Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, the story of the Good Samaritan has many lessons to teach us modern people. Hear St. Luke (10:36-37):
"Which of these three do you think was
a neighbor to the man who fell into the
hands of robbers?
The expert in the law replied,
`The one who had mercy on him.'
Jesus told him, "Go and do likewise."
Let us pray.
Lord, God of our streets and villages: Help us to understand that the secret of being a good neighbor is seeing the real need of people and being willing to do something about it.
The good church-people in the story of the Good Samaritan were so concerned about their own affairs that they really had no zeal for the man who really needed a friend.
Help us, as we seek to serve here, to hear not only the requests of those who come here asking us to help them, but also may we be in touch, and in tune, with the needs of people who cannot send a representative to provide us with information about their needs.
May we remember even the least in the kingdom... in the spirit of Jesus.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator HINDS introduced Dr. Gerald Harmon of Georgetown, S.C., Doctor of the Day.
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
Columbia, S.C., March 20, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 781 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. JOSEPH P. (JOE) BARNETT, LONGTIME EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, FOR HIS INVALUABLE SERVICE DURING A DISTINGUISHED CAREER ON THE OCCASION OF HIS RETIREMENT AND EXTENDING TO HIM BEST WISHES, HEALTH, AND HAPPINESS IN THE FUTURE.
Returned with concurrence.
Received as information.
S. 782 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF PAUL E. MORGAN, JR., OF CHEROKEE COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
The following were introduced:
S. 790 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO SUPPORT THE UNITED NATIONS "CONVENTION ON THE RIGHTS OF THE CHILD" AND TO REQUEST AGENCIES PROVIDING SERVICES TO CHILDREN TO AIM TO ACHIEVE THE GOALS OF THE CONVENTION.
Whereas, children have inalienable human rights such as the right to food, shelter, health care, education, protection from abuse, and the right to develop in a safe environment free from discrimination; and
Whereas, children in the United States and throughout the world face a variety of crises that threaten their proper development; and
Whereas, children remain the subject of abuse, neglect, and exploitation; and
Whereas, there is insufficient support for the maintenance of caring and nurturing families; and
Whereas, it is the duty of government to ensure that children receive the level of support necessary for the realization of these rights; and
Whereas, on November 20, 1989, the United Nations General Assembly voted to adopt a new international treaty for the protection of children; and
Whereas, the "Convention on the Rights of the Child" details the civil and political rights of children, as well as social, economic, and cultural rights; and
Whereas, setting basic rights for children as whole persons requires rethinking programs for families and children. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina affirms its support for the "Convention on the Rights of the Child", as adopted by the United Nations General Assembly on November 20, 1989, and calls on all agencies in South Carolina, especially those concerned with the housing, nutrition, education, protection, medical care, recreation, and economic opportunity for children, to ensure that even in increasingly difficult economic times their programs aim to achieve the goals of the "Convention on the Rights of the Child".
Be it further resolved that a copy of this resolution be published in the next issue of the State Register.
Referred to the Committee on Medical Affairs.
S. 791 -- Senator Drummond: A BILL TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24, BY ADDING SECTION 24-21-221, SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND 24-21-930, RELATING TO PAROLE ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210 AND TO PROVIDE THAT A PARDON DOES NOT EXPUNGE A RECORD OF CONVICTION; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14, RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.
Read the first time and referred to the Committee on Corrections and Penology.
S. 792 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-120 SO AS TO PROVIDE FOR PARENTS TO ATTEND A SCHOOL DISTRICT CONFERENCE TO PRESENT A PLAN TO ASSIST THEIR CHILD IN ACHIEVING THE MINIMUM STANDARDS FOR READINESS ON THE BASIC SKILLS EXAM AND TO PROVIDE PENALTIES FOR FAILURE TO ATTEND.
Read the first time and referred to the Committee on Education.
S. 793 -- Senators Washington and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Senator WASHINGTON asked unanimous consent to make a motion that the Bill be placed on the calendar without reference.
Senator MARTSCHINK objected.
Read the first time and referred to the Committee on Finance.
S. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 795 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-1-17 SO AS TO PROVIDE A PROCEDURE FOR SELECTING A CHIEF MAGISTRATE FOR ADMINISTRATIVE DUTIES FOR EACH COUNTY AND ONE OR MORE ASSOCIATE CHIEF MAGISTRATES.
