Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:30 P.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear the word from St. Paul's Epistle to the Romans, that practical section of exhortations, Chapter 12 (v. 18):

"If it is possible, as far as it depends on you, live at peace

with all men."
Let us pray.

Lord God, who speaks to us in history, as we struggle to maintain peaceful relations among nations, and individuals, we appreciate the fact that even St. Paul found it to be a very difficult thing to do when he qualified his admonitions with the words,

"If it is possible,

... live at peace with all people."

As we remember the words of St. Paul, we also remember, as we are told by a modern Russian analyst, the traditional words of a Russian teacher,

"Hold out your hands in friendship, or

strech out your legs in your coffin."

God, help us to find the "better way," in the Name of the God that loves us all.

Amen.

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

January 14, 1991
The Honorable Thomas Moore
Chairman - Invitations Committee
P.O. Box 142
Columbia, S.C. 29202

Dear Senator Moore:

The South Carolina AFL-CIO would like to take this opportunity to invite the members of the Senate to a Catfish Supper on Tuesday, March 26, 1991, from 6:00 P.M. to 8:00 P.M.

The supper will be held in Columbia at the South Carolina Army National Guard located at 1225 Bluff Road.

Thank you and we look forward to seeing you.

Sincerely,
G.O. Smoak
President

Referred to the Committee on Invitations.

January 14, 1991
Senator Thomas L. Moore, Chairman
Senate Invitations Committee
P.O. Box 142
Columbia, S.C. 29202

Dear Senator Moore:

This letter is to confirm invitation already on the Senate calendar.

The South Carolina Federation of Business and Professional Women cordially invite all Senators, as guests, to our Legislative Breakfast which will be at the Carolina Plaza (formerly the Radisson) on Wednesday, March 13, 1991.

The breakfast will be at 7:30 A.M. and we will be finished in time for you all to get to your meetings.

We look forward to seeing you on March 13th at 7:30 A.M. and promise you all an enjoyable breakfast.

Very truly yours,
Betty B. Bagley
Legislation Chairman

Referred to the Committee on Invitations.

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

Document No. 1356
Promulgated By Board of Education
Basic Program Curriculum (43-234), (43-231), (43-130)
Received By Lt. Governor January 22, 1991
Referred to Senate Committee on Education
120 day review expiration date May 22, 1991

Senator LAND introduced Dr. J. Capers Hiott of Sumter, Doctor of the Day.

On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.

On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.

Senator GIESE requested and was granted a leave of absence for the remainder of the day.

S. 517 -- Senator Waddell: A CONCURRENT RESOLUTION TO CONGRATULATE THE ATLANTIC STATES MARINE FISHERIES COMMISSION ON THEIR FIFTIETH ANNIVERSARY OF PROMOTING, CONSERVING, AND MANAGING THE MARINE FISHERY RESOURCES OF THE ATLANTIC COASTAL STATES.

Returned with concurrence.

Received as information.

S. 518 -- Senators Williams, 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, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF THEIR FRIEND AND COLLEAGUE, SENATOR JOHN C. "JACK" LINDSAY OF MARLBORO COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

Returned with concurrence.

Received as information.

On motion of Senator WADDELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

Senator HOLLAND, with unanimous consent, was granted leave to address the body as follows:

Fellow Members of the Senate:

I have become acutely aware that many of you have questions regarding reapportionment and redistricting. I have been tempted to take on these questions on a case-by-case basis as each of you have walked up to me and asked, "What's going on?" However, I think that it is important that each and every member of the Senate be given essentially the same briefing regarding how the Senate Judiciary Committee and its Reapportionment and Redistricting Subcommittee will handle reapportionment. We all need to be on the same page of the hymn book.

To get this briefing process started, I have asked staff to prepare each of you a package containing minutes of the subcommittee's two meetings (one in July and the other in November 1990), a working schedule of when we hope to meet certain deadlines, and a copy of the subcommittee's policy on public participation and involvement. When I conclude my remarks, I will ask permission of the Lieutenant Governor to have this package placed on each member's desk.

