South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Thursday, January 16, 1992

(Statewide Session)

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, it is said that one of the sayings of Jesus not recorded in the Gospels goes like this:

"Wherever there are two, they are not without God.

And wherever there is one alone, I say I am with Him.

Raise the stone, and thou shalt find me;

Cleave the wood and there I am."
Let us pray.

O thou Infinite and Eternal Lord, we know that in our Invocation we do not invite Thee to come to this place... because You are already here... to bless... or to judge.

Of a truth, Alfred Tennyson wrote well when he said Thou art "closer to us than breathing, and nearer than hands and feet."

So, in our prayer we pray that You will make us aware... and... conscious... of Your presence.

Help us to think... reverently!

Help us to act... responsibly!

Good Master, help us so to labor that at the end of the day... or at the end of life... we shall answer not so much to the voters who sent us here, but to Thee whose we are and whom, really, we serve! Amen.

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

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

January 15, 1992
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.

Statewide Appointments

Reappointment, Member, Board of Examiners for Nursing Home & Community Residential Care Facility Administrators, with term to expire December 31, 1995:

Residential Care Administrator-10 beds or less:

Mrs. Catherine H. Beard, Beard's Residential Care, 123 North Warren Street, Timmonsville, South Carolina 29161

Referred to the Committee on Medical Affairs.

Reappointment, Member, Jobs Economic Development Authority, with term to expire July 27, 1995:

At-Large:

Mr. Robert L. Mobley, 1003 Chesterfield Avenue, Lancaster, South Carolina 29720

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Member, Appraiser, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1995:

Mr. Robert O. Lighthart, Jr., Post Office Box 32, Charleston, South Carolina 29402

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Member, S.C. Grange, South Carolina Tobacco Advisory Commission, with term to expire September 15, 1993:

Mr. Rogers L. Hammond, Route 2, Box 565, Nichols, South Carolina 29581

Referred to the Committee on Agriculture and Natural Resources.

Appointment, Member, Architect, State Fire Marshal Board of Appeals, with term to expire September 6, 1995:

Mrs. Gretchen M. Johnson, McKellar & Associates Architects, Inc., Post Office Box 1076, Mt. Pleasant, South Carolina 29465

Referred to the General Committee.

Reappointment, Member, Dealer, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1996:

Mr. James E. Wasson, A.B.C. Hearing Aid Center, 6 Wood Thrush, Hilton Head Island, South Carolina 29926

Referred to the Committee on Medical Affairs.

Reappointment, Member, Prisoner of War Commission, with term to expire July 1, 1996:

Chairman/At-Large:

Mr. Thomas Whitfield Dunaway, Jr., 106 Carter Oak Ridge, Anderson, South Carolina 29621

Referred to the General Committee.

COMMUNICATION

November 18, 1991
Lieutenant Governor Nick Theodore
President, South Carolina Senate
Columbia, South Carolina 29202

Dear Lt. Governor Theodore:

It is with mixed emotions that I have made the decision to resign from the South Carolina Senate effective January 16, 1992.

Sincerely,
James M. Waddell, Jr.
Senatorial District 46

Remarks By Senator JAMES M. WADDELL, JR.

I told Reverend Meetze that I was going to use some of his material in my talk today and I would like to start off by quoting II Timothy 4:7 -- I've fought a good fight, I have finished the course, and I've kept the faith. I hope that each one of you will realize that.

Oh, by the way for the benefit of the press, this rose did not come from the State House grounds but from a florist. It was given to me by my staff. And they have the receipt.

You know I have been in this body with the exception of Senator WILLIAMS (and Senator MARTIN's right behind me close), longer than anyone else in this Chamber. You don't know what evolution has occurred. The press used to sit right where I'm standing. The Senate Finance Committee met in our Cloak Room with Senator BROWN all those years at the head of the table. And as somebody the other day mentioned we seated by seniority down the sides of the table. Senate Finance Committee had one, maybe two, staff members then. And I'll never forget the day we were in there discussing something and Senator "Son" RODDEY, used to sit right where the Senator from Sumter is, raised his hand and and said, "Mr. Chairman." And Edgar looked down at him and Senator RODDEY said, "Well, I'd like to say something." He said, "Well, Senator, we're delighted you visit with us, but unless you're a member of the Committee, you can't say anything." And Senator RODDEY said, "Well, Senator, I am a member of the Committee." It never did filter down to Son at the end of the table was the problem.