Read the first time and referred to the Committee on Judiciary.
S. 796 -- Senator Gilbert: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS IN WHICH MEDICAL SUPPLIES AND TREATMENT MUST BE FURNISHED UNDER WORKERS' COMPENSATION LAWS, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED AND THE CONDITIONS OF AND PROCEDURES FOR FURNISHING TREATMENT, TO DELETE THE BAN TO COMPENSATION WHEN AN EMPLOYEE REFUSES TREATMENT, TO DEFINE CERTAIN TREATMENT TERMS TO INCLUDE CHIROPRACTIC CARE; AND TO AMEND SECTION 42-15-70, RELATING TO AN EMPLOYER'S LIABILITY FOR TREATMENT AND THE EFFECT OF MALPRACTICE, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR CHARGES AND TO REQUIRE APPROVAL OF TREATMENT OF A HEALTH CARE PROVIDER SELECTED BY AN EMPLOYEE BEFORE AN EMPLOYER IS LIABLE FOR THE CHARGES.
Read the first time and referred to the Committee on Medical Affairs.
S. 797 -- Senator Martin: A BILL TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 798 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY VETERANS AFFAIRS OFFICER MUST BE APPOINTED IN THE MANNER PROVIDED IN SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO REPEAL ACT 16 OF 1973 AND ALL OTHER ACTS PROVIDING FOR THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 799 -- Senators McConnell, Passailaigue, Fielding, Helmly, Rose, Martschink, O'Dell, Land, Williams, Pope and Washington: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.
Read the first time and referred to the Committee on Education.
H. 3317 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3318 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3319 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3385 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.
Read the first time and referred to the Committee on Transportation.
H. 3619 -- Reps. J. Harris, Baxley, Burch, Neilson and Beasley: A BILL TO AMEND SECTION 48-23-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME FROM THE SANDHILLS STATE FOREST AND CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE, SO AS TO DELETE THE REFERENCE TO CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE AND FEDERAL AND COUNTY REFERENCES AND PROVIDE FOR BUDGET AND CONTROL BOARD APPROVAL, FOR USE OF THE INCOME, AND FOR THE INCOME TO BE CARRIED FORWARD.
Read the first time and referred to the Committee on Finance.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 85 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-200 SO AS TO PROHIBIT THE SOLICITING OR CAMPAIGNING FOR VOTES WITHIN TWO HUNDRED FEET OF THE BUILDING IN WHICH A POLLING PLACE IS LOCATED AND PROVIDE FOR THE REMOVAL OF PERSONS VIOLATING THIS PROHIBITION.
Ordered for consideration tomorrow.
Senator LONG, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 221 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ADDITIONAL COMMITTEE MEMBERS WHEN MEMBERS OF THE JUDICIARY ARE ELECTED.
Ordered for consideration tomorrow.
Senator LONG, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 289 -- Senators Hinds and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1515 SO AS TO REQUIRE THE COURT OR, IF THE JUDGE IS NOT IMMEDIATELY AVAILABLE, THE CLERK OF COURT, UPON PRESENTATION OF A VERIFIED PETITION, TO ISSUE A RULE TO SHOW CAUSE CONCERNING THE VIOLATION OF A FAMILY COURT ORDER.
Ordered for consideration tomorrow.
Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:
S. 290 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 410 -- Senator Saleeby: A BILL TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" AN EMPLOYEE OF AN AGENCY AUTHORIZED TO RECEIVE FUNDS AS AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY PURSUANT TO SECTION 61-5-320 OF THE 1976 CODE, AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY DESIGNATED PURSUANT TO THE SAME SECTION.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendment report on:
H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.
Ordered for consideration tomorrow.
Senator LONG, from the Committee on Judiciary, submitted a favorable with amendment report on:
H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: 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.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 3616 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROBERT S. TURNER OF GEORGIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 27, 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. 3674 -- Rep. McCain: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MARCH, 1991, AS NATIONAL NUTRITION MONTH IN SOUTH CAROLINA.