I think the most exciting aspect of the subcommittee's work to date has been our efforts to get the public involved in reapportionment. Public involvement is not only proper, it is essential. With the help of ETV, we have prepared an informative videotape which should help any citizen of this State in his effort to be an active participant in reapportionment. We have included two of these videotapes in your package, and hope that you will make these available to your constituents back home. We are also sending copies of this videotape to:

Members, South Carolina Congressional Delegation

Executive Directors, Registered Political Parties

Executive Director, South Carolina Conference of the NAACP

Executive Director, Common Cause

Executive Director, League of Women Voters

Executive Director, South Carolina Press Association

Executive Director, South Carolina Broadcasters Association

Head Librarians, County Public Libraries

Head Librarians, State College & University Libraries

Head Librarian, South Carolina State Library

News Directors, South Carolina Television Stations

I know that many of you will have lots of questions even after having read all the materials in the package and having watched the videotape. The other members of the subcommittee and I are committed to answering these questions. So that you can get not only an answer, but the correct answer, I would hope that you would feel comfortable in coming to me or the subcommittee's counsel, Mike Couick, so that we can do our best to answer your questions.

Mr. President, I appreciate the opportunity to address the Senate on this matter, and I request permission to have these packages distributed to each member.

The following were introduced:

S. 532 -- Senators Fielding and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE JOHN A. "JACKY" FRAZIER OF ALLENDALE COUNTY ON BEING SELECTED THE 1991 SMALL FARMER OF THE YEAR BY THE STATE ASSOCIATION OF FARMERS.

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

S. 533 -- Senators Fielding, Martschink, McConnell, Passailaigue and Washington: A CONCURRENT RESOLUTION TO COMMEND TRINITY UNITED METHODIST CHURCH AND CONGREGATION ON THE OBSERVANCE AND CELEBRATION OF THE TWO HUNDREDTH YEAR OF THE FOUNDING OF THE CONGREGATION IN CHARLESTON, SOUTH CAROLINA.

Whereas, Trinity United Methodist Church located in the City of Charleston, Charleston County, South Carolina, was first organized as a congregation in the year Seventeen Hundred and Ninety-one; and

Whereas, Trinity United Methodist Church is the oldest congregation of the Methodist Church in the City of Charleston, having been an active congregation for two hundred years, and an important influence and leader for the spiritual and moral well-being of Charleston and the State of South Carolina; and

Whereas, Trinity United Methodist Church has served as one of the founding congregations of Methodism within Charleston and the State of South Carolina, being instrumental in the founding support of other Methodist congregations and churches in Charleston; and

Whereas, Trinity United Methodist Church has provided the State of South Carolina with many accomplished and able clergy during its two hundred-year history; and

Whereas, the present congregation of Trinity United Methodist Church, as good stewards of the Church building which has been given to them by past generations of the congregation, has faithfully and painstakingly undertaken and completed a restoration of Trinity United Methodist Church to its original splendor and architectural significance. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That Trinity United Methodist Church and its congregation be recognized and sincerely congratulated on the two hundredth anniversary of the founding of the congregation and that the General Assembly of the State of South Carolina joins in the observance and celebration of this bicentennial year by acknowledging this very significant occasion by this Resolution.

Be it further resolved that Trinity United Methodist Church be recognized and commended for its long history of spiritual and moral leadership and accomplishments during these two hundred years.

Be it further resolved that the General Assembly of the State of South Carolina bestows its good wishes upon the congregation of Trinity United Methodist Church during its two hundred year-anniversary and for all years to come.

