ON THE UPCOMING CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
On immediate consideration, the Senate Resolution was adopted.
S. 498 -- Senator Peeler: A SENATE RESOLUTION TO CONGRATULATE MR. AND MRS. W. H. HOLLOMAN OF CHEROKEE COUNTY ON THE UPCOMING CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
On immediate consideration, the Senate Resolution was adopted.
S. 499 -- Senator Peeler: A SENATE RESOLUTION TO CONGRATULATE GAYLORD PERRY, THE CURRENT BASEBALL COACH AT LIMESTONE COLLEGE, ON BEING ELECTED TO THE BASEBALL HALL OF FAME IN COOPERSTOWN, NEW YORK, ON JANUARY 8, 1991, AND TO PROCLAIM THURSDAY, JANUARY 17, 1991, AS "GAYLORD PERRY DAY" IN SOUTH CAROLINA.
Senator PEELER spoke on the Resolution.
On immediate consideration, the Senate Resolution was adopted.
S. 500 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 6, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1991, AND TO ELECT JUDGES FOR THE NINE NEW CIRCUIT COURT JUDGESHIPS CREATED BY ACT 610 OF 1990, WHOSE TERMS SHALL BEGIN JULY 1, 1991.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 6, 1991, at 12:00 noon to elect successors for the Chief Judge, Seat 5 of the Court of Appeals and the Associate Judge, Seat 6 of the Court of Appeals whose terms expire June 30, 1991; to elect successors for judges of the Circuit Court, at-large Seats 1,2,3,4,5, and 6, whose terms expire June 30, 1991; and to elect judges for the nine Circuit Court judgeships created by Act 610 of 1990, those judgeships being Circuit Court at-large Seats 7,8,9, and 10, and resident circuit court resident judges of the Fifth Judicial Circuit, Seat 3, Ninth Judicial Circuit, Seat 3, Thirteenth Judicial Circuit, Seat 3, Fourteenth Judicial Circuit, Seat 2, and Fifteenth Judicial Circuit, Seat 2, whose terms shall begin July 1, 1991.
Senators LEATHERMAN and WILLIAMS spoke on the Resolution.
Referred to the Committee on Invitations.
S. 501 -- Senators Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.
Whereas, although the right of free expression is part of the foundation of the United States Constitution, very carefully drawn limits on expression in specific instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and productive value of public debate; and
Whereas, certain actions, although arguably related to one person's free expression, nevertheless raise issues concerning public decency, public peace, and the rights of expression and sacred values of others; and
Whereas, there are symbols of our national soul such as the Washington Monument, the United States Capitol Building, and memorials to our greatest leaders, which are the property of every American and, therefore, are worthy of protection from desecration and dishonor; and
Whereas, the American flag was most nobly born in the struggle for independence that began with "The Shot Heard `Round the World" on a bridge in Concord, Massachusetts; and
Whereas, in the War of 1812, the American flag stood boldly against foreign invasion, symbolized the stand of a young and brave nation against the mighty world power of that day, and, in its courageous resilience, inspired our national anthem; and
Whereas, in the Second World War the American flag was the banner that led the American battle against fascist imperialism from the depths of Pearl Harbor to the mountaintop on Iwo Jima and from defeat in North Africa's Kasserine Pass to victory in the streets of Hitler's Germany; and
Whereas, the American flag symbolizes the ideals for which good and decent people fought in Vietnam, often at the expense of their lives or at the cost of cruel condemnation upon their return home; and
Whereas, the American flag symbolizes the sacred values for which loyal Americans risked and often lost their lives in securing civil rights for all Americans, regardless of race, creed, or national origin; and
Whereas, the American flag is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults and remains the destination of millions of immigrants attracted by the universal power of the American ideal; and
Whereas, the American flag was carried forth to the moon as a banner of goodwill, vision, and triumph on behalf of all mankind; and
Whereas, the American flag, even now, is the rallying flag for those of the world who would protect its people from the heinous crimes and inhumanity of a despotic ruler and is, for civilized nations, the symbol of resistance to this tyranny and oppression in the Middle East; and
Whereas, it is only fitting that the people should blend their voices in a forceful call for restoration to the Stars and Stripes of a proper station under law and decency. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize Congress to propose an amendment to the United States Constitution for ratification by the states specifying that Congress and the states may prohibit the physical desecration of the flag of the United States of America.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of this state's congressional delegation.
