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, hear the Psalmist when he prayed in the long ago (Psalm 27:11):
"Teach me Your way, O Lord;
Lead me in a straight path... "
Let us pray.
Our Father, we daily sense the responsibility of our decisions in this Chamber... the consequences of which go out to our cities, towns and countrysides of our beloved State.
As we express our own ideas, and take our personal positions on issues, we know there are those who may differ with us. Help us to listen to each other... if, perhaps, we may learn from each other.
But, most of all, we pray that each of us may be humble enough to realize that there may be a higher position than the ones we espouse... even Yours, Lord!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1370
Promulgated By Board of Examiners in Psychology
Licensure, Examinations, Renewal, Code of Conduct, Fees, Supervision, Board Actions, Continuing Education
Received By Lt. Governor February 5, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 5, 1991
Referred to the Committee on Medical Affairs.
Senator LOURIE introduced Dr. Craig Ward of Columbia, S.C., Doctor of the Day.
On motion of Senator WILLIAMS, Senator WADDELL was granted a leave of absence for today.
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.
On motion of Senator SETZLER, Senator MOORE was granted a leave of absence for today.
On motion of Senator SETZLER, with unanimous consent, the following Statement was ordered printed in the Journal:
I regret that I have been unable to be with you and to be present to fulfill my obligations. However, I was advised last Wednesday by my personal physician that it would be necessary once again to perform corrective surgery on my knee. At the writing of this Statement, I have not yet been released from the hospital, but it is my hope to leave here soon and join you when the Senate reconvenes next week.
Senator LOURIE rose to a Point of Privilege.
Senator GILBERT rose to a Point of Personal Privilege.
The following were introduced:
S. 598 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE HERMAN LYLE EDWARDS OF AIKEN COUNTY UPON BEING RECOGNIZED AS "SOUTH CAROLINA'S TEXTILE CITIZEN OF THE YEAR - 1990".
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 599 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE GERALD TAYLOR OF AIKEN COUNTY UPON BEING AWARDED THE "FIREFIGHTER OF THE YEAR" AWARD FOR THE BELVEDERE FIRE DISTRICT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 600 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE CAPTAIN JERRY BODIE OF AIKEN COUNTY WHO WAS RECENTLY AWARDED "OFFICER OF THE YEAR" FOR THE BELVEDERE FIRE DISTRICT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 601 -- Senator McGill: A SENATE RESOLUTION TO COMMEND THE BROADCAST AND PRINT MEDIA OF THIS STATE FOR THEIR OUTSTANDING COVERAGE OF OPERATION DESERT SHIELD AND OPERATION DESERT STORM, AND FOR THEIR COMMUNITY EFFORTS IN SUPPORTING THE MEMBERS OF THE ARMED FORCES FROM SOUTH CAROLINA SERVING IN THE MIDDLE EAST AND THEIR FAMILIES.
On immediate consideration, the Senate Resolution was adopted.
S. 602 -- Senators Peeler, Hayes and Hinson: A SENATE RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND FRIENDS OF MRS. YETTA KIRSH OF YORK COUNTY WHO DIED ON MONDAY, JANUARY 21, 1991.
On immediate consideration, the Senate Resolution was adopted.
S. 603 -- Senators Peeler, Hayes and Hinson: A SENATE RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND FRIENDS OF MRS. VIRGINIA BLANTON OF YORK COUNTY WHO DIED ON MONDAY, JANUARY 21, 1991.
On immediate consideration, the Senate Resolution was adopted.
S. 604 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA STATE COLLEGE UPON ITS REACCREDITATION BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS WITHOUT THE REQUIREMENT OF A FOLLOW-UP INSPECTION.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 605 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 6, 1991, AS SOUTH CAROLINA STATE COLLEGE DAY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 606 -- Senator Bryan: A CONCURRENT RESOLUTION TO REPEAL HOUSE CONCURRENT RESOLUTION 3296 OF 1976 AND SENATE CONCURRENT RESOLUTION 1024 OF 1978 MEMORIALIZING CONGRESS TO CALL A CONSTITUTIONAL CONVENTION TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES REQUIRING A BALANCED FEDERAL BUDGET.