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

S. 534 -- Senators Helmly, Land, Rose, Passailaigue and Long: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988.

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

S. 535 -- Senators Lourie, Waddell, Giese and Passailaigue: A JOINT RESOLUTION TO TEMPORARILY INCREASE THE BINGO LICENSE TAX AND AUTHORIZE THE ADDITIONAL REVENUES TO BE DEPOSITED IN A FUND TO BE CALLED "COMMISSION ON AGING SENIOR CITIZEN CENTERS PERMANENT IMPROVEMENT FUND" AND TO PROVIDE THE PROCEDURES ON HOW THE MONEY MAY BE EXPENDED, REQUIRE THAT PROJECTS MUST BE ESTABLISHED IN ORDER OF PRIORITY AS IDENTIFIED IN THE COMMISSION ON AGING'S 1990 OVERALL PERMANENT IMPROVEMENT PLAN SUBMISSION, PROVIDE A PROCEDURE FOR CHANGING THE PRIORITY, REQUIRE THAT THE COMMISSION IS SUBJECT TO ALL PROVISIONS OF CHAPTER 47 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE ESTABLISHED FOR REQUESTING PERMANENT IMPROVEMENT PROJECTS, AND PROVIDE FOR THE REPEAL OF THE TAX WHEN THE FUND REACHES EIGHT MILLION, SEVEN HUNDRED FIFTY-SEVEN THOUSAND, ONE HUNDRED TWENTY-FIVE DOLLARS.

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

S. 536 -- Senators Lourie, Passailaigue, Bryan, Hayes, Long, Leatherman, Nell W. Smith, Macaulay, Peeler, Pope and Rose: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.

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

S. 537 -- Senator Martschink: A JOINT RESOLUTION PROPOSING THE REPEAL OF SECTION 14, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMMUNITY FROM PROSECUTION FOR MEMBERS OF THE GENERAL ASSEMBLY DURING THE LEGISLATIVE SESSION.

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

S. 538 -- 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 A LIST OF ALL FREEHOLDERS OWNING PROPERTY IN THE AREA PROPOSED TO BE ANNEXED MUST BE FILED WITH THE CLERK OF THE ANNEXING MUNICIPALITY THIRTY DAYS BEFORE THE DATE OF THE FIRST SIGNATURE ON THE PETITION.

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

S. 539 -- Senator Rose: A BILL TO AMEND CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING ARTICLE 5 SO AS TO PROHIBIT THE ADVERTISING AND MARKETING OF ALCOHOLIC BEVERAGES TO MINORS; TO AMEND SECTION 61-3-20, RELATING TO DEFINITIONS FOR TITLE 61, ARTICLE 3 OF CHAPTER 13, SO AS TO SET FORTH ADDITIONAL DEFINITIONS; AND TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING TOBACCO TO MINORS, SO AS TO ALSO PROHIBIT THE ADVERTISING AND MARKETING OF TOBACCO TO MINORS.

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

S. 540 -- Senator Pope: A BILL TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.

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

S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.

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

S. 542 -- Senators Gilbert, Long and McGill: A BILL TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-30, SO AS TO PROHIBIT AN EMPLOYER FROM DENYING A PART-TIME EMPLOYEE, IN PROPORTION TO HOURS WORKED, ANY BENEFIT WHICH WOULD NORMALLY ACCRUE TO HIM IF HE WERE A FULL-TIME EMPLOYEE.

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

S. 543 -- Senators Lourie, Passailaigue and Giese: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.

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

S. 544 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-195 SO AS TO PROVIDE THAT THE DEPARTMENT MAY INSPECT FOREIGN VEHICLES ACCOMPANIED BY A MANUFACTURER'S STATEMENT OF ORIGIN BEFORE REGISTRATION AND LICENSURE TO DETERMINE WHETHER A VEHICLE MEETS THE DEPARTMENT'S STANDARDS.

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

S. 545 -- Senators Drummond, Williams, Waddell, Martin, Horace C. Smith, Holland, Lourie, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, Leventis, Macaulay, McConnell, Moore, Peeler, Shealy, Nell W. Smith, Bryan, Courson, Fielding, Giese, Hayes, Hinson, Long, Matthews, Mitchell, Pope, Thomas, Wilson, Patterson, Stilwell, Martschink, Russell, Gilbert, Helmly, Hinds, McGill, Mullinax, O'Dell, Passailaigue, Rose, Washington and Reese: A BILL TO AMEND SECTION 56-3-2010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONALIZED LICENSE PLATES FOR CERTAIN INDIVIDUALS SO AS TO PROVIDE FOR THE ISSUANCE, REISSUANCE, OR REASSIGNMENT OF PERSONALIZED LICENSE PLATES FOR MEMBERS OF THE GENERAL ASSEMBLY.

