South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

THURSDAY, JANUARY 18, 1990

Thursday, January 18, 1990
(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:

In Remembrance of Robert E. Lee's birthday, January 19, 1807, hear the words of the Psalmist in the first Psalm (v.3):

"And he shall be like a tree planted

by the streams of water,

That bringeth forth its fruit in its

season,

Whose leaf also doth not wither;... "
Let us pray.

Almighty God, before whose face nations rise and fall, and generations are born... serve... and die:

We give thanks for the life, labors and memory of men like Robert E. Lee who served his generation and left a legacy of character to generations unborn as a "sun-crowned man".

Inspire us so to live:

"That we may tell our sons who see

The light high in the heavens,

Their heritage to take;...

I saw the powers of darkness put to flight,

I saw the morning break".

Help us to strive for a better world.

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 16, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

County Appointment

Appointment, Magistrate, Greenwood County, with term to expire April 30, 1991:

James Richard Waltman, 318 Chinquapin Rd., Greenwood, S.C. 29646 VICE Raymond Fred Mackey

Invitations Accepted
SOUTH CAROLINA ASSOCIATION OF
COUNCIL ON AGING DIRECTORS

November 30, 1989
Senator Tom Moore
P.O. Box 142
Columbia, S.C. 29202

Dear Senator Moore,

On behalf of the South Carolina Association of Council on Aging Directors, I would like to extend an invitation to members of the Legislature for breakfast on January 25, 1990 at 8:00 A.M. Arrangements have been made at the Radisson on Assembly Street for the breakfast. During this meeting, information regarding issues of the elderly will be shared.

I appreciate any consideration in having this placed on the legislative calendar.

With regards,
Mary Gail Douglas
President

On motion of Senator MOORE, with unanimous consent, the invitation was accepted.

COUNCIL OF ADMINISTRATORS OF SPECIAL
EDUCATION, INCORPORATED

January 8, 1990
The Honorable Thomas L. Moore
Senate Institution Committee
Post Office Box 142
Columbia, South Carolina 29202

Dear Senator Moore:

The South Carolina Council of Administrators of Special Education is sponsoring a Legislative Luncheon Reception on Wednesday, February 7, 1990 at 1:00 P.M. or upon adjournment in Room 208 of the Solomon Blatt Building.

The purpose of the reception is to support the State Department of Education's funding request for regional educational therapy services for seriously emotionally disturbed children in South Carolina.

I have talked to Ms. Dottie Martin and she has reserved the room pending my written request to you.

Thank you for your assistance and I hope to discuss this concern with you personally at the reception.

Sincerely,
Emmala E. Barnett, Ed. D.
SCCASC Educational Therapy Center
Subcommittee Chairman

On motion of Senator MOORE, with unanimous consent, the invitation was accepted.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1039
Promulgated By Department of Health and Environmental Control
61-68 Water Classifications and Standards
61-69 Classified Waters
Received by Lt. Governor February 7, 1989
Referred to Senate Committee on Medical Affairs
120 day expiration date June 7, 1989
Revised expiration date February 6, 1990

Doctor Of The Day

Senator GIESE introduced Dr. Strother Pope of Columbia, Doctor of the Day.

Leave Of Absence

On motion of Senator BRYAN, Senator SETZLER was granted a leave of absence for the week of January 16, 1990 due to illness.

Leave Of Absence

On motion of Senator BRYAN, Senator STILWELL was granted a leave of absence for today.

Leave Of Absence

Senator MATTHEWS requested and was granted a leave of absence beginning at 12:00 Noon.

Point Of Privilege

Senator GILBERT rose to a Point of Privilege.

CONCURRENCE

S. 1069 -- Senators Holland, Hayes, Lee and Long: A CONCURRENT RESOLUTION TO FIX TUESDAY, FEBRUARY 13, 1990, AT 12:30 P.M. AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE WHOSE TERMS EXPIRE IN 1990.

The House returned the Concurrent Resolution with amendments.

Senator HOLLAND explained the amendments.

On motion of Senator HOLLAND, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1083 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. AND MRS. MYER WHACK OF CLARENDON COUNTY ON THEIR FIFTIETH WEDDING ANNIVERSARY.

Returned with concurrence.

Received as information.

S. 1084 -- Senator Hayes: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. JAMES CARLISLE HOLLER OF ROCK HILL IN YORK COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.

Returned with concurrence.

Received as information.