Whereas, South Carolina continues to have grave concern over the federal budget and the inability of the United States Congress to control expenditures in such a manner so as to conform to available revenues; and
Whereas, we continue to encourage the United States Congress to seek ways to reduce and eradicate the federal budget deficit; and
Whereas, the call for a Constitutional Convention to address this problem is not the most efficient or effective course of action in view of the fact that the convention cannot be limited to any specific purpose; and
Whereas, Article V of the United States Constitution provides for an alternative method by authorizing the Congress to propose amendments to the Constitution which become part of the Constitution when ratified by the legislatures of three-fourths of the states; and
Whereas, South Carolina feels that for the protection of the integrity of the United States Constitution state ratification of congressionally adopted amendments is a more desirable method for enacting constitutional safeguards against continuing budget deficits. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly repeal House Concurrent Resolution 3296 approved on February 17, 1976, and Senate Concurrent Resolution 1024 approved on May 16, 1978, which memorialized Congress to call a Constitutional Convention for the purpose of amending the Federal Constitution to limit annual federal appropriations to annual revenues, with certain exceptions, and memorialize Congress to adopt amendments to the United States Constitution to be submitted to the states for ratification requiring a balanced federal budget.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
Referred to the Committee on Judiciary.
S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson, Hayes and Nell W. Smith: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 608 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.
Read the first time and referred to the Committee on Judiciary.
S. 609 -- Senator Washington: A BILL TO REPEAL SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL LIBEL AND SLANDER.
Read the first time and referred to the Committee on Judiciary.
S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 611 -- Senator Bryan: A JOINT RESOLUTION TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON THE CONGRESS TO SUBMIT AN APPROPRIATE AMENDMENT REQUIRING A BALANCED FEDERAL BUDGET TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE.
Read the first time and referred to the Committee on Judiciary.
S. 612 -- Senator Courson: A BILL TO AMEND SECTION 8-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS ON PUBLIC OFFICIALS AND PUBLIC EMPLOYEES AND OTHERS ON APPEARANCES BEFORE CERTAIN COMMISSIONS IN RATE-MAKING MATTERS, SO AS TO EXTEND THE PROHIBITION TO APPEARANCES BEFORE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO INCLUDE REGULATORY AND PERMITTING MATTERS IN THE PROHIBITION.
Read the first time and referred to the Committee on Judiciary.
S. 613 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-65 SO AS TO PROVIDE THAT A CANDIDATE FOR AN ELECTED JUDICIAL OFFICE MUST APPEAL A DECISION OF THE COUNTY BOARD OF CANVASSERS AGGRIEVED BY IT TO THE CIRCUIT COURT; AND TO AMEND SECTION 7-17-60, RELATING TO THE RIGHT TO APPEAL TO THE STATE BOARD OF CANVASSERS FROM THE COUNTY BOARD OF CANVASSERS BY A CANDIDATE ADVERSELY AFFECTED BY A DECISION, SO AS TO PROVIDE THAT A CANDIDATE FOR A JUDICIAL OFFICE SHALL NOT APPEAL TO THE STATE BOARD BUT INSTEAD TO THE CIRCUIT COURT.
Read the first time and referred to the Committee on Judiciary.
S. 614 -- Senator Shealy: A BILL TO AMEND SECTION 56-1-745, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSES OF PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER EIGHTEEN YEARS OF AGE FOR CONVICTION OF CERTAIN DRUG OFFENSES, AND TO AMEND SECTION 56-1-746, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSES OF PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER EIGHTEEN YEARS OF AGE FOR CONVICTION OF CERTAIN BEER, WINE, AND ALCOHOLIC LIQUOR OFFENSES SO AS TO PROVIDE THAT IN ADDITION TO EMPLOYED PERSONS, A SPECIAL RESTRICTED DRIVER'S LICENSE MAY ALSO BE ISSUED TO STUDENTS ENROLLED IN A SECONDARY SCHOOL, TECHNICAL SCHOOL, OR AN INSTITUTION OF HIGHER LEARNING OF THIS STATE UNDER CERTAIN CONDITIONS.