I've had some great times here. I think probably one of the most embarrassing times was during the reapportionment filabuster and John West was Presiding Officer. It snowed that night. And the Senator from Georgetown, Senator GRIMES, and I went out to get something to eat and so on the way in, I made up a couple of snowballs and I was going to give John West a little welcome as we came through the door. I mean those were joyous times back then, you know. And, so I walked in the door and I threw the first snowball and it hit the microphone. The second one hit John C. Calhoun right in the face. NBC was down here, we were in that lengthy filibuster, and they wanted to get a film of it so I got off the elevator and I heard the lead reporter for NBC with the television crew say, "Where is the Senator that threw the snowball last night? That's who we want to interview." I turned right around and got on the elevator and went right back down -- we didn't have offices then -- but I just went down.

But, those are the kind of things that mean something to you over the years. I've served with some of the finest people that this State has ever produced. I am serving with those people. I respect you and even though we may differ, and we may have our differences of opinion, I think over the years this body has acted very judiciously and in the welfare of the people of the State. You know, we've been through this series of everybody's power failure. You want me to tell you where a power failure is? Power failure was 1865.

When this State was destitute, $6 billion in capital removed from the South. No manufacturing. Homes ruined. Cities burned. You know, when you start talking about "what are we going to do," sometimes I wish some of these people would go back and reflect on what we have done. How far have we come in 125 years? I think that's important. How far have we come in the 36 years that I have been up here? When I came to the House, the State budget was $254 million. So, we had maybe four or five post high schools. We had the College of South Carolina, it wasn't the University of South Carolina. We had S.C. State. We had the Citadel. We had Winthrop. And we had three area trade schools. And that was all of the post high school education. Now, there's not a citizen of this State that is not within twenty-five miles of a place to get post high school education.

So, think about where we had come from. The first infusion of hard money to this State and to the South was World War II when they started in 1940 building the military bases. We didn't have any manufacturing, well, we had the textile industry that came down from New England. And they were able to get labor because there was nothing to do and people were anxious to get jobs. But, we did not have any manufacturing in the South to speak of. The reason -- there was no market. The people didn't have any money. That was the problem. You don't build a factory in the desert and ship it 500 miles to sell it. So, in 1940, with the first infusion of hard dollars to the South, we started to recover. So, you might cut that time down to the last fifty years, where have we come from? And I hope that you remember that in your deliberations. I hope that you will remember, not many of you in here, maybe I see one, or two, three, four, remember the depression.

I remember the day the banks closed. We had in our household $9.62 and my father was in Chattanooga, Tennessee, with no way to get home. And my father was working for Jefferson Standard Life and Mr. Price, who was President, wired him money to get a ticket to get home, called my mother, and sent out $100. We think we've seen hard times? Cotton -- nickel a pound. And, so, look back where you came from. Look back and see what you have done. I think that is the most important thing that I can leave with you all. Oh, I could go on with everything else, but to me, don't let these people tell you that you haven't done anything. You have.

The Lt. Governor and I were serving here and he and I were the sponsors and the pushers of the EFA. We have been on every major piece of legislation, I think, in the last, well, whatever it is, 30 years, 31 years. And we have come a long way. And I'm proud of what y'all did last year as far as the finances of this State. We are one of the few states that has survived this recession. It isn't a depression yet. You've got to go a lot further if you want to find a depression. So, it's a recession.

But, I'm proud of your support for myself, the Finance Committee, in what we have done during these hard times. You've got hard times in front of you, but hard times are nothing new to any of you. We've had hard times before and I hear the doomsday people saying, "Oh, you are going to be terrible; you're going to be in a lot of trouble." This body has shown judgment and this body has kept this State solvent, triple-A credit rating. The Treasurer told us in the Budget and Control Board the other day that he's refinancing bonds that we have issued that will save $6 million over the life of those bonds. But, we are sound and we are solid. Yes, we're going to have to make some sacrifices. But, all of us do. But, I'm not going to lecture. I think I've done that on this podium before. And I just want to thank each and every one of you and thank all of you, those that are up on the walls that I've served with, and it's been a pleasure. I've enjoyed it. I really have. But times change. Districts change. People change. And so, the only thing that's permanent, if you will remember this, is change. There's nothing else permanent but that. So, when the Governor called me in and said, "Jim, would you consider an appointment to the Tax Commission? I'm going to have a vacancy." It took me about 30 seconds. I said, "Lord, thank you." I said, "Yes, Governor, I will."