S. 1085 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE NELSON WELCH, THE VERSATILE AND ACCOMPLISHED SENIOR FOOTBALL PLAYER FOR THE GREER HIGH SCHOOL YELLOW JACKETS FOR HIS MANY ACCOMPLISHMENTS BOTH ON AND OFF THE FOOTBALL FIELD, TO RECOGNIZE HIS NUMEROUS FOOTBALL ACCOLADES INCLUDING HIS SELECTION TO THE ASSOCIATED PRESS FIRST TEAM ALL-STATE HIGH SCHOOL FOOTBALL TEAM, THE GREENVILLE NEWS TENTH ANNUAL ALL-STATE TEAM, THE DIXIE DOZEN FOOTBALL TEAM, THE NORTH-SOUTH ALL STAR TEAM AND THE SHRINE BOWL TEAM, TO COMMEND HIM FOR BEING NAMED SOUTH CAROLINA PLAYER OF THE YEAR BY THE ASSOCIATED PRESS AND THE GREENVILLE PIEDMONT NEWS FOR GREENVILLE COUNTY, AND TO CONGRATULATE HIM FOR HIS ACADEMIC SUCCESS THROUGHOUT HIS HIGH SCHOOL CAREER.

Returned with concurrence.

Received as information.

S. 1086 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE STUART HOLCOMBE, HEAD COACH OF THE SOUTH CAROLINA CLASS 3-A STATE CHAMPION GREER HIGH SCHOOL YELLOW JACKETS FOOTBALL TEAM, FOR BEING ELECTED BY SPORTSWRITERS AS THE ASSOCIATED PRESS HIGH SCHOOL FOOTBALL COACH OF THE YEAR, AND FOR BEING SELECTED BY HIS FELLOW COACHES AS THE SOUTH CAROLINA COACH OF THE YEAR, AND TO COMMEND HIM ON HIS 30-9 RECORD AS HEAD COACH OF THE GREER YELLOW JACKETS.

Returned with concurrence.

Received as information.

S. 1087 -- Senators J. Verne Smith, Mitchell, Stilwell, Thomas and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREER YELLOW JACKETS HIGH SCHOOL FOOTBALL TEAM UPON WINNING THE SOUTH CAROLINA CLASS 3-A STATE CHAMPIONSHIP FOR THE 1989 HIGH SCHOOL FOOTBALL SEASON BY DEFEATING A TOUGH AIKEN HORNETS FOOTBALL TEAM IN THE TITLE GAME PLAYED IN DECEMBER, 1989, AT IRMO HIGH SCHOOL STADIUM, TO COMMEND THE TEAM AND ITS COACHES FOR BEING THE FIRST HIGH SCHOOL FOOTBALL TEAM IN SOUTH CAROLINA HISTORY TO WIN FIFTEEN GAMES IN A SINGLE SEASON, AND TO RECOGNIZE THE DEDICATION, HARD WORK, AND TEAM SPIRIT OF THE PLAYERS, COACHES, STAFF, PARENTS AND FANS WHO WERE AN INTEGRAL PART OF THE SUCCESS OF THE FOOTBALL TEAM.

Returned with concurrence.

Received as information.

S. 1107 -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND JACK C. HANNA OF THE SOUTH CAROLINA BAR ASSOCIATION FOR HIS EXCELLENT SUPPORT OF AND ASSISTANCE TO THE UNITED STATES CONSTITUTION BICENTENNIAL COMMISSION OF SOUTH CAROLINA DURING THE CONSTITUTION BICENTENNIAL ERA.

Returned with concurrence.

Received as information.

PRIVILEGE OF THE CHAMBER

On prior motion of Senator MOORE, the Privilege of the Chamber to that area behind the rail was extended to the Greer High School "Yellow Jackets" Football Team.

Senator J. VERNE SMITH presented Coach Holcombe with Resolutions commending the team upon winning the 1989 3A State Championship.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1108 -- Senators Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR TAXABLE YEAR 1989 IS EXTENDED UNTIL JULY 1, 1990.

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

S. 1109 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-702 SO AS TO PROHIBIT THE USE OF ARTIFICIAL LIGHTS FOR OBSERVING OR HARASSING WILDLIFE IN GAME ZONE 11 AND TO PROVIDE PENALTIES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1110 -- Senators Long and Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO AUTHORIZE THE ISSUANCE OF A TEMPORARY PERMIT FOR A BUSINESS ESTABLISHMENT TO SELL ALCOHOLIC LIQUOR IN SEALED CONTAINERS OF TWO OUNCES OR LESS AND OTHER ALCOHOLIC BEVERAGES FOR THE SOLE PURPOSE OF ALLOWING THE ESTABLISHMENT TO SERVE GUESTS AND THEIR INVITEES WHO ARE ATTENDING A MEETING OR CONVENTION AT THE ESTABLISHMENT OR AT A HOTEL OR MOTEL ASSOCIATED WITH IT.