Senator MACAULAY spoke on the Resolution.
On motion of Senator MACAULAY, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.
S. 502 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.
Read the first time and referred to the Committee on Banking and Insurance.
S. 503 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.
Read the first time and referred to the Committee on Banking and Insurance.
S. 504 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.
Read the first time and referred to the Committee on Banking and Insurance.
S. 505 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND TO EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.
Read the first time and referred to the Committee on Banking and Insurance.
S. 506 -- Senators Land and Holland: A BILL TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS MAY HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.
Read the first time and referred to the Committee on Corrections and Penology.
S. 507 -- Senator Giese: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.
Read the first time and referred to the Committee on Education.
S. 508 -- Senators Land and Holland: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO LIMIT THE PERIOD OF ADMINISTRATIVE LEAVE WITH PAY TO NINETY DAYS.
Read the first time and referred to the Committee on Finance.
S. 509 -- Senators Russell and Wilson: A BILL TO AMEND CHAPTER 7, TITLE 54 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
Read the first time and referred to the General Committee.
S. 510 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO MAKE VALID IN THIS STATE A DURABLE POWER OF ATTORNEY EXECUTED IN ANOTHER JURISDICTION IF THE DURABLE POWER OF ATTORNEY, WHEN EXECUTED, COMPLIED WITH THE LAW APPLYING TO SUCH INSTRUMENTS IN THE JURISDICTION WHERE IT WAS EXECUTED, AND TO PROVIDE FOR THE RECORDING OF SUCH INSTRUMENTS.
Read the first time and referred to the Committee on Judiciary.
S. 511 -- Senators Rose and Helmly: A BILL TO AMEND SECTION 5-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION BY PETITION OF SEVENTY-FIVE PERCENT OF FREEHOLDERS, SO AS TO PROVIDE THAT THE SIGNATURE OF A FREEHOLDER OWNING PROPERTY IN THE AREA REQUESTING ANNEXATION MAY NOT BE COUNTED IF THE PROPERTY HAS BEEN CONVEYED TO HIM WITHIN SIX MONTHS BEFORE THE DATE OF THE FIRST SIGNATURE ON THE PETITION.
Read the first time and referred to the Committee on Judiciary.
S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.
Read the first time and referred to the Committee on Judiciary.
S. 513 -- Senators Drummond, J. Verne Smith and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND RECODIFY THE LAW RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS BY THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER 21, TITLE 40 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO PROVIDE FOR THE CONTINUATION OF REGULATIONS PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO PROVIDE FOR THE CONTINUATION IN OFFICE OF THE MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER PRIOR LAW.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 514 -- Senators Holland, Saleeby, McConnell, Hayes, Pope, Matthews and Stilwell: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY ADJOURNMENT, SO AS TO PROVIDE FOR AN EXTENSION OF SINE DIE ADJOURNMENT TO CONSIDER REAPPORTIONMENT.
Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.
S. 515 -- Senators Waddell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A SENATE RESOLUTION TO COMMEND PRESIDENT GEORGE BUSH, HIS MILITARY ADVISORS, AND THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES ON THEIR WELL PLANNED AND SUCCESSFUL FIRST STRIKE ON IRAQ, TO CONVEY THE FULL SUPPORT OF SOUTH CAROLINA TO THE ALLIED FORCES, AND TO EXPRESS THE HOPE THAT A SWIFT CONCLUSION WILL RESULT.
Whereas, President George Bush ordered decisive and overwhelming military action on Wednesday, January 16, 1991, to be taken against Saddam Hussein, his Iraqi forces, military installations, and military industrial sites by directing the men and women of the United States Armed Forces to attack; and
Whereas, it appears that in the short time that has passed since the liberation attack known as "Operation Desert Storm" began, the Allied Forces have attained a great degree of surprise, air superiority and success; and
Whereas, it is with great concern and pride that the people of South Carolina follow the historic events in the Middle East as they unfold before our eyes and ears; and
Whereas, the American soldiers have made and continue to make a great sacrifice to ensure the freedom of the world from the maniacal oppression of one man who desires to hold the whole world hostage; and
Whereas, we must never forget the men and women who are in the front lines actively engaging the enemy, the crews that load the airplanes armament, the crews that keep the planes flying and the armed forces rolling, the pilots who venture into enemy territory, the ground forces, and all others in Saudi Arabia and the waters surrounding the Middle East; and
Whereas, the State of South Carolina, the United States, and the rest of the world will forever be indebted to the brave soldiers of the Allied Forces; and
Whereas, it is time to stand solidly behind the troops representing South Carolina and support the parents and relatives with loved ones in the Middle East; and
Whereas, never before has there been such great international solidarity in condemning and moving against an aggressor nation. Now, therefore,
Be it resolved by the Senate:
That the Senate and the people of South Carolina do hereby commend President Bush, his advisors, and the men and women of the United States Armed Forces for their successful and overwhelming attack on Iraq to free Kuwait from Iraq's unjust grip.