Senator SHEALY spoke on the Bill.
Read the first time and referred to the Committee on Transportation.
S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, 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 BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.
Senator NELL W. SMITH spoke on the Bill.
Read the first time and referred to the Committee on Medical Affairs.
H. 3069 -- Reps. Farr, Haskins, Short, Sheheen, Waites, Wilkins and Rama: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO ALLOW A CERTIFIED POLITICAL PARTY TO HOLD A PRESIDENTIAL PRIMARY ELECTION, AND TO REQUIRE THE STATE COMMITTEE OF THE PARTY TO SET THE DATE AND THE HOURS FOR THE PRESIDENTIAL PRIMARY ELECTION AND THE FILING REQUIREMENTS.
Read the first time and referred to the Committee on Judiciary.
H. 3047 -- Reps. P. Harris and Waldrop: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO ABOLISH THE SOCIAL SECURITY EARNINGS LIMITATION.
Whereas, many of our nation's healthy and capable senior citizens are not a part of the country's labor force because to remain active and contributing members of society would penalize their Social Security benefits; and
Whereas, a desire to rejoin the work force is not rewarded but punished at a time when an able-bodied individual could remain active and less dependent on government; and
Whereas, the unfairness of a drastic reduction in Social Security benefits due to a modest amount of earned income must be addressed and corrected by abolishing the earnings penalty. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Congress and the President of the United States are memorialized to abolish the Social Security earnings limitation.
Be it further resolved that a copy of this resolution be forwarded to the President, Vice President, Speaker of the House of Representatives, and to each member of the South Carolina Congressional Delegation.
Referred to the Committee on Finance.
H. 3118 -- Reps. Wilkins, Tucker, Huff, Clyborne, Cole, Haskins, Corning and Cato: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.
Whereas, although the right of free expression is part of the foundation of the United States Constitution, very carefully drawn limits on expression in specific instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and productive value of public debate; and
Whereas, certain actions, although arguably related to one person's free expression, nevertheless raise issues concerning public decency, public peace, and the rights of expression and sacred values of others; and
Whereas, there are symbols of our national soul such as the Washington Monument, the United States Capitol Building, and memorials to our greatest leaders, which are the property of every American and, therefore, are worthy of protection from desecration and dishonor; and
Whereas, the American Flag was most nobly born in the struggle for independence that began with "The Shot Heard 'Round the World" on a bridge in Concord, Massachusetts; and
Whereas, in the War of 1812, the American flag stood boldly against foreign invasion, symbolized the stand of a young and brave nation against the mighty world power of that day, and, in its courageous resilience, inspired our national anthem; and
Whereas, in the Second World War the American flag was the banner that led the American battle against fascist imperialism from the depths of Pearl Harbor to the mountaintop on Iwo Jima and from defeat in North Africa's Kasserine Pass to victory in the streets of Hitler's Germany; and
Whereas, the American flag symbolizes the ideals for which good and decent people fought in Vietnam, often at the expense of their lives or at the cost of cruel condemnation upon their return home; and
Whereas, the American flag symbolizes the sacred values for which loyal Americans risked and often lost their lives in securing civil rights for all Americans, regardless of race, sex, or creed; and
Whereas, the American flag was carried forth to the moon as a banner of goodwill, vision, and triumph on behalf of all mankind; and
Whereas, the American flag to this day is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults and remains the destination of millions of immigrants attracted by the universal power of the American ideal; and
Whereas, it is only fitting that the people should blend their voices in a forceful call for restoration to the Stars and Stripes of a proper station under law and decency. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly memorialize Congress to propose an amendment to the United States Constitution for ratification by the states specifying that Congress and the states may prohibit the physical desecration of the flag of the United States of America.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of this state's congressional delegation.
