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 words of the Psalmist,
"The Living Bible" rendering, Psalm 29(v.10):
"At the flood, the Lord showed
His control of all creation. Now
He continues to unveil His power.
He will give His people strength."
Let us pray.
We thank You, O God of all the earth and the cosmos, for Your
providence and mercy which has watched over us, and brought us back to this place of service.
Give us hearts to love Thee,
Minds to know Thee, and
Voices to utter Thy truths.
Be Thou the unseen but ever real, counselor at every committee meeting, and every place of decision.
Fulfill now, O Lord, in this quiet moment the ancient promise, "Be still and know that I am God". And so make us equal to today's tasks... in the Name of the Good Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 23, 1991
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, South Carolina Alcoholic Beverage Control Commission, At-Large with term to expire on June 30, 1997:
Mr. Curtis Wilbur Hodge, 603 North Almond Drive, Simpsonville, South Carolina 29681
Referred to the Committee on Judiciary.
Appointment, Member, State Commission on Higher Education, At-Large, with term to expire on June 26, 1993:
Mr. Harry Ward Miley, Ph.D., 1416 Ivy Lane, Columbia, South Carolina, 29204 VICE Howard Love (resigned)
Referred to the Committee on Education.
January 28, 1991
Senator Marshall B. Williams
South Carolina State Senate
#101 Gressette Building
Columbia, South Carolina 29201
Dear Marshall:
I hereby request that I be excused from the Senate in accordance with the provisions of Senate Rule 45.1 (a).
I sincerely regret that circumstances make this action necessary, and I hope that you will convey my best regards and well wishes to the Senate.
With kindest regards, I am
Respectfully,
Horace C. Smith
Senator, Spartanburg County
Senate District #13
January 28, 1991
The Honorable Horace C. Smith
410 Gressette Building
Columbia, South Carolina 29201
Dear Horace:
I received your request of today's date to be excused from the Senate under the provisions of Senate Rule 45.1 (a).
In accordance with the provisions of that rule, I hereby grant your request.
Sincerely
Marshall B. Williams
January 22, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
Annually a group of men from the Columbia area sponsor the Governor's statewide Prayer Breakfast. This year this breakfast is scheduled for April 17, 1991, at 7:45 A.M. at the Embassy Suites Hotel. This will be the thirty-second year for this event.
This is to request that this event be placed on the Senate Calendar. Each Senator will receive a personal invitation at a later date.
Your cooperation with this request is appreciated.
Sincerely Yours,
C.T. Young, Chairman
South Carolina Prayer Breakfast
Committee
Referred to the Committee on Invitations.
January 10, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
The members of the South Carolina Registered Cosmetologist Association would like to again this year have the opportunity to meet and thank the members of the Senate for their work to benefit the State of South Carolina.
We extend to each member and their spouse an invitation to join us for a drop-in to be held Wednesday, March 6, 1991, from 6:00 to 8:00 P.M. at the Town House in Columbia.
We would appreciate your extending this invitation to your colleagues and look forward to seeing each of you.
Sincerely yours,
Sadie Darragh
President, SCRCA
Referred to the Committee on Invitations.
January 21, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
The National Rifle Association would like to hold a legislative reception for all members of the South Carolina House and Senate from 8:00 to 10:00 P.M. on Tuesday, March 19, 1991 at the Columbia Marriott.
Please inform me if this date is still open and if there are any other rules and regulations set forth by the Senate Invitations Committee with which we must comply.
You can contact me at the above address or at (202) 828-6373 -- fax. (202) 861-0306.
Sincerely,
Michael E. Williams
South Carolina State Liaison
Referred to the Committee on Invitations.
January 21, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
The South Carolina Dairy Association wishes to extend to the members of the South Carolina Senate, their spouses, staff and attaches, an invitation to the Annual Dairy Fest Breakfast on Thursday, May 2, 1991, from 7:30 - 9:30 A.M. The reception will be held at the Capital City Club in the AT&T Building.
Sincerely,
Kelly Smith
Executive Director
Referred to the Committee on Invitations.