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

S. 1111 -- Senator McConnell: A BILL TO AMEND SECTION 16-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS DURING A STATE OF EMERGENCY, SO AS TO REVISE THE PENALTIES FOR THE OFFENSE OF LOOTING.

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

S. 1112 -- Senators Rose and Wilson: A BILL TO AMEND SUBARTICLE 17 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215, SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.

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

S. 1113 -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT THE NUMBER OF INSTRUCTIONAL SCHOOL DAYS REQUIRED PURSUANT TO SECTIONS 59-1-420 AND 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, BE REDUCED BY FIVE DAYS FOR THOSE SCHOOL DISTRICTS WHICH MISSED TEN OR MORE INSTRUCTIONAL DAYS DUE TO HURRICANE HUGO, TO PROVIDE THAT THESE LOCAL SCHOOL DISTRICT BOARDS OF TRUSTEES MAY REQUEST THAT THE STATE BOARD OF EDUCATION WAIVE ADDITIONAL INSTRUCTIONAL DAYS, AND TO PROVIDE FOR THE WAIVER OF STAFF DEVELOPMENT AND TEACHER WORK DAYS IN ORDER TO MAKE UP INSTRUCTIONAL DAYS.

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

Ordered To A Second Reading

On motion of Senator HAYES, S. 1113 was ordered to receive a second reading on Friday, January 19, 1990, with notice of general amendments.

S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.

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

S. 1115 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 7, 1990, AS SOUTH CAROLINA STATE COLLEGE DAY.

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

H. 4400 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. FOSTENIA LEWIS OF ANDERSON WHO DIED JANUARY 13, 1990.

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

H. 4429 -- Rep. Cork: A CONCURRENT RESOLUTION TO CONGRATULATE DR. SPENCER McCANTS OF BEAUFORT COUNTY UPON THE CELEBRATION OF HIS 100TH BIRTHDAY.

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

REPORTS OF STANDING COMMITTEES

Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:

S. 883 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED.

Ordered for consideration tomorrow.

Senator LINDSAY, from the Committee on Banking and Insurance, submitted a favorable report on:

S. 989 -- Senator Waddell: A BILL TO AMEND SECTION 23-43-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND REQUIRED OF LICENSED MANUFACTURERS OF MODULAR BUILDINGS AND REPRESENTATIVES OF MANUFACTURERS OF MODULAR BUILDINGS, SO AS TO ALLOW COLLATERAL ACCEPTABLE TO THE STATE TREASURER TO BE SUBSTITUTED FOR THE BOND.

Ordered for consideration tomorrow.

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

S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.

Ordered for consideration tomorrow.

Adopted

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

S. 1089 -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE THE NORTH AUGUSTA HIGH SCHOOL "YELLOW JACKETS" FOOTBALL TEAM AND ITS COACHES ON WINNING THE STATE CLASS AAAA CHAMPIONSHIP AND INVITE THEM TO VISIT IN THE SENATE CHAMBER AT 11:30 A.M. ON THURSDAY, JANUARY 25, 1990.

On motion of Senator MOORE, with unanimous consent, the Senate Resolution was taken up for immediate consideration.

On motion of Senator MOORE, the Resolution was adopted.

Adopted

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

H. 4350 -- Orangeburg Delegation: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 7, 1990, AS SOUTH CAROLINA STATE COLLEGE DAY.

On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.

On motion of Senator MOORE, the Concurrent Resolution was adopted, ordered returned to the House.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE

S. 567 -- Senators Giese and Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING; AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.

The House returned the Bill with amendments.

Senator GIESE proposed the following amendment (Doc. No. 0429o), which was adopted:

Amend the Bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.   Section 52, Part II, Act 189 of 1989 is repealed./

Renumber sections to conform.

Amend title to conform.

Senator GIESE explained the amendment.

On motion of Senator GIESE, the amendment was adopted.

On motion of Senator GIESE, the Bill was ordered returned to the House of Representatives with amendments.

AMENDED AND READ

H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

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

On motion of Senator MOORE, the vote whereby the Bill received a third reading was reconsidered.

Senator MOORE proposed the following amendment (Doc. No. 0090X), which was adopted:

Amend the Bill, as and if amended, by striking Section 2 and inserting:

/SECTION 2.   Notwithstanding the provisions of Section 12-45-180 of the 1976 Code, in those counties which observed January 15, 1990, as a holiday, no penalty may be assessed for ad valorem taxes due for the 1989 taxable year paid before January 30, 1990. There must be refunded no later than March 1, 1990, to taxpayers any penalties assessed on ad valorem taxes for the 1989 tax year paid before January 30, 1990./

Amend title to conform.