Referred to the Committee on Judiciary.
H. 3372 -- Reps. Wofford, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McBride, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION REQUESTING THE DIVISION OF GENERAL SERVICES TO PLACE APPROPRIATE AND CONSPICUOUS RED, WHITE, AND BLUE RIBBONS ON THE ASSEMBLY STREET, GERVAIS STREET, AND SUMTER STREET SIDES OF THE STATE HOUSE GROUNDS IN HONOR OF THE BRAVE AND SELFLESS SERVICEMEN AND SERVICEWOMEN REPRESENTING OUR COUNTRY IN THE PERSIAN GULF REGION.
Whereas, American citizens are deeply appreciative of the dedication and the sacrifices of our servicemen and servicewomen in the Persian Gulf region; and
Whereas, we want them to know that we support them wholeheartedly and anxiously await their safe return to the United States; and
Whereas, the "red, white, and blue ribbon" symbolizes the hope and prayers of all Americans for the wonderful men and women serving in our armed forces in that war-torn area of the globe; and
Whereas, it would be entirely fitting, as well as expressive of South Carolinians' feelings and hopes, to place three large red, white, and blue ribbons in conspicuous places on the State House grounds in honor of those who are representing us in circumstances of extreme danger. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Division of General Services to place appropriate red, white, and blue ribbons on the Assembly Street, Gervais Street, and Sumter Street sides of the State House grounds, which will be easily visible to passing motorists, in honor of the brave and selfless servicemen and servicewomen representing our country in the Persian Gulf region.
Be it further resolved that a copy of this resolution be forwarded to the director of the Division of General Services.
Referred to the Committee on Finance.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 547 -- Senator Land: A BILL TO DESIGNATE A ROAD IN CLARENDON COUNTY AS W. L. HAMILTON ROAD.
(By prior motion of Senator LAND)
S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
S. 165 -- Senator Pope: A BILL TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; AND TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MACAULAY proposed the following amendment (BBM\9151.JM), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION, appropriately numbered, to read:
/SECTION ___. Section 33-4-102 of the 1976 Code is amended by adding:
"(c) The name of a corporation administratively dissolved under Section 33-14-210 is not subject to reservation for a period of two years from the date the Secretary of State sends a copy of the certificate of dissolution to the corporation as provided by Section 33-14-210(b)."/
Renumber sections to conform.
Amend title to conform.
Senator MACAULAY explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.
S. 206 -- Senator Setzler: A BILL TO AMEND SECTION 12-31-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS OPERATING MOTOR VEHICLES IN THIS STATE FOR PURPOSES OF THE ROAD TAX, SO AS TO REDUCE FROM FIFTY-FIVE PERCENT TO THIRTY PERCENT THE AMOUNT OF THE ANNUAL REGISTRATION FEE CREDITED TO THE STATE HIGHWAY FUND.
Senator LOURIE explained the Bill.
S. 146 -- Senator Land: A BILL TO AMEND SECTION 56-5-5150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY DEVICES WHEN VEHICLES ARE TOWED, SO AS TO EXEMPT FARM WAGONS, TRAILERS, AND OTHER IMPLEMENTS OF HUSBANDRY.
On motion of Senator LAND, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (RES146.1) was adopted as follows:
Amend the bill, as and if amended, page 1, line 33, by striking after the word /to/ the following:
/vehicles using a hitch known as fifth wheel and kingpin assembly , farm wagons, trailers, or other implements of husbandry/ and inserting in lieu thereof:
/farm vehicles using a hitch known as fifth wheel and kingpin assembly , farm wagons, farm trailers, or other implements of husbandry/.
Amend title to conform.
Senator LAND explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 236 -- Senators Rose and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 43 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION FOR OR USE OF THE PLATE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator ROSE proposed the following amendment (RES236.1), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, line 12 by striking the words /United States/ and inserting in lieu thereof /U.S./
Amend title to conform.