January 21, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
The Independent Banks of South Carolina wishes to extend to the members of the South Carolina Senate, their spouses, staff and attaches, an invitation to a reception on Tuesday, April 16, 1991, from 6:00 - 8:00 P.M. The reception will be held at the Capital City Club in the AT&T building.
Sincerely,
Kelly Smith
Executive Director
Referred to the Committee on Invitations.
The following was received and referred to the appropriate committee for consideration.
Document No. 1361
Promulgated By Residential Builders Commission
Residential Builders And Specialty Contractors
Received By Lt. Governor January 28, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 29, 1991
The following was received:
Document No. 1289
Promulgated By Department of Highways and Public Transportation
Motor Vehicle Registration and Financial Responsibility
Received By Lt. Governor June 14, 1990
Referred to Senate Committee on Transportation
Withdrawn and Resubmitted: January 29, 1991
120 day review expiration date May 2, 1991
Senator HINSON introduced Dr. William L. Thomas of Lancaster, 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 PATTERSON rose to a Point of Personal Privilege.
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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
The following were introduced:
S. 548 -- Senator Passailaigue: A CONCURRENT RESOLUTION COMMENDING MARGARET S. TOWNSEND FOR HER OUTSTANDING SERVICE AS ONE OF THE MEMBERS OF THE SOUTH CAROLINA STATE ELECTION COMMISSION FOR TWENTY-ONE YEARS AND THANKING HER FOR HER LOYALTY AND MANY CONTRIBUTIONS TO THE PEOPLE AND GOVERNMENT OF SOUTH CAROLINA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 549 -- Senators Lourie, Wilson, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, 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, Waddell, Washington and Williams: A CONCURRENT RESOLUTION COMMENDING MAJOR GENERAL T. ESTON MARCHANT, THE ADJUTANT GENERAL OF SOUTH CAROLINA, UPON HIS BEING NAMED "SOUTH CAROLINIAN OF THE YEAR" BY WIS-TV IN COLUMBIA AND ADDING THE VOICES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS IN EXPRESSING APPRECIATION FOR THE DISTINGUISHED SERVICE OF THE ADJUTANT GENERAL.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 550 -- Senator Peeler: A CONCURRENT RESOLUTION TO PLACE A MORATORIUM ON THE SITING OF NEW INCINERATION FACILITIES IN THE STATE UNTIL PROPER AND ON GOING TESTING HAS BEEN ACCOMPLISHED BY THE FEDERAL GOVERNMENT TO DETERMINE THE HEALTH RISKS AND EFFECTS OF INCINERATION ON HUMAN LIFE, PLANT LIFE, AND ANIMAL LIFE.
Whereas, the disposal of solid waste is a major environmental problem in this State as well as in all states across the country; and Whereas, in South Carolina over ten thousand, four hundred forty tons of solid waste are generated each day; and
Whereas, arriving at a reasonable, environmentally sound solution is a task with which this General Assembly currently is faced; and
Whereas, there are methods of addressing this problem that must be scrutinized closely so as to select the best technologies for the good of the State and future generations; and
Whereas, incineration of solid waste is one method presently available to reduce the volume of waste before it is landfilled; and
Whereas, in evaluating the merit and environmental impact of this method it must be recognized that among many experts incineration is perceived as a risky method to employ and that its use is highly controversial; and
Whereas, several issues regarding incineration and incinerator ash are still under debate by the federal Environmental Protection Agency including consideration of incinerator ash as a "special waste" within the parameters of hazardous waste, the role and validity of the toxicity test used for the purpose of categorizing incinerator ash, how ash testing will fit into the solid waste management program, and the potential of separating waste at the source so as to reduce the hazardous nature of incinerator ash; and
Whereas, health risks have emerged as the central focus of the debate over this technology. Incinerators primarily have been characterized as stationary sources of toxic air pollutants with regard to their impact upon ambient air quality; and