Be it further resolved to convey the full support of the State of South Carolina to the Allied Forces for their initial efforts and the efforts that continue.
Be it further resolved that the Senate and the people of South Carolina desire and pray for a swift conclusion to the conflict in the Middle East so that a minimum of personal tragedies may occur and our uniformed heroes may come home soon.
Be it further resolved that a copy of this resolution be sent to President George Bush, Joint Chiefs of Staff Chairman, Colin Powell, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the South Carolina Congressional Delegation, and Eston Marchant, Adjutant General of South Carolina.
Senator WADDELL spoke on the Resolution.
On immediate consideration, the Senate Resolution was adopted.
H. 3228 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McBride, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER STATE SENATOR AND REPRESENTATIVE JOHN HENRY WILLIAMS OF AIKEN COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3229 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE FORT MILL HIGH SCHOOL BAND AND BAND DIRECTOR BOB COTTER UPON WINNING NUMEROUS CHAMPIONSHIPS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3264 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL RIFLE TEAM FOR BEING SELECTED THE 1990 NATIONAL RIFLE ASSOCIATION NATIONAL HIGH SCHOOL SMALLBORE RIFLE CHAMPION AND CONGRATULATING CHRIS MARCY FOR BEING NAMED THE NATIONAL JROTC INDIVIDUAL SMALLBORE RIFLE CHAMPION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3265 -- Reps. Smith and Sharpe: A CONCURRENT RESOLUTION TO CONGRATULATE THE SILVER BLUFF HIGH SCHOOL FOOTBALL TEAM FOR WINNING THE 1990 STATE CLASS AA FOOTBALL CHAMPIONSHIP.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Joint Legislative Committee on Aging to attend a legislative luncheon on January 23, 1991, at 12:30 P.M. at the Columbia Marriott.
The invitation was accepted.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 495 -- Senator Bryan: A BILL TO AMEND ACT 1839 OF 1972 TO CHANGE THE NAME OF THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES TO THE PIEDMONT PUBLIC SERVICE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES.
S. 91 -- Senators McConnell, Giese and Wilson: A BILL TO AMEND SECTION 11-35-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF PURCHASES OF FURNITURE, FLOOR AND WALL COVERINGS, AND DECORATIVE AND ORNAMENTAL ITEMS BY A GOVERNMENTAL BODY, SO AS TO INCLUDE EQUIPMENT AND OFFICES OF AN EMPLOYEE WITH DUTIES AND RESPONSIBILITIES SIMILAR TO AN AGENCY DIRECTOR OR ASSISTANT AGENCY DIRECTOR UNDER THE REPORTING REQUIREMENTS.
Senator McCONNELL spoke on the Bill.
S. 187 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.
Senator McCONNELL spoke on the Bill.
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator ROSE explained the committee amendment.
On motion of Senator ROSE, the committee amendment and Bill were carried over.
S. 231 -- Senator Pope: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator POPE proposed the following amendment to S.231 (JIC\5232.HC):
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
Section ___. Section 42-7-65 of the 1976 Code is amended to read:
"Section 42-7-65. Notwithstanding the provisions of Section 42-1-40, for the purpose of this title and while serving in this capacity, the total average weekly wage of the following categories of employees is the following:
(1) For all members of the State and National Guard, regardless of rank, seventy-five percent of the average weekly wage in the State for the preceding fiscal year, or the average weekly wage the service member would be entitled to, if any, if injured while performing his civilian employment, if the average weekly wage in his civilian employment is greater.
(2) For all voluntary firemen of organized voluntary rural fire units and voluntary municipal firemen, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
(3) For all members of organized volunteer rescue squads, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
(4) For all volunteer deputy sheriffs, thirty-seven and one-half percent of the average weekly wage in the State for the preceding fiscal year.