Senator MOORE explained the amendment.

On motion of Senator MOORE, the amendment was adopted.

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

RECOMMITTED

S. 407 -- Senator Williams: A BILL TO AMEND SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF SLANDER AND LIBEL, SO AS TO FURTHER PROVIDE FOR THE ELEMENTS OF THIS OFFENSE AND TO PROVIDE THAT IN ALL CASES THE TRUTH OF THE MATTER IS A COMPLETE DEFENSE.

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

The question being the third reading of the Bill.

On motion of Senator WILLIAMS, the Bill was recommitted to the Committee on Judiciary.

REMOVED FROM CALENDAR

H. 3565 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was removed from the Calendar.

ACTING PRESIDENT PRESIDES

Senator HORACE C. SMITH assumed the Chair.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:

S. 1104 -- Judiciary Committee: A BILL TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AND PERSONS ADMITTED TO HOSPITALS AS EMERGENCY PATIENTS ON THE DAY OF AN ELECTION OR WITHIN A FOUR-DAY PERIOD BEFORE THE ELECTION TO THE APPLICATION FOR VOTING BY ABSENTEE BALLOT.

S. 1105 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR PROCESSING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.

SECOND READING BILLS

The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:

H. 4287 -- Reps. Klapman, Sturkie, Sharpe, Derrick, Felder and Koon: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.

Ordered To A Third Reading

On motion of Senator WILSON, H. 4287 was ordered to receive a third reading on Friday, January 19, 1990.

S. 1102 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED BY ACT 289 OF 1987, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION THEREWITH.

S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

S. 846 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., OF CHARLESTON COUNTY.

S. 885 -- Senator Horace C. Smith: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PALMETTO CLUB OF THE DEAF IN SPARTANBURG COUNTY.

S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.

S. 948 -- Senators Hayes and Hinson: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF AN ELECTION BALLOT WHEN A CHANGE IN A FORM OF GOVERNMENT IN A MUNICIPALITY IS VOTED ON BY THE QUALIFIED ELECTORS OF THAT MUNICIPALITY, SO AS TO CLARIFY THE MANNER IN WHICH AN ELECTOR SELECTS A FORM OF GOVERNMENT.

Ordered To A Third Reading

On motion of Senator HAYES, with unanimous consent, S. 948 was ordered to receive a third reading on Friday, January 19, 1990.

S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.

Senator WADDELL explained the Joint Resolution.

S. 988 -- Senator Waddell: A BILL TO AMEND SECTION 11-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REPORTING THE DEBT OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT THE STATE TREASURER ANNUALLY SHALL PUBLISH A STATEMENT OF THE OBLIGATIONS OF POLITICAL SUBDIVISIONS RATHER THAN FURNISH A STATEMENT TO THE COMPTROLLER GENERAL FOR INCLUSION IN THE ANNUAL REPORT OF THE COMPTROLLER GENERAL.

Senator WADDELL explained the Bill.

H. 3574 -- Rep. Beasley: A BILL TO AMEND SECTION 59-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS FOR THE PURPOSE OF FOSTERING EDUCATIONAL DEVELOPMENT OF HIGH SCHOOL JUNIORS AND SENIORS IN THIS STATE WHO ARE ACADEMICALLY TALENTED, SO AS TO PROVIDE THAT DESIGNEES OF THE EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL MAY SERVE IN THEIR PLACE ON THE BOARD.

Ordered To A Third Reading

On motion of Senator HAYES, with unanimous consent, H. 3574 was ordered to receive a third reading on Friday, January 19, 1990.

H. 3861 -- Rep. Nesbitt: A BILL TO AMEND SECTION 59-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE REQUISITE STUDY OF AND EXAMINATION CONCERNING THE UNITED STATES CONSTITUTION FOR PURPOSES OF GRADUATION FROM HIGH SCHOOL AND COLLEGE, SO AS TO INCLUDE THE DECLARATION OF INDEPENDENCE AND THE FEDERALIST PAPERS.

Senator HAYES explained the Bill.

Ordered To A Third Reading

On motion of Senator HAYES, with unanimous consent, H. 3861 was ordered to receive a third reading on Friday, January 19, 1990.

H. 4157 -- Rep. McElveen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WHITAKER'S INC. OF SUMTER IN SUMTER COUNTY.

Ordered To A Third Reading

On motion of Senator LEVENTIS, with unanimous consent, H. 4157 was ordered to receive a third reading on Friday, January 19, 1990.