Senator DRUMMOND spoke on the Bill.

On motion of Senator DRUMMOND, S. 545 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 546 -- Senators Waddell, Bryan, Courson, Drummond, Fielding, Gilbert, Giese, 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 JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, TO ADOPT FEDERAL PROVISIONS RELATING TO THE EXCLUSION OF CERTAIN COMPENSATION RECEIVED WHILE SERVING IN A COMBAT ZONE; AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.

Senator WADDELL spoke on the Joint Resolution.

On motion of Senator WADDELL, S. 546 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 547 -- Senator Land: A BILL TO DESIGNATE A ROAD IN CLARENDON COUNTY AS W. L. HAMILTON ROAD.

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

H. 3284 -- Reps. Keyserling, H. Brown, Rogers, Jaskwhich and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1991 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1991 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 3, 1991, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Referred to the Committee on Invitations.

H. 3285 -- Reps. Rama, Sheheen, Corbett, Quinn, Keegan, Jaskwhich, Cromer and Barber: A CONCURRENT RESOLUTION TO COMMEND THE CATHOLIC SCHOOLS OF SOUTH CAROLINA AND THE UNITED STATES ON THE OCCASION OF NATIONAL APPRECIATION DAY FOR CATHOLIC SCHOOLS TO BE HELD ON WEDNESDAY, JANUARY 30, 1991.

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

H. 3286 -- Reps. G. Brown and Baxley: A CONCURRENT RESOLUTION TO CONGRATULATE MR. CALVIN JOYNER OF LEE COUNTY ON THE OCCASION OF HIS RETIREMENT FROM COUNTY OFFICE.

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

H. 3065 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-385 SO AS TO PROVIDE THE POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS.

Read the first time and on motion of Senator BRYAN, with unanimous consent, ordered placed on the Calendar without reference.

Senator SALEEBY, from the Committee on Judiciary, submitted a favorable report on:

S. 18 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL CANDIDATE NOMINATIONS BY PETITION, SO AS TO EXTEND THE TIME FOR FILING THE PETITION IN THE EVENT OF AN EMERGENCY DECLARED BY THE GOVERNOR AND THE CONDITIONS PRECIPITATING THE EMERGENCY DECLARATION PREVENT THE CANDIDATE FROM TIMELY FILING THE PETITION.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:

S. 216 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-2417, SO AS TO PROVIDE A DESIGNATION ON INCOME TAX RETURNS TO CONTRIBUTE TO A HOUSING TRUST FUND, AND TO ADD ARTICLE 4 TO CHAPTER 3 OF TITLE 31, SO AS TO PROVIDE FOR THE CREATION OF THE HOUSING TRUST FUND OF SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 226 -- Senators Waddell and Passailaigue: A JOINT RESOLUTION TO ALLOW STATE INCOME TAX DEDUCTIONS FOR INDIVIDUALS FOR COMMERCIAL TIMBER LOSSES AND TIMBER DAMAGE ASSESSMENTS ATTRIBUTABLE TO THE IMPACT OF HURRICANE HUGO IN COUNTIES DECLARED A FEDERAL DISASTER AREA BECAUSE OF THE IMPACT OF HURRICANE HUGO, TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR THE DEDUCTION INCLUDING REDUCTION OF OTHER TAX ATTRIBUTES OF TAXPAYERS CLAIMING THE DEDUCTION, AND TO ELIMINATE PENALTIES FOR FAILURE TO FILE TAX RETURNS DUE FROM SEPTEMBER 18, 1989, TO NOVEMBER 30, 1989, FOR TAXPAYERS IN COUNTIES DECLARED DISASTER AREAS.

Ordered for consideration tomorrow.