I think the Good Lord was really smiling on me because really I've reached the age that I didn't want to go through another hard campaign. I had done most of the, I have accomplished many, many of the things that I set out to do with your help. So, it was an opportune time for me to leave. I hate leaving. I'll miss you as I wrote many of you. And I'm going to miss this body. I'm going to miss the fellowship, the friendship. I'm going to miss the staff of the Senate. I want to take a minute for that. And I don't mean just the Clerk. I mean every single one that works on the staff of this Senate. I want to again say "hooray" for our Clerk. I don't know what I'd have done without him. He's helped me through some hard times and he might have to help me some more. I'm not going to be far down the street. I'm just down there by the river. I'm going to have to get used to it. I have a cubicle as the Tax Commissioner. And, I have to wear a badge when I go in the door even if I am a commissioner. I just took it off so I could come up here. I've been down there this morning. And, it's all a different ballgame. It's really going to be interesting. I'm going to be a state employee. Y'all can fuss at me. It's going to be interesting to sit on the other side of the table and say, "Why in the heck did they do what they did? How do they expect us to collect this?" It really is. It's going to be a great experience. I think probably the hardest day of my life in the 36 years that I've served up here, or 35, you know I grew up during the Depression and I was so bad in high school that I was sent away to one of those places called a school for privileged juvenile delinquents -- military school --I went from the military school to the Citadel, went straight out of the Citadel to the Army, and then I went back and got my degree in Civil Engineering and got out in the real world. So when I ran for office in 1954 and was elected, I sat up in the House Chamber over there; I used to sit on the back row. They choose, but I was back there right against the rail where you could eat peanuts and they had people back there and there used to be a lady back there that used to get on me every single day about retirement. And she was retired and she didn't have anything else to do but come down there and bug Wilton Graves and me and sit right behind us every day. And so, the thing that was the hardest thing that I ever had to face was the day we got in the first debate over there. And I heard learned people and respected people argue both sides of an issue. I'd been in the Army. There is nothing but right and wrong. I mean, there is no grey area. There is nothing. You've got a book and the book tells you exactly what you've got to do. But, can you imagine how this young man had to struggle when he heard somebody argue contra to the other fellow? It was the hardest thing I had to do was to cast that first roll call vote. Because I had never been put in a situation that had exposed me to that.

So, it was a great experience. I owe the people of my district a heck of a lot. That for these many years since 1954, they have seen to send me up here. I appreciate that. Probably more than anything else -- the confidence that they had in me. And I hope that I can do the same for them in the new career I'm going into. And I've gotten all my bug letters from the former Chairman -- when you all write me about a job, I've got the standard answers set up -- they gave them to me this morning, or the procedure down there. And we're losing a good Chairman.

But, I don't leave here with any regrets. I don't leave here with anything that bothers my soul. I sleep at night. I have learned to leave this Chamber and leave behind what bothers you most of the time. It's hard at times. But, I want to end with one thing that's hung behind my desk and I carry a little card in my pocket with this on it. I had it laminated. And it was a statement from Theodore Roosevelt and I wish you'd listen to it and heed it:

" It's not the critic who counts. Not the man who points out how the strong man stumbled, or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, who knows the great enthusiasms, the great devotions and spends himself in worthy causes, who, at least, knows in the end the triumph of high achievement and who, at worst, if he fails, at least fails while doing greatly. So that his place shall never be with those cold and timid souls who know neither victory nor defeat."

Thank you.

Senator WILLIAMS congratulated Senator WADDELL and extended the Senate's best wishes to him on his new position with the Tax Commission.

On motion of Senator MITCHELL, with unanimous consent, the remarks of Senator WADDELL were ordered printed in the Journal.

Doctor Of The Day

Senator McCONNELL introduced Dr. Bart Barone of Charleston, S.C., Doctor of the Day.

Point Of Privilege

Senator THOMAS rose to a Point of Privilege.

Point Of Personal Privilege

Senator LEVENTIS rose to a Point of Personal Privilege.

Remarks By Senator LEVENTIS

Senator from Orangeburg, I know you were involved in the Second World War, and Senator Waddell, and the Senator from Greenwood. It is worth remembering for many reasons.