Whereas, air pollution sources from incineration include, in addition to the ash, metal byproducts which contribute to the health risks by permeating the atmosphere thereby creating routes of exposure beyond just direct inhalation of the polluted air and adding to the cumulative effect of the exposure to these incinerator associated pollutants; and Whereas, incinerator ash contains high levels of toxic metals including lead which can cause permanent neurological damage even at low doses, as well as blood, kidney, and bone damage and cadmium which is suspected of causing cancer in humans and which can cause damage to the lungs, kidneys, liver, and bones; and
Whereas, the Environmental Protection Agency has found fly ash to be acutely toxic to aquatic organisms. The EPA has demonstrated that toxic substances in ash can be taken up readily by plants and animals exposed to the ash; and
Whereas, the crop markets in South Carolina, including, but not limited to, soybeans, wheat, and peaches provide seven hundred million dollars annually in revenues to the farming community and, therefore, are critical to maintaining a strong economy within the State; and
Whereas, the livestock and livestock products market plays a vital role in maintaining a strong economy within the State by providing five hundred fifty-two million dollars annually in revenues to the farming community; and
Whereas, in those municipal solid waste management systems that incorporate incineration, it is only one component of the system, and first, opportunities for source reduction, separation, and recycling must be used to their fullest extent, not only to reclaim reusable materials, but also to maximize the safety and efficiency of any subsequent incineration; and
Whereas, those advocating the "mass burn" approach are propelled by the same myth that led to disastrous reliance on mass landfilling, a quick fix to solve a major problem which only creates an even bigger problem; and
Whereas, communities that recycle will find themselves in direct competition with incinerator companies where counties or municipalities that contract with these companies will have to guarantee a minimum tonnage of waste to the incinerator, thereby compromising or eliminating incentives to reduce waste through recycling methods which will affect available markets for recycled
products. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That a moratorium be placed on the siting of new incineration facilities in the State until proper and ongoing testing has been accomplished by the federal government to determine the health risks and effects of incineration on human life, plant life, and animal life.
Referred to the Committee on Medical Affairs.
S. 551 -- Senators Leatherman, J. Verne Smith, Nell W. Smith, Peeler, Long, Macaulay and Matthews: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.
Read the first time and referred to the Committee on Finance.
S. 552 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Judiciary.
S. 553 -- Senator Giese: A BILL TO AMEND SECTION 16-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEFINITIONS IN REGARD TO THE REGULATION OF FIREARMS, SO AS TO REVISE THE DEFINITION OF A "MILITARY FIREARM".
Read the fist time and referred to the Committee on Judiciary.
S. 554 -- Senator Pope: A BILL TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE WITHIN THE JURISDICTION OF MAGISTRATE'S COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Judiciary.
S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
Read the first time and referred to the Committee on Judiciary.
S. 556 -- Senator Peeler: A BILL TO AMEND SECTION 4-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF COUNTY GOVERNMENT, SO AS TO AUTHORIZE THE IMPOSITION OF A TIPPING FEE ON THE DISPOSAL OF
OUT-OF-STATE WASTE.
Read the first time and referred to the Committee on Judiciary.
S. 557 -- Senator Holland: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Read the first time and referred to the Committee on Transportation.
S. 558 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-227, 11-5-260, AND 11-5-270 SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS AND TO MOVE PROVISIONS RELATING TO THE DISTRIBUTION OF TAX REVENUES DEDICATED TO AID TO SUBDIVISIONS FROM TITLE 12 TO THE CHAPTER DEALING WITH THE DUTIES OF THE STATE TREASURER; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.
Read the first time and ordered placed on the Calendar without reference.
S. 559 -- Senators Horace C. Smith, Waddell, Leatherman, Moore and J. Verne Smith: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO DECREASE AND INCREASE AUTHORIZATIONS FOR FACILITIES OF THE DEPARTMENT OF YOUTH SERVICES.
Senator WADDELL spoke on the Bill.