S. 1103 -- Senator Martschink: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOD EARTH, INC., IN CHARLESTON COUNTY.

S. 1106 -- Judiciary Committee: A BILL TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.

Senator HOLLAND explained the Bill.

Amended And Read

H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: A BILL TO AMEND SECTIONS 7-13-430 AND 7-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF BALLOTS REQUIRED TO BE PROVIDED AT VOTING PRECINCTS IN GENERAL AND PRIMARY ELECTIONS, SO AS TO REQUIRE POLL MANAGERS TO PROVIDE BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO MAKE FAILURE TO PROVIDE SUCH BALLOTS WHEN NECESSARY A CRIMINAL OFFENSE PUNISHABLE AS WILFUL NEGLECT OR CORRUPT CONDUCT OF A POLL MANAGER.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The amendment proposed by the Committee on Judiciary (Doc. No. 2192J) was adopted as follows:

Amend the Bill, as and if amended, page 2, line 6, in Section 7-13-430, as contained in SECTION 1, by inserting after the word /ballots./

/A manager of election who fails to comply with the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 7-25-160./

Amend the Bill, as and if amended, page 2, line 30, in Section 7-13-620, as contained in SECTION 2, by inserting after the word /ballots./

/A manager of election who fails to comply with the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 7-25-160./

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

PRESIDENT PRESIDES

The PRESIDENT assumed the Chair.

AMENDED AND READ

S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.

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

Senator HORACE C. SMITH proposed the following amendment (Doc. No. 0074X), which was adopted:

Amend the bill, as and if amended, Section 24-3-130, as contained in SECTION 1, page 2, line 2, by deleting /corrections/ between /by/ and /officers/.

Amend title to conform.

Senator HORACE C. SMITH explained the amendment.

On motion of Senator HORACE C. SMITH, the amendment was adopted.

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

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

Carried Over

S. 42 -- Senator Fielding: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 405 -- Senators Bryan, Pope and Passailaigue: A BILL TO AMEND SECTION 2-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PERMIT DESIGNEES OF EX OFFICIO MEMBERS OF THE COUNCIL TO SERVE IN PLACE OF THE EX OFFICIO MEMBERS; TO AMEND SECTION 2-15-50, RELATING TO THE DEFINITION OF "STATE AGENCY" AND "AUDIT", SO AS TO REVISE THE DEFINITION OF "AUDIT"; TO AMEND SECTION 2-15-60, RELATING TO THE DUTIES OF THE AUDIT COUNCIL, SO AS TO REVISE THESE DUTIES INCLUDING REVISION OF WHEN THE COUNCIL IS REQUIRED TO CONDUCT AN AUDIT; AND TO AMEND SECTION 2-15-100, RELATING TO THE PRIORITY OF REQUESTS TO THE AUDIT COUNCIL, SO AS TO REVISE THIS PRIORITY.

Senator POPE moved that the Bill be made a Special Order.

Senator BRYAN spoke on the Bill.

Point Of Order

Senator MOORE raised a Point Of Order that the motion to place the Bill in the status of Special Order was nondebatable.

The PRESIDENT sustained the Point Of Order.

Senator HOLLAND, with unanimous consent, spoke briefly on the Bill.

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

AYES

Bryan                     Giese                     Gilbert
Hayes                     Hinson                    Holland
Land                      Long                      Lourie
Martin                    Martschink                McGill
McLeod                    Mitchell                  Moore
Mullinax                  O'Dell                    Patterson
Peeler                    Pope                      Saleeby
Shealy                    Smith, H.C.               Waddell
Williams

Total--25

NAYS

Courson                   Leatherman                Leventis
Macaulay                  McConnell                 Rose
Russell                   Thomas                    Wilson

Total--9

The Bill was made a Special Order.

RECALLED

S. 1044 -- Senator Pope: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2045 RELATING TO TRUCK DRIVER TRAINING SCHOOLS SO AS TO PROVIDE THAT A PERSON QUALIFIES TO BE A STUDENT AT A TRUCK DRIVER TRAINING SCHOOL IN THIS STATE IF HE HAS A SOUTH CAROLINA CLASS THREE LEARNER'S PERMIT OR AN EQUIVALENT PERMIT ISSUED BY HIS STATE OF RESIDENCE.

On motion of Senator POPE, the Bill was recalled from the Committee on Transportation.

On motion of Senator POPE, the Bill was placed on the Calendar for consideration tomorrow.

MOTION ADOPTED

On motion of Senator LONG, the Annual Report of the Committee on Tourism was ordered to be printed in the Journal of the House of Representatives on Friday, January 19, 1990.

ADJOURNMENT

At 12:29 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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