This time last year I was in Riyadh, everyone was tense, but life seemed to go on as normal until the first attack. It was evening here. Everyone was watching the evening news. It was early in the morning there. I don't know if you are aware of it, but I was first notified the war had started when my wife called me from Sumter to tell me they were bombing the hell out of Baghdad. It was a shock. First, the most significant reality of war is that it is a failure. It is a failure of the diplomatic system to be successful. And the second thing that those of you who have been there have seen so vividly that it is an awful, awful place to be. I spent a couple of weeks in Riyadh and then went back down to our unit and started flying. The most stark recognition of the death and destruction of war that I saw was when I dropped two two-thousand pound bombs on people in the Republic Guard. And I emphasize people because you are not bombing a euphemism, you are bombing people. And when those bombs went of, I was looking over my shoulder as I was trying to go as fast as I could to get out of that area. I saw those two bombs go off. A jet-black core of smoke and a huge ball of flame came rolling out of those things, and I know that anybody standing within about one-half mile of that place would be dead, just from the concussion of those bombs going off. And I knew that anybody on the ground that could get a hold of me would be truly mad in a profound sense of the word. So I was anxious to be gone. I know Senator Drummond has experienced the terror of being prisoner of war. That was one thing I certainly did not want to do. And I know he didn't either. It is important for us to look back and remember that we expended a tremendous amount of effort, not only did people--our enemies, die, but we can't forget that some of our people did too. We were unscathed by and large. God blessed our unit. No one in our unit was harmed. But there were people from South Carolina who did not come back. There are plenty of people from our country who did not come back. And for each family it is a deep tragedy. That is true for us, and it is also true for those people in Iraq. And they still bear the disaster of having a leader who cares little or his people. Who would allow his people to endure the things that we had to do in order to maintain some sanity in this world. We had the insanity of war in order to maintain some sanity of stopping Hussein from continuing his quest. I, for one, came back and told you that God had truly blessed America. I feel that more today than I ever have. I don't think that my good friend, and the person who, probably more than anyone else, led the military, General Horner, has gotten the recognition that he deserves, but he is not a man that sought recognition. I think looking at my friends who have been there before me--that is certainly not why anyone went. Our President is embattled now over economic issues, but he did do a remarkable job of leading this country. I think, as I recall, one of the things that impressed me more than anything else--I heard it at my rotary club when I got home--was when General Horner said that President Bush's concern for life and limb was expressed for our troops--men and women of our side there--but he also expressed great concern about the impact that the war would have on the civilians in Iraq and in Kuwait. And, as I was thinking today about the experiences I had, I realized full well that war does not bring prosperity and it only brings a fragile peace. So, I'm praying now for those peace talks in the Middle East or a reality that won't require us to do this again. But, I also think very, very strongly that, as time dims our memory, that we'll be there again. When I say, `we', I mean the American people. I think we need to take care as we dismantle the military, not because it's so important to the economy but, it is because I think the experience over the next twenty years. When it's going to happen, where it's going to happen, I don't know. If I'd stood before you on the first of January 1990 and told you that I would be involved in those actions of so many brave men and women from our country and from the coalition countries in January 1991, I could never have told you that. Unfortunately, not even our CIA could have told us that. But it will happen again. And, we need to be aware of it. We need to continue to focus on the most effective military we can. We cannot spend all the money in the world on it. We've got social needs as well. But that includes the Guard and Reserve. And as a small part of the Guard and Reserve in this state, I can tell you, Senator WILSON, who's a member of Guard and Reserve, Senator ROBERT W. HAYES, JR., who is very familiar with these things and that you should be very proud of these men and women because the commitment is more real now than it ever has been before. And I fully expect our Guard and Reserve units to be called on every three to five years for this kind of circumstance. I certainly hope that God blesses us in the future as He has in the past. But, I wanted to tell you just one more time something that, again, is so much in the forefront if my mind--that having been there, I appreciate more than my heart can tell you how much you did for me and for all of us who were there. That's what was the catalyst that allowed us to be as effective as we were. You watched the war on television. We watched you on television and it lifted our spirits each and every day, each and every night, when times were difficult and when the demands were great. I would like to ask you to join me now in a moment of silent prayer in remembrance of those men and women who did not come back and in a prayer that I am wrong and we will never see this again. Please join me in a moment of silent prayer...

It is with joy and great happiness that I say, `God bless America.'
I thank each and every one of you for your support of us and that we have such a great country that we are free to do all those things that keep us free.

On motion of Senator MITCHELL, with unanimous consent, ordered printed in the Journal.

Message From The House

Columbia, S.C., January 16, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed local appointment:

Reappointment, Spartanburg County Master-in-Equity, with term to expire June 30, 1997:

Initial Appointment under Act 768 of 1988

Mr. Thomas J. DeZern, P.O. Box 882, Spartanburg, South Carolina 29304

Very respectfully,
Speaker Of The House

Received as information.

Message From The House

Columbia, S.C., January 15, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on H. 3651 by a vote of 0 to 95:
(R256) H. 3651 -- Ways and Means Committee: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND REVISE EXISTING BOND AUTHORIZATIONS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS IN THE AMOUNT OF TWELVE MILLION FIVE HUNDRED THOUSAND DOLLARS AUTHORIZED FOR A FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT, TO REQUIRE THE FIRE ACADEMY CONSTRUCTED PURSUANT TO THIS AUTHORIZATION TO CONTAIN THE OFFICES OF THE STATE FIRE MARSHAL, AND TO PROVIDE THAT THE SUBTOTALS AND TOTALS IN ACTS AUTHORIZING BONDED INDEBTEDNESS AMENDED BY THIS ACT ARE ADJUSTED TO REFLECT AMENDMENTS CONTAINED IN THIS ACT.
Very respectfully,
Speaker of the House

Received as information.