Read the first time and on motion of Senator WADDELL, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator WADDELL, with unanimous consent, S. 559 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 560 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT RATHER THAN BE ELECTED AND TO MAKE THIS CHANGE IN THE METHOD OF CHOOSING THE SUPERINTENDENT EFFECTIVE AFTER THE GENERAL ELECTION OF 1992.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 561 -- Senator Moore: A SENATE RESOLUTION TO COMMEND THE STUDENTS, FACULTY, AND STAFF OF MIDLAND VALLEY HIGH SCHOOL IN AIKEN COUNTY FOR THEIR EXTRAORDINARY EFFORTS AND PHENOMENAL SUCCESS IN RAISING FUNDS FOR THE VALLEY EMPTY STOCKING FUND.
On immediate consideration, the Senate Resolution was adopted.
H. 3298 -- Reps. Burriss, J. Brown, Corning, Cromer, Faber, McBride, Quinn, Rogers, Scott, Waites, Wright, Derrick, Felder, Klapman, Koon, Sharpe, Sturkie, Short, Foster, McCain, Haskins, Baxley, McGinnis, Fair, Neilson, Wilkins, McKay, and Kinon: A CONCURRENT RESOLUTION CONGRATULATING MAJOR GENERAL T. ESTON MARCHANT, SOUTH CAROLINA'S DISTINGUISHED ADJUTANT GENERAL, FOR BEING NAMED "SOUTH CAROLINIAN OF THE YEAR".
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3299 -- Reps. R. Young, Fulmer and Rama: A CONCURRENT RESOLUTION TO CONGRATULATE DR. GERALD R. HASTY FOR RECEIVING THE TITLE OF PROFESSOR EMERITUS IN HISTORY AND POLITICAL SCIENCE FROM CHARLESTON SOUTHERN UNIVERSITY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3300 -- Reps. G. Brown and Baxley: A CONCURRENT
RESOLUTION TO CONGRATULATE RAY ALEXANDER OF LEE COUNTY ON THE OCCASION OF HIS RETIREMENT AFTER SERVING CONTINUOUSLY SINCE 1970 AS A MEMBER OF LEE COUNTY COUNCIL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H.3334 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE FEDERAL-MOGUL CORPORATION'S SUMMERTON PLANT FOR BEING AWARDED GENERAL MOTORS' "MARK OF EXCELLENCE" AWARD.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3335 -- Reps. Sheheen, Baxley and Burch: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMDEN HIGH SCHOOL BULLDOG FOOTBALL TEAM FOR WINNING THE 1990 STATE CLASS AAA CHAMPIONSHIP AND COACH BILLY AMMONS FOR BEING NAMED THE CLASS AAA COACH OF THE YEAR BY THE STATE NEWSPAPER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3347 -- Reps. Barber, Holt, D. Martin, Gonzales, J. Bailey, R. Young, Fulmer, Rama and Hallman: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS GRATITUDE TO MARGARET S. TOWNSEND OF CHARLESTON COUNTY FOR HER LOYAL, DEDICATED, AND UNSELFISH SERVICE FOR TWENTY-ONE YEARS ON THE SOUTH CAROLINA ELECTION COMMISSION AND THE BOARD OF STATE CANVASSERS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3021 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.
Read the first time and referred to the Committee on Judiciary.
H. 3059 -- Rep. Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.
Read the first time and referred to the Committee on Judiciary.
H. 3083 -- Rep. Manly: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION AND TO REVISE CERTAIN ELECTION PROCEDURES CONTAINED IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, AND TO PROVIDE FOR CERTAIN PROCEDURES AND ELECTION DATES IN REGARD TO THIS PROVISION.
Read the first time and referred to the Committee on Judiciary.
H. 3261 -- Reps. Koon and Wright: A BILL TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3302 -- Rep. Burch: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-13-153 IN CHESTERFIELD COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator POPE, from the Committee on Judiciary, submitted a
favorable report on:
S. 165 -- Senator Pope: A BILL TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; AND TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION.
Ordered for consideration tomorrow.