Senator WILSON, from the Committee on Judiciary, submitted a favorable report on:

S. 227 -- Senator Rose: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO PROVIDE THAT FOR PURPOSES OF THIS SECTION STATE HOLIDAY DOES NOT MEAN THE GENERAL ELECTION DAY.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 326 -- Senators Waddell, Leatherman, Lourie, Hayes and Giese: A BILL TO AMEND SECTION 12-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 349 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITABLE SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EMPLOYMENT BY A REDEVELOPMENT COMMISSION CREATED BY A MUNICIPAL GOVERNING BODY IS CONSIDERED CREDITABLE SERVICE UPON PAYMENT OF THE AMOUNT REQUIRED BY LAW FOR ESTABLISHING CREDITABLE SERVICE.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 377 -- Senators Wilson, Giese, Passailaigue and Rose: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION ESTABLISHING A PRESIDENTIAL LINE ITEM VETO.

Ordered for consideration tomorrow.

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

S. 437 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE PANOLA PRECINCT.

On motion of Senator LAND, with unanimous consent, the Bill was taken up for immediate consideration.

On motion of Senator LAND, the Bill was read the second time, passed and ordered to a third reading.

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

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.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

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

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator J. VERNE SMITH, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

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 adoption of the amendment (JIC/5232.HC) proposed by Senator POPE on January 22, 1991.

Senator POPE explained the amendment.

On motion of Senator POPE, the amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

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 third reading of the Bill.

Senator WILLIAMS argued in favor of third reading of the Bill and Senator LEATHERMAN argued contra.

Senator LEATHERMAN moved to carry over the Bill.

Senator ROSE moved to table the motion to carry over the Bill.

The motion to carry over the Bill was laid on the table.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

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.

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

On motion of Senator McCONNELL, with unanimous consent, the Bill was placed in the status of Interrupted Debate.

S. 120 -- Senators Martschink and Wilson: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEER IN THE DEFINITION OF EMPLOYEE; AND SECTION 33-55-210, RELATING TO THE RECOVERY FOR TORTS AGAINST CHARITABLE ORGANIZATIONS AND LICENSED HEALTH CARE PROVIDERS, SO AS TO INCLUDE NONPROFIT AS WELL AS CHARITABLE ORGANIZATIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed by Senator MARTSCHINK (RES 120.1) and printed in the Journal of Tuesday, January 22, 1991.

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

The question then was the adoption of the amendment proposed by the Committee on Judiciary (JUD 120.1) as follows:

Amend the bill, as and if amended, page 3, line 36, in Section 33-55-210(A), as contained in SECTION 2, by striking /two hundred thousand dollars/ and inserting /two hundred thousand dollars three hundred thousand dollars/.

Amend title to conform.

Senator SALEEBY argued in favor of the adoption of the amendment proposed by the Committee on Judiciary and Senators MARTSCHINK and McCONNELL argued contra.

Senator MARTSCHINK moved to table the amendment proposed by the Committee on Judiciary.

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

Bryan Courson Drummond
Gilbert Hayes Hinds
Hinson Leatherman Macaulay
Martschink McConnell McGill
Mitchell O'Dell Passailaigue
Peeler Pope Reese
Rose Russell Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson

Land Long Saleeby

The amendment proposed by the Committee on Judiciary was laid on the table.

The question then was second reading of the Bill.

Senator LAND spoke on the Bill.

Senator POPE moved to carry over the Bill, carrying over all amendments to third reading.

Senator MARTSCHINK moved to table the motion to carry over the Bill.

Senator POPE withdrew the motion to carry over the Bill.

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.

On motion of Senator WADDELL, with unanimous consent, the Senate agreed that when the Senate adjourns today, that it meet for local and uncontested matters on Thursday, January 24, 1991, at 12:00 Noon; and that when the Senate adjourns on Thursday, that it stand adjourned to meet for local and uncontested matters on Friday, January 25, 1991; and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, January 29, 1991, at 2:30 P.M.

On motion of Senator WADDELL, 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:

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

At 4:15 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Tuesday, June 30, 2009 at 8:58 A.M.