Message From The House

Columbia, S.C., January 16, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed local appointment:
Reappointment, Greenville County Master-in-Equity, with term to expire January 1, 1998:

Mr. Charles B. Simmons, Jr., 11 West Hillcrest Drive, Greenville, South Carolina 29304

Very respectfully,
Speaker Of The House

Received as information.

Remarks By The Chairman, Committee On Invitations

Senator COURSON, with unanimous consent, addressed the body regarding the work of the Committee on Invitations.

HOUSE CONCURRENCE

S. 1120 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. NORMAN L. "CEDERICK" SHULL OF LEXINGTON WHO DIED DURING THE LEGISLATIVE INTERIM.

Returned with concurrence.

Received as information.

S. 1121 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JOHN KERMIT ADDY, SR., OF LEXINGTON WHO DIED DURING THE LEGISLATIVE INTERIM.

Returned with concurrence.

Received as information.

S. 1122 -- Senators Mullinax, O'Dell and Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF THIS STATE'S MOST OUTSTANDING HEALTH CARE EXECUTIVES, D. KIRK OGLESBY, JR., ON HIS ELECTION AS CHAIRMAN OF THE BOARD OF TRUSTEES OF THE AMERICAN HOSPITAL ASSOCIATION.

Returned with concurrence.

Received as information.

S. 1123 -- Senators Drummond, Bryan, Carmichael, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JAMES M. (JIM) KIRBY FOR HIS DISTINGUISHED CAREER IN LAW ENFORCEMENT ON THE OCCASION OF HIS RETIREMENT AND EXTENDING TO HIM BEST WISHES FOR HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 1124 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: A CONCURRENT RESOLUTION TO COMMEND CITY OF CHARLESTON FIRE CHIEF WILMOT E. GUTHKE FOR HIS FORTY-THREE YEARS OF DISTINGUISHED SERVICE TO THE CHARLESTON FIRE DEPARTMENT AND FOR HIS TWENTY-FIVE YEARS OF SERVICE AS CHIEF UPON THE OCCASION OF HIS RETIREMENT.

Returned with concurrence.

Received as information.

S. 1127 -- Senator Pope: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 22, 1992, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3 OF THE FAMILY COURT WHOSE TERM EXPIRES JUNE 30, 1992; AND IMMEDIATELY FOLLOWING THIS ELECTION AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1992.

Returned with concurrence.

Received as information.

S. 1176 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MARVIN EARLE (CHIP) MABRY, II, OF CHEROKEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 1177 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING MRS. KATE DEATON OF CHEROKEE COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON FEBRUARY 27, 1992.

Returned with concurrence.

Received as information.

S. 1178 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF LOYE W. MAYFIELD, SR., OF CHEROKEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1184 -- Senators Nell W. Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO COMMISSIONER MICHAEL DOYLE JARRETT FOR HIS EXTRAORDINARY SERVICE AND DEDICATION TO THE STATE OF SOUTH CAROLINA.

Whereas, Michael Doyle Jarrett was named Commissioner of the South Carolina Department of Health and Environmental Control in 1986 after twelve years of public service with the agency; and

Whereas, he is admired for his contributions to the advancement of South Carolina's public health system and the protection of our state's environment; and

Whereas, as a state agency head, he has faced difficult decisions with courage and demonstrated unwavering commitment and dedication to duty; and

Whereas, through his efforts, a public health agenda has been established for the State which further defines and increases awareness of public health issues in South Carolina; and

Whereas, he has worked to improve the health status of our state's minority citizens; and

Whereas, he has set as a priority of his administration to ensure a healthy start in life to our state's youngest citizens through increased access to prenatal and pediatric care, greater funding for immunizations for children, and improved services to infants and toddlers with disabilities; and

Whereas, he has forged a partnership between the public health agency and private providers of prenatal, pediatric, and dental care in an effort to enhance access and improve the quality of care; and

Whereas, Mike Jarrett has strengthened and directed the agency's orientation toward providing services which are considerate of the consumer's needs; and

Whereas, he has developed an understanding among agency staff and in the public in general of the linkage between health and environmental quality control; and

Whereas, the love and respect in which he is held is evidenced by the many awards and honors which he has received, including the Order of the Palmetto in 1990 by Governor Carroll A. Campbell, the Perinatal Achievement Award in 1990 by the Perinatal Association, the Environmental Leadership Award in 1990 by North Carolina and South Carolina Environmental Schools, the Outstanding State Employee of the Year Award in 1991 by the South Carolina State Employee's Association, and the Public Administrator of the Year Award in 1991 by the American Society for Public Administration. Now, therefore,

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

That the members of the General Assembly express their appreciation to Commissioner Michael Doyle Jarrett for his extraordinary service and dedication to the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Commissioner Jarrett.