Senator LONG, from the Committee on Judiciary, submitted a favorable report on:
S. 263 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION HEARINGS AND RECORDS, SO AS TO PROHIBIT THE RELEASE OF IDENTIFYING INFORMATION PERTAINING TO AN ADOPTION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 273 -- Senators J. Verne Smith and Giese: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE APPLICATION REQUIRED TO OBTAIN THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY BE FILED AT ANY TIME ON OR BEFORE THE FIRST PENALTY DATE FOR TAXES ON THE PROPERTY FOR THE YEAR IN WHICH THE SPECIAL ASSESSMENT RATIO FIRST APPLIES.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 317 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE PROVISION THAT EACH OWNER OF A PART OF THE FEE OR LIFE ESTATE OWNS EQUAL INTEREST IN THE HOMESTEAD.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Judiciary, submitted a favorable report on:
S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 353 -- Senators Giese and Rose: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION, SO AS TO DELETE THE DATE BY WHICH LIFE ESTATES CREATED OTHER THAN BY WILL ARE OTHERWISE ELIGIBLE FOR THE EXEMPTION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Judiciary, submitted a majority favorable with amendments and Senator McCONNELL a minority unfavorable report on:
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 420 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE LANGUAGE WITH RESPECT TO THE EXEMPTION FOR INVENTORIES AND CLARIFY THAT THE EXEMPTION "APPLIES TO ALL INVENTORIES.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 3267 -- Reps. Sheheen, T.C. Alexander, Beasley, Bennett, Boan, Carnell, Foster, Hayes, Mattos, Mcteer, Waldrop and Wilkins: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 30, 1991.
On motion of Senator WADDELL, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration
On motion of Senator WADDELL, the Concurrent Resolution was adopted, ordered returned to the House.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 3157 -- Reps. Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13,1991, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY" FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13,1991, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES OR AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
On motion of Senator WADDELL, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
On motion of Senator WADDELL, 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 S.C. Funeral Directors Association, Inc., to attend a Legislative Reception on Tuesday, February 5, 1991, from 6:00 - 7:00 P.M. at the Capital City Club.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Association of Christian Schools to attend a Legislative Breakfast on Wednesday, February 6, 1991, from 8:00 - 9:00 A.M. in the ballroom at the Holiday Inn.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from S.C. State College to attend a reception on Wednesday, February 6, 1991, from 6:00 - 8:00 P.M. at the Carolina Plaza; (formerly the Radisson Hotel)
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from Lander College to attend a reception on Tuesday, February 12, 1991, from 6:00 - 8:00 P.M. at the Capital City Club.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the GreateR Columbia Teen Pregnancy Prevention Council and the Teen Pregnancy Reduction Network to attend a Legislative Reception on Wednesday, February 13, 1991, 1st floor lobby of State House, immediately upon adjournment.
The invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Municipal Association of S.C. to attend a reception on Wednesday, February 13, 1991, in the ballroom of the Marriott Hotel from 6:30 - 8:00 P.M.
The invitation was accepted.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
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.
The following Bill having been read the second time was passed and ordered to a third reading:
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.
Senator BRYAN spoke on the Bill
The following Bills having been read the second time were passed and ordered to a third reading:
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.
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.
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.
S. 216 -- Senators Passailaigue, Fielding, Washington, Rose and Martschink: 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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (JIC\5263.HC was adopted as follows:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-125. There is created a special fund known as the Housing Trust Fund of South Carolina. All monies received from the voluntary contribution system established pursuant to Section 12-7-2417 must be deposited in the fund to be used to establish and administer housing facilities for persons who are temporarily without a form of shelter from the elements. A housing shelter must be a facility operated by a qualified organization that provides food, sleeping quarters, and counseling support services for homeless adults and children. The Housing Trust Fund shall supplement and augment, not take the place of, services provided by state agencies. The South Carolina Board of Social Services shall carry out all activities necessary to administer the fund.
Until the assets of the Housing Trust Fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the fund each year from contributions plus all earnings from the investment of monies of the fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursements on authorization of the board.
When the assets in the fund exceed five million dollars, all credited earnings plus all future annual deposits to the fund from contributions are available for disbursement on the authorization of the board.