On motion of Senator NELL W. SMITH, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
On motion of Senator NELL W. SMITH, the Concurrent Resolution was adopted, ordered returned to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:
S. 704 -- Banking and Insurance Committee: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.
(By prior motion of Senator SALEEBY, with unanimous consent)
S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND proposed the following amendment (BR1\1397.BD), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The first paragraph of Section 16-3-1530(C) of the 1976 Code is amended to read:
"Victims and witnesses who wish to receive notification and information must shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Community Corrections Pardon Services their current address and telephone number. This information is privileged and must not be disclosed, directly or indirectly, except by order of a court of competent jurisdiction. However, the information may be disclosed to an attorney without a court order as it relates to the representation of his client. The solicitor's office which is prosecuting the case shall have has the responsibility of the rights listed in this subsection, except items (6) and (7) which are the responsibility of both the Department of Probation, Parole and Community Corrections Pardon Services and the Department of Corrections."/
Amend title to conform.
Senator LAND explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
Senator HOLLAND, with unanimous consent, was granted leave to address the body with brief remarks regarding the work of the Subcommittee on Reapportionment.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
Senator FIELDING asked unanimous consent to make a motion that the Bill be carried over.
Senator LEATHERMAN objected.
Senator LEATHERMAN spoke on the Bill.
Debate was interrupted by recess, Senator LEATHERMAN retaining the floor.
At 12:05 P.M., on motion of Senator LOURIE, the Senate receded from business for the purpose of attending the Joint Assembly.
At Twelve O'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the Concurrent Resolution:
S. 743 -- Senators Holland, Hayes, Long and Patterson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.
The PRESIDENT announced that nominations were in order for a position on the Public Service Commission from the Sixth Congressional District.
Senator HOLLAND, on behalf of the Screening Committee, nominated Mr. Warren D. Arthur, IV of Hartsville, S.C., and Mr. Erick B. Ficken of Myrtle Beach, S.C.
Rep. Baxley seconded the nomination of Mr. Arthur.
Senator LONG seconded the nomination of Mr. Ficken.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Arthur:
Courson Fielding Giese
Gilbert Hinson Holland
Land Leatherman Lourie
Martin Martschink McConnell
McGill Mitchell Mullinax
O'Dell Patterson Peeler
Pope Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Stilwell Williams
Wilson
The following named Senators voted for Mr. Ficken:
Bryan Drummond Hinds
Long Macaulay Moore
Passailaigue Reese Smith, N.W.
Waddell
The following Senator abstained from voting:
Helmly
On motion of Rep. Baxley, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Arthur:
Alexander, M.O. Alexander, T.C. Bailey, J.
Bailey, K. Baker Barber
Baxley Beasley Beatty
Bennett Boan Brown, G.
Brown, H. Brown, J. Burch
Carnell Cato Chamblee
Clyborne Cole Cooper
Corning Elliott, L. Fair
Farr Felder Foster
Fulmer Gentry Glover
Gonzales Hallman Harris, J.
Harris, P. Harwell Haskins
Hayes Hendricks Hodges
Holt Houck Johnson, J.C.
Johnson, J.W. Keesley Kempe
Kinon Kirsh Koon
Littlejohn Manly Marchbanks
Martin, D. Martin, L. Mattos
McCain McCraw McElveen
McKay McLeod Meacham
Neilson Nettles Phillips
Quinn Rama Rhoad
Ross Rudnick Scott
Sheheen Shirley Snow
Stoddard Sturkie Townsend
Tucker Vaughn Waldrop
Wells Whipper White
Wilder Wilkins Wofford
Wright Young, A. Young, R.
The following named Representatives voted for Mr. Ficken:
Altman Corbett Cork
Elliott, D. Gregory Keegan
Keyserling Klapman McAbee
McTeer Rogers Smith
Waites Wilkes
The following named Representative abstained from voting:
Huff
Total Number of Senators voting 38
Total Number of Representatives voting 101
Grand Total 139
Necessary to a choice 70
Of which Mr. Arthur received 115
Of which Mr. Ficken received 24
Whereupon, the PRESIDENT announced that the Honorable Warren D. Arthur, IV was duly elected to the Public Service Commission from the Sixth Congressional District for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:30 P.M., the Senate resumed.
Senator LOURIE moved that when the Senate adjourns it stand adjourned to meet tomorrow at 10:45 A.M., which motion was adopted.
At 12:35 P.M., on motion of Senator LOURIE, the Senate adjourned to meet tomorrow at 10:45 A.M.
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