Senator NELL W. SMITH spoke on the Concurrent Resolution.

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

S. 1185 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, BROKERS, AND MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1186 -- Senators Giese, Courson and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.

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

S. 1187 -- Senators Drummond, Lourie, Macaulay, Bryan, Pope, Martschink, Moore, Nell W. Smith, Courson, Wilson and Russell: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.

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

S. 1188 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-1715 SO AS TO PROVIDE AN ADDITIONAL EXCISE TAX ON LUXURY ITEMS IN AN AMOUNT NOT TO EXCEED FIFTY PERCENT OF THE TAX DUE ON THE SAME ITEMS AS IMPOSED BY THE INTERNAL REVENUE CODE.

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

S. 1189 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-1715 SO AS TO PROVIDE AN ADDITIONAL EXCISE TAX ON LUXURY ITEMS IN AN AMOUNT NOT TO EXCEED FIFTY PERCENT OF THE TAX DUE ON THE SAME ITEMS AS IMPOSED BY THE INTERNAL REVENUE CODE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD WHICH MAY LAWFULLY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD STAMPS.

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

S. 1190 -- Senator Carmichael: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-75 SO AS TO PROHIBIT A GOVERNMENTAL BODY FROM PURCHASING A MOTOR VEHICLE MANUFACTURED BY A COMPANY WHICH HAS ITS CORPORATE HEADQUARTERS IN JAPAN.

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

S. 1191 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-146 SO AS TO REQUIRE CERTAIN BENEFITS UNDER THE STATE HEALTH PLAN FOR MENTAL, NERVOUS, DRUG, OR ALCOHOLISM RELATED DISORDERS.

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

S. 1192 -- Senators Bryan, Mullinax and O'Dell: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.

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

S. 1193 -- Senators Wilson, Robert W. Hayes, Jr. and Leventis: A BILL TO ENACT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTER-DRUG ACTIVITIES INTERSTATE COMPACT AND TO AUTHORIZE THE SOUTH CAROLINA NATIONAL GUARD TO ACT UNDER THE COMPACT.

Read the first time and referred to the General Committee.

S. 1194 -- Senator Rose: A BILL TO AMEND ACT 535 OF 1982, AS AMENDED, RELATING TO THE REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED, SO AS TO PROVIDE THAT VACANCIES ON THE BOARD MUST BE FILLED AT THE NEXT GENERAL ELECTION OR AT A SPECIAL ELECTION IF THE VACANCIES OCCUR MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE NEXT ELECTION INSTEAD OF THE COUNTY LEGISLATIVE DELEGATION FILLING THE VACANCIES BY APPOINTMENT, AND PROVIDE THAT IF THE VACANCIES OCCUR ONE HUNDRED EIGHTY DAYS OR LESS BEFORE THE GENERAL ELECTION, THE MEMBERS OF THE GOVERNING BODY OF THE COUNTY REPRESENTING PERSONS RESIDING IN THE DISTRICT SHALL FILL THE VACANCIES.

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

S. 1195 -- Senators Bryan, Mullinax and O'Dell: A BILL TO AMEND SECTION 56-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEE FOR DUPLICATE FOR LOST OR DESTROYED LICENSE, SO AS TO INCREASE THE FEE FROM FIFTY CENTS TO TEN DOLLARS.

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

S. 1196 -- Senators Bryan, Mullinax and O'Dell: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.

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

S. 1197 -- Senators Bryan, Mullinax and O'Dell: A BILL TO AMEND SECTION 56-9-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE ADDITIONAL MEANS OF PROVIDING THE CERTIFICATE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

S. 1198 -- Senators Bryan, Mullinax and O'Dell: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.

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

S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-2735 AND 58-15-1625 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND TO PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING; TO AMEND SECTIONS 56-5-2710, 56-5-2720, 56-5-2775, AND 56-5-3210, RELATING TO THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND PENALTIES FOR VIOLATIONS, SO AS TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED, TO REQUIRE ADDITIONAL VEHICLES TO STOP AT RAILROAD CROSSINGS, CLARIFY EXEMPTIONS, AND TO EXEMPT FROM THE REQUIREMENT VEHICLES SUBJECT TO FEDERAL MOTOR CARRIER SAFETY RULES ADOPTED BY THE DIVISION OF MOTOR VEHICLES, TO EXTEND THE SPECIFIC PENALTIES FOR VIOLATING SECTION 56-5-2720 TO ADDITIONAL OFFENSES INVOLVING RAILROAD CROSSINGS, AND TO EXTEND THE SPECIFIC PENALTIES OF SECTION 56-5-3210 TO ADDITIONAL OFFENSES.