A majority of the board members must authorize the disbursement of funds."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE spoke on the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MARTSCHINK, with unanimous consent, the following Senators were added as co-sponsors to S. 216: WASHINGTON, FIELDING, McCONNELL, MARTSCHINK and ROSE.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE proposed the following amendment (RES326.1), which was withdrawn:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
SECTION 1. Section 12-16-20(5) of the 1976 Code, as last amended by Section 3B, Part II, Act 612 of 1990, is further amended to read:
"(5) 'Internal Revenue Code' means the Internal Revenue Code of 1986, as amended through December 31, 1989 1990. "
SECTION 2. Title 12, Chapter 7 of the 1976 Code is amended by adding:
"Section 12-7-25. No change in the state income tax law enacted to maintain conformity with the federal income tax law may result in decreased or increased state income tax liability for a taxpayer. The requirement provided in this section must be included in legislation to achieve conformity."
SECTION 3. This act takes effect upon approval by the Governor, except that SECTION 1 is effective with respect to estates of decedents dying after 1990.
Amend title to conform.
Senator WADDELL explained the amendment.
On motion of Senator PASSAILAIGUE, the amendment was withdrawn.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Concurrent Resolution was adopted, ordered sent to the House.
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.
On motion of Senator MITCHELL, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
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.
Senators GIESE, WILSON, and ROSE proposed the following amendment (RES514.1), which was tabled:
Amend the bill, as and if amended, by inserting after the period on line 4, page 2:
/If the regular annual session of the General Assembly extends beyond the first Thursday in June pursuant to this subsection, a member of the General Assembly may be reimbursed only for mileage and subsistence expenses actually incurred not to exceed seventy-nine dollars per day on the additional legislative days. No member may be reimbursed for actual expenses unless he submits appropriate documentation of those expenses to the clerk of his respective house./
Amend title and renumber sections to conform.
Senator GIESE argued in favor of the adoption of the amendment.
Senator HOLLAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MACAULAY argued contra to the third reading of the Bill and Senators WILLIAMS and McCONNELL argued in favor.
Senator SHEALY spoke on the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 36; Nays 4
Bryan Courson Fielding
Giese Gilbert Hayes
Helmly Hinds Hinson
Holland Land Leatherman
Lourie Martin Martschink
Matthews McConnell McGill
Mitchell *Moore O'Dell
Passailaigue Patterson Peeler
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Waddell Washington Williams
Macaulay Pope Thomas
Wilson
*This Senator was not present in the chamber at the time the vote was taken and the vote was recorded by leave of the Senate with unanimous consent.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
Today's decisive, bipartisan action on the part of the Senate in approving S. 514 demonstrates this body's commitment to a full, fair, and open debate on reapportionment. S. 514 was introduced early in the session by the members of the Senate Judiciary Subcommittee on Reapportionment so that the General Assembly could begin to plan for a process that would maximize public input and productive legislative debate.
Earlier statements made by a very limited number of Senators that "extend[ing] the date [of sine die adjournment] now signals the issue may be subject to procrastination and obfuscation leading to confusion and protracted and costly legal maneuvers" are not only wrong, but are counter-productive. While it may be attractive to some to sit on the sidelines and naysay a valid, constructive proposal, an overwhelming majority of this body realized, and has shown today, that the real aim of this General Assembly should be to get about the business of reapportionment. Our task is to proceed in a timely fashion, keeping in mind the fact that the time frame within which we pursue such matters will often be subject to change by circumstances and requirements beyond the control of this General Assembly.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
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 third reading of the Bill.
Senator ROSE proposed the following amendment (RES120.2), which was withdrawn:
Amend the bill, as and if amended, SECTION 2, page 3, line 31 by inserting after the word /employee/ the following:
/or volunteer/.
Amend further, SECTION 2, page 3, line 32 by inserting after the word /employment/ the following:
/or voluntary activity/.
Amend title to conform.
On motion of Senator ROSE, with unanimous consent, the amendment was withdrawn.