The wages provided in items (2), and (3), and (4) of this section may not be increased as a basis for any computation of benefits because of employment other than as a volunteer. Persons in the categories provided by items (2), and (3), and (4) must be notified of the limitation on average weekly wages prescribed in this section by the authority responsible for obtaining coverage under this title.
Volunteer firemen and rescue squad members are construed to mean members of organized units whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. A volunteer deputy sheriff is a volunteer whose membership is certified by the sheriff to the governing body of the county. Provided, that no No organized volunteer firemen, or rescue squad members, or volunteer deputy sheriff may be included under the provisions of this title unless approved by the governing body of the county or municipality.
The average weekly wage for inmates of the State Department of Corrections as defined in Section 42-1-480 is forty dollars per a week. The average weekly wage for county prisoners is forty dollars a week. The average weekly wage for students of high schools, state technical schools, and state-supported colleges and universities while engaged in work study, distributive education, or apprentice programs on the premises of private companies is fifty percent of the average weekly wage in the State for the preceding fiscal year."
Renumber sections to conform.
Amend title to conform.
On motion of Senator POPE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments.
S. 224 -- Senators Rose and McConnell: A SENATE RESOLUTION TO AMEND RULE 4 OF THE RULES OF THE SENATE, RELATING TO THE SENATE JOURNAL, SO AS TO REQUIRE THAT AN ASTERISK BE PLACED IN THE JOURNAL BESIDE THE NAME OF A SENATOR REPORTED AS VOTING ON A QUESTION WHO WAS NOT PRESENT WHEN THE VOTE WAS TAKEN BY THE SENATE, AND TO REQUIRE THE INCLUSION OF A NOTATION EXPLAINING THE SIGNIFICANCE OF PLACING THE ASTERISK BESIDE A SENATOR'S NAME UNDER THESE CIRCUMSTANCES.
On immediate consideration, the Senate Resolution was adopted.
S. 485 -- Invitations Committee: A SENATE RESOLUTION TO MANDATE THAT THE SENATE CHAMBER BE USED FOR SENATE BUSINESS ONLY AS OF JANUARY 21, 1991.
Senator MOORE spoke on the Resolution.
On immediate consideration, the Senate Resolution was adopted.
S. 218 -- Senators Lourie, Giese, Wilson and Martschink: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO PROHIBIT BILLS AND RESOLUTIONS FROM BEING POLLED OUT OF A COMMITTEE EXCEPT UPON A FAVORABLE MAJORITY VOTE OF THE ENTIRE MEMBERSHIP OF THE COMMITTEE AND TO PROVIDE FOR RECORDKEEPING OF SUCH POLLS.
The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the amendment proposed by the Committee on Rules.
The amendment proposed by the Committee on Rules was adopted as follows (RES218.3):
Amend the resolution, as and if amended, page 1 by striking lines 26 through 31 in their entirety and inserting the following:
No bill or joint resolution may be polled out of a standing committee unless at least two-thirds of the committee members are polled and a majority of the entire membership of the committee votes in favor of polling the legislation out. The poll results must be certified by the chairman and a copy of the results must be given to the Clerk to be published in the Journal.
Amend title to conform.
The Senate Resolution, as amended, was adopted.
S. 445 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 5 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE DETERMINATION OF WHEN A SENATOR HAS THE FLOOR, SO AS TO REQUIRE A SENATOR DESIRING TO SPEAK TO RISE AND ADDRESS THE PRESIDENT AND TO PROVIDE THAT THE SENATOR DESIRING TO SPEAK MAY NOT PROCEED UNTIL HE IS RECOGNIZED BY THE PRESIDENT.
On motion of Senator McCONNELL, the Resolution was carried over.
S. 478 -- Invitations Committee: A SENATE RESOLUTION TO EXTEND THE PRIVILEGE OF THE CHAMBER BEHIND THE RAIL TO GAYLORD PERRY ON THURSDAY, JANUARY 17, 1991.
On motion of Senator PEELER, the Resolution was committed to the Committee on Invitations.
By prior motion of Senator WADDELL, the Senate agreed that when the Senate adjourns today, that it meet for local and uncontested matters on Friday at 11:00 A.M., and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, January 22, 1991, at 12:00 Noon.
At 1:06 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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