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

S. 1200 -- Senators Nell W. Smith, Moore and Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 20-7-121, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM MUST BE ADMINISTERED BY THE STATE WORKERS' COMPENSATION FUND; AND TO AMEND SECTION 5 OF ACT 441 OF 1988, RELATING TO THE ADMINISTRATION OF THIS PROGRAM, SO AS TO DELETE THE PROVISION IN WHICH THE ADMINISTRATION OF THE PROGRAM IS BY THE UNIVERSITY OF SOUTH CAROLINA TRIO PROGRAMS THROUGH A CONTRACT WITH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN.

Placed on the Calendar without reference.

H. 4154 -- Rep. Harrelson: A CONCURRENT RESOLUTION COMMENDING JAMES B. ELLISOR FOR HIS OUTSTANDING SERVICE AS EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

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

H. 4155 -- Rep. Sheheen: 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 22, 1992.

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

That His Excellency, Carroll A. Campbell, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 22, 1992, in the Hall of the House of Representatives.

Referred to the Committee on Invitations.

H. 4177 -- Reps. Gentry, G. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 5, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, JUNE 30, 1994, AND JUNE 30, 1995; AND TO ELECT A SUCCESSOR FOR A JUDGE OF THE FAMILY COURT WHOSE TERM EXPIRES JUNE 30, 1995.

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

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House on Wednesday, February 5, 1992, to elect a successor to The Honorable Dan F. Laney, Jr., Circuit Judge of the Third Judicial Circuit, whose term expires June 30, 1992; to elect a successor to The Honorable James Cleveland "Tee" Ferguson, Sr., Circuit Judge from the Seventh Judicial Circuit, whose term expires June 30, 1995; and a successor to The Honorable James Moore, Circuit Judge from the Eighth Judicial Circuit, whose term expires June 30, 1994; and to elect a successor to The Honorable S. H. Belser, Family Court Judge from the Third Judicial Circuit, Seat 3, whose term expires on June 30, 1995.

Referred to the Committee on Invitations.

H. 4180 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF THIS STATE'S MOST OUTSTANDING HEALTH CARE EXECUTIVES, D. KIRK OGLESBY, JR., UPON HIS ELECTION AS CHAIRMAN OF THE BOARD OF TRUSTEES OF THE AMERICAN HOSPITAL ASSOCIATION.

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

H. 4181 -- Reps. Keyserling, Jaskwhich, Rogers, H. Brown, Waites and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1992 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1992 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 29, 1992, AT 12:30 P.M., AND TO RECOGNIZE AND COMMEND THE 1992 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and

Whereas, the winners of the 1992 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1992 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

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

That the members of the General Assembly invite the winners of the 1992 South Carolina Folk Heritage Awards and the members of the 1992 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House at 12:30 p.m. on Wednesday, April 29, 1992, and that the members of the General Assembly recognize and commend the 1992 South Carolina Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.

Referred to the Committee on Invitations.

H. 4206 -- Rep. Rudnick, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendrix, Hodges, Holt, Houck, Huff, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. ARTHUR RUST OF LEXINGTON COUNTY, THE FATHER OF ANNE FOSTER OF THE HOUSE STAFF, AND EXTENDING SYMPATHY TO THE FAMILY AND FRIENDS OF MR. RUST.

Whereas, Mr. Arthur Edmund Rust of Lexington died on January 9, 1992, at the age of eighty-five; and

Whereas, Mr. Rust was the father of Anne Foster of the staff of the House of Representatives; and

Whereas, he was born in Princeton, Indiana, and was a retired electrician, World War II Army veteran, and beloved husband and father; and

Whereas, we want Anne and all the rest of Mr. Rust's family and his friends to know that they are uppermost in our thoughts and have our deepest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of Mr. Arthur Rust of Lexington County, the father of Anne Foster of the House staff, and extend sympathy to the family and friends of Mr. Rust.

Be it further resolved that a copy of this resolution be forwarded to Mr. Rust's widow, Mrs. Dorothy Rust of Lexington, and to Mrs. Anne Foster.