Senator ROSE proposed the following amendment (JUD120.2), which was adopted:
Amend the bill, as and if amended, page 3, line 31, in Section 33-55210(A), as contained in SECTION 2, by inserting /or volunteer/ after /employee/ .
Amend the bill further, as and if amended, page 3, line 32, in Section 33-55-210(A), as contained in SECTION 2, by inserting /or volunteer responsibilities/ after /employment/ .
Amend the bill further, as and ff amended, page 3, line 41, in Section 33-55-210(A), as contained in SECTION 2, by inserting /or volunteer/ after /employee/ .
Amend the bill further, as and if amended, page 3, line 44, in Section 33-55-210(A), as contained in SECTION 2, by inserting /or volunteer/ after /employee/ .
Amend the bill further, as and ff amended, page 4, on line 2, in Section 33-56-210(A), as contained in SECTION 2, by inserting /or volunteer/ after /employee/ .
Amend the bill further, as and if amended, page 4, line 4, in Section 33-55-210(A), as contained in SECTION 2, by inserting /or volunteer/ after /employee/ .
Amend the bill further, as and if amended, page 4, line 6, in Section 33-55-210(A),as contained in SECTION 2, by inserting /or volunteer/ after /employee/ .
Amend the bill further, as and if amended, page 4, line 9, in Section 33-55-210(A), as contained in SECTION 2, by inserting /or volunteer/ after /employee/ .
Amend the bill further, as and if amended, page 4, line 12, in
Section 33-55-210(A), as contained in SECTION 2, by inserting /or volunteer/ after /employee/.
Amend the bill further, as and if amended, page 4, line 13, in Section 33-55-210(A), as contained in SECTION 2, by inserting /or volunteer/ after /employee/.
Amend title to conform.
Senator ROSE explained the amendment.
The amendment was adopted.
Senator MARTSCHINK proposed the following amendment (RES120.3), which was tabled:
Amend the bill, as and if amended, page 3, beginning on line 43, by striking:
/unless it is alleged and proved in the action that the employee
acted in a reckless, wilful, or grossly negligent manner, and in such that case, the employee must be properly joined properly as a party defendant/.
and inserting the following in lieu thereof:
/unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and in such case, the employee must be properly joined as a party defendant/.
Amend the bill further, as and if amended, page 4, line 4, by inserting before the word /an/ the words /a volunteer or/.
Amend the bill further, as and if amended, page 4, line 5, after the word /returned/, by striking /unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner/.
and inserting the following in lieu thereof:
/unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner/.
Renumber sections and amend title to conform.
Senator MACAULAY argued in favor of the adoption of the amendment.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 19; Nays 18
Bryan Fielding Hayes
Helmly Hinds Holland
Land Lourie Matthews
Mitchell Patterson Pope
Reese Rose Russell
Saleeby Setzler Stilwell
Waddell
Courson Giese Gilbert
Hinson Leatherman Macaulay
Martschink McConnell McGill
O'Dell Passailaigue Peeler
Shealy Smith, J. V. Smith, N. W.
Thomas Washington Wilson
The amendment was laid on the table.
I voted against the amendment (RES120.3) because it would give absolute and total immunity to a volunteer for actions committed in a "reckless, willful, or grossly negligent manner." [Emphasis added.] It is not fair or in the public interest for anyone to be able to willfully commit harm and not have to pay the consequences of those willful acts. I do not believe that people will be discouraged from becoming a volunteer because they are liable for their "willful", or "reckless" and "grossly negligent" acts. Most people expect to be accountable for their willful acts. People who are harmed by another willfully, recklessly, or with gross negligence deserve to be compensated for the actual damages they have suffered by whomever committed the harm willfully, recklessly, or with gross negligence.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
On motion of Senator LOURIE, with unanimous consent, the Senate agreed that when the Senate adjourned on Wednesday, January 30, 1991, that it stand adjourned to meet on Thursday, January 31, 1991, at 11:45 A.M.
MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. A. Barron Holmes, III, of Charleston.
At 4:34 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 2:30 P.M.
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