Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:45 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear the word from the last book of the Bible... Revelation 17:14:

"These shall make war with the Lamb, and the Lamb shall overcome them: For He is Lord of Lords, and King of Kings: and they that are with him are called, and chosen, and faithful."
Let us pray.

Almighty God, King of Kings and Lord of the universe, from whom all power and rulership proceeds, we beseech Thee to look with favor upon our President, George, our Congress, our armed forces at every level.

Give them wisdom and the power of truth; and so rule their hearts and bless their endeavors that law and order, justice and peace may everywhere prevail.

We pray for our age in the words of Samuel Longfellow, as he prayed for his age (1819-1892):

"Holy Spirit, truth divine, dawn upon this soul of mine:

Word of God and insward light, wake my spirit, clear my sight."

Amen.

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

January 30, 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.

Appointment, Board of Health and Environmental Control, At-Large, with term to expire June 30, 1993:

Mr. Robert J. Stripling, Jr., President, Phillips Fibers Corporation, Post Office Box 66, Greenville, S.C. 29602 VICE Currie B. Spivey, Jr.

Referred to the Committee on Medical Affairs.

Appointment, State Board of Financial Institutions, Initial Appointment-Licensed Consumer Finance/Restricted Lender, with term to expire June 30, 1994:

Mr. Derial L. Ogburn, 21 Carriage Lane, Lugoff, S.C. 29078

Referred to the Committee on Banking and Insurance.

January 24, 1991
Senator Tom Moore
Chairman, Senate Invitation Committee
Suite 402, Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

Due to a conflict with your State of the State Address, the Legislative Reception planned for Wednesday, January 30, 1991, from 6:00 P.M. to 8:00 P.M. at the Capital City Club has been canceled.

The reception has been rescheduled for Wednesday, March 27, 1991, from 6:00 P.M. to 8:00 P.M. at the Capital City Club. The South Carolina Association for Counseling and Development and the South Carolina Association for Marital and Family Therapy apologize for any inconvenience this may have caused you. Please call me at 935-6447 if you need any additional information.

Sincerely,
Robert S. Allen, Ph.D.
Legislative Chairperson
South Carolina Association for
Counseling and Development

Referred to the Committee on Invitations.

January 28, 1991
The Honorable Thomas L. Moore
Chairman
Senate Invitations Committee
Post Office Box 142
Columbia, S.C. 29202

Dear Senator Moore:

As Executive Director of the South Carolina Victim Assistance Network, I would like to extend a personal invitation to all South Carolina Senators to attend the annual Legislator's Breakfast as part of the national week-long observance of Victim Rights Week. I am confirming the Legislator's Breakfast on Thursday, April 25th, 8:30 A.M., at the Town House Hotel.

The breakfast is being co-sponsored by the following organizations: The South Carolina Victim Assistance Network (SCVAN), The South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA), Mothers Against Drunk Drivers (MADD), Adam Walsh Child Resource Center (AWCRC), and The State Office of Victim Assistance (SOVA).

In 1988 we had twenty-four members of the General Assembly present, in 1989 fifty-two members attended, and in 1990 one hundred twenty-three attended. We look forward to adding more to that number in 1991 and ask for your support and assistance in this matter.

We look forward to meeting our Senators at this time.

Sincerely,
Sherie M. Carney
SCVAN Executive Director

Referred to the Committee on Invitations.

January 24, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

The South Carolina Petroleum Council and its member companies are pleased to extend an invitation to the members of the South Carolina General Assembly to attend a reception at the Capital City Club from 6:00 to 8:00 P.M. on April 23, 1991.

We respectfully request that this be recorded on the Senate calendar, and look forward to seeing you then.

Cordially,
William F. Ross
Executive Director

Referred to the Committee on Invitations.

TO: Senator Thomas L. Moore, Chairman

Senate Invitations Committee
THRU: LaNelle C. DuRant, Deputy Director

South Carolina Developmental Disabilities Council

Office of the Governor
FROM: Gabriella Robinson, Planner II

South Carolina Developmental Disabilities Council

Office of the Governor
RE: Legislative Awareness Activity
DATE: January 29, 1991

The members of the South Carolina Developmental Disabilities Council, Office of the Governor will sponsor a Legislative Awareness Activity on Wednesday, February 20, 1991, from 9:00 A.M. until 3:00 P.M. in the First Floor Lobby of the State House. Refreshments will be served.

The Legislative Awareness Activity is an annual event which informs the legislators of the needs of persons with developmental disabilities. Persons who have a developmental disability, their families and local agencies have also been invited to participate in this event. Please include this event in the Calendar of the Senate. I will send the invitations for the Senators to your office at a later date. If you need further information, I may be reached at 734-0382.

Referred to the Committee on Invitations.

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.

The Joint Resolution was returned to the Senate having been ruled out of order by the Speaker as violative of Section 15 of Article 3 of the South Carolina Constitution.

Senator WADDELL spoke on the Joint Resolution.

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.

On motion of Senator SETZLER, Senator MOORE was granted a leave of absence for today.

Senator GILBERT rose to a Point of Personal Privilege.

The following were introduced:

S. 569 -- Senator Drummond: A BILL TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.

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

S. 570 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.

Read the first time and referred to the General Committee.

S. 571 -- Senator Drummond: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

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

S. 572 -- Senator Drummond: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.

Read the first time and referred to the General Committee.

S. 573 -- Senators Passailaigue and McConnell: A BILL TO AMEND SECTION 57-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL AUDIT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO REQUIRE THE STATE AUDITOR TO DESIGNATE AN ACCOUNTANT OR FIRM TO AUDIT THE DEPARTMENT AND TO PROVIDE FOR THE PROCEDURE TO SELECT THE ACCOUNTANT OR FIRM.

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

S. 574 -- Senators McGill and Hinds: A BILL TO AMEND ARTICLE 12, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2415, SO AS TO PERMIT RUBBER PADDED STEEL FOOT-HOLD TRAPS TO BE USED IN GAME ZONE 9 TO CAPTURE FOX.

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

On motion of Senator McGILL, with unanimous consent, S. 574 was ordered to receive a second and third reading on the next two consecutive legislative days.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

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.

(By prior motion of Senator HOLLAND, with unanimous consent)

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

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.

(By prior motion of Senator WADDELL, with unanimous consent)

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.

On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator HOLLAND, the amendment proposed by the Committee on Judiciary was carried over.

On motion of Senator HOLLAND, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

Senator McCONNELL desired to be recorded as voting against the second reading of the Bill.

On motion of Senator HOLLAND, the Bill was placed in the status of Interrupted Debate.

Senator WILLIAMS moved that when the Senate adjourns it stand adjourned to meet tomorrow at 11:00 A.M., for local and uncontested matters, and that when the Senate adjourns on Friday, that it stand adjourned to meet on Tuesday, February 5, 1991, at 12:00 Noon, which motion was adopted.

At 12:05 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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