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

H. 4085 -- Rep. Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1991, AND ENDING JUNE 30, 1992.

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

REPORTS OF STANDING COMMITTEES

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

S. 1175 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 5, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, JUNE 30, 1994, AND JUNE 30, 1995; AND TO ELECT A SUCCESSOR FOR A JUDGE OF THE FAMILY COURT WHOSE TERM EXPIRES JUNE 30, 1995.

Ordered for consideration tomorrow.

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

South Carolina Tax Commission, At-Large, with term to expire June 30, 1997:

The Honorable James M. Waddell, Jr., 1500 Riverside Drive, Beaufort, South Carolina 29901 VICE S. Hunter Howard, Jr.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

At-Large Member, State Commission on Higher Education, with term to expire July 26, 1994:

Mr. Marvin C. Jones, Post Office Box 1515, Walterboro, South Carolina 29488

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1997:

2nd Congressional District:

Ms. Cathy Blackburn Novinger, 119 Mill Pond Road, Cayce, South Carolina 29033

MOTION ADOPTED

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

EXECUTIVE SESSION

On motion of Senator WADDELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Statewide Appointments

Appointment, Member, South Carolina Tax Commission, with term to expire June 30, 1997:

At-Large:

The Honorable James M. Waddell, Jr., 1500 Riverside Drive, Beaufort, South Carolina 29901 VICE Hunter Howard

Reappointment, Member, State Commission on Higher Education, with term to expire July 26, 1994:

Governor's - At-Large:

Mr. Marvin C. Jones, Post Office Box 1515, Walterboro, South Carolina 29488

Reappointment, Member, Technical and Comprehensive Education Board, with term to expire July 1, 1997:

2nd Congressional District:

Ms. Cathy Blackburn Novinger, 119 Mill Pond Road, Cayce, South Carolina 29033

Local Appointment

Appointment, Member, Barnwell County Board of Voter Registration, with term to expire March 15, 1992:

At-Large:

Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, South Carolina 29853 VICE Janet H. Bodiford (resigned)

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

THIRD READING BILLS

The following Bills and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:

S. 1057 -- Senators Stilwell and J. Verne Smith: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO MAKE A TECHNICAL CORRECTION REGARDING THE BOUNDARY OF PRECINCT 56, PLEASANT GROVE, AND THE BOUNDARY OF THE NEW PRECINCT, NAMELY, 56A, RIVERSIDE, BY IDENTIFYING PART OF THESE BOUNDARIES PROPERLY AS THE PRINCESS CREEK, RATHER THAN THE ENOREE RIVER AS INCORRECTLY CONTAINED IN CERTAIN MAPS.

(By prior motion of Senator STILWELL)

S. 1096 -- Senator Mullinax: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR COUNTY MAGISTRATES' COURTS, SO AS TO REVISE THE JURY AREAS FOR ANDERSON COUNTY BY PROVIDING FOR ONE JURY AREA COUNTYWIDE.

(By prior motion of Senator MULLINAX)

S. 1143 -- Senator Waddell: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURT, SO AS TO REVISE THE AREAS FOR BEAUFORT COUNTY.

(By prior motion of Senator WADDELL)

S. 1142 -- Senators Nell W. Smith, Robers W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.

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

READ THE THIRD TIME

S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

Senator MACAULAY asked unanimous consent to take the Bill up for immediate consideration.

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

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

SECOND READING BILL

The following Joint Resolution having been read the second time was passed and ordered to a third reading:

S. 1173 -- Senators Rose, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A JOINT RESOLUTION TO REQUEST THE COMMISSION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INSTRUCT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT TO ISSUE GENERAL WILLIAM C. WESTMORLAND A SPECIAL LICENSE PLATE PURSUANT TO ARTICLE 43, CHAPTER 3 OF TILE 56 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES, SO AS TO HONOR GENERAL WESTMORLAND BY ISSUING HIM THE SPECIAL LICENSE PLATE WITH THE WORDS "U.S. ARMED SERVICES, RETIRED" WHICH DISPLAYS THE NUMBER "1".

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

CARRIED OVER

H. 3834 -- Rep. Wilkins: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-15 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 1992 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2-1-10, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.

On motion of Senator HOLLAND, the Bill was carried over.

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of those who died and in honor of those who served during the war in the Middle East which began on this date in 1991.

On motion of Senators PASSAILAIGUE and MOORE, the Senate stood adjourned in honor of Senator JAMES M. WADDELL, JR. upon his retirement from the South Carolina Senate.

Time Fixed

Senator J. VERNE SMITH moved that when the Senate adjourns on Friday, January 17, 1992, it stand adjourned to meet next Tuesday, January 21, 1992 at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:36 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 8:55 A.M.