Senator ROSE explained the Bill.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 3261 -- Reps. Koon and Wright: A BILL TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.
On motion of Senator WILSON, H. 3261 was ordered to receive a third reading on Thursday, February 7, 1991.
S. 248 -- Senator Martschink: A BILL TO AMEND SECTION 48-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS OF THE LOW COUNTRY RESOURCES, CONSERVATION, AND DEVELOPMENT AUTHORITY, SO AS TO CORRECT THE REFERENCE TO THE NUMBER OF MEMBERS AND DELETE THE REFERENCES TO THE INITIAL APPOINTEES AND ORGANIZATIONAL MEETING.
S. 393 -- Senators Martschink, Shealy and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.
S. 596 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (CRITERIA FOR TOXIC SUBSTANCES TO PROTECT HUMAN HEALTH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 558 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-227, 11-5-260, AND 11-5-270 SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS AND TO MOVE PROVISIONS RELATING TO THE DISTRIBUTION OF TAX REVENUES DEDICATED TO AID TO SUBDIVISIONS FROM TITLE 12 TO THE CHAPTER DEALING WITH THE DUTIES OF THE STATE TREASURER; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.
(On motion of Senator McCONNELL, carried over)
On motion of Senator SALEEBY, the following Bills were carried over.
Senator SALEEBY explained the Bills.
S. 589 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND TO EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.
S. 590 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; AND TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION.
S. 591 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-87-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; AND TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE.
S. 592 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND TO DEFINE TERMS; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; AND TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES.
S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION.
S. 594 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; AND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS.
S. 595 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-55-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM.
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. 500 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 6, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1991, AND TO ELECT JUDGES FOR THE NINE NEW CIRCUIT COURT JUDGESHIPS CREATED BY ACT 610 OF 1990, WHOSE TERMS SHALL BEGIN JULY 1, 1991.
The PRESIDENT of the Senate indicated that a communication had been received from Senator MULLINAX regarding his being permitted to vote in the respective elections either having the vote count in the tally or, in the alternative, record the vote but not have it affect the outcome.
Rep. McTeer objected.
Senator FIELDING made a Parliamentary Inquiry as to whether or not the request to be recorded, not affecting the outcome, would require unanimous consent.
The PRESIDENT stated that unanimous consent would be required.
On motion of Senator BRYAN, with unanimous consent, the following communication from Senator MULLINAX was ordered printed in the Journal:
February 6, 1991
The Honorable Nick Theodore
Lieutenant Governor
State House
RE: Selection of Judges
Dear Lieutenant Governor Theodore:
As you are aware, I have been called to active duty as a result of Operation Desert Storm. Due to this fact, I am unable to attend today's session but desire to be permitted to cast my votes for the election of the below-listed judges. I am making this request on an alternative basis and ask that either the Senate by its rules, if necessary, or the General Assembly by unanimous consent or by majority vote permit me the below-listed votes to be counted in reaching a tally.
In the alternative, it is my request that the below-listed votes be recorded but not affecting the outcome. I realize this request is unprecedented, but so is the time, and the exigencies of the situation would seem to permit this procedure, and I would so request.
Costa M. Pleicones 5th Judic.Circuit Seat #3
Vic Rawl 9th Judic.Circuit Seat #3
Larry Patterson l3th Jud. Circuit Seat #3
Jackson Gregory l4th Jud. Circuit Seat #2
David H. Maring, Sr. l5th Jud. Circuit Seat #2
Dean Hall At Large Seat #7
Paul Short, Jr. At Large Seat #8
Levy (Lee) Alford At Large Seat #9
Joseph Alva Wilson At Large Seat #l0
Chief Judge Alexander M. Sanders, Jr. Seat #5
Hon. Jasper M. Cureton Seat #6
Hon. Ralph King Anderson At Large Seat #1
Hon. William T. Howell At Large Seat #2
Hon. M. Duane Shuler At Large Seat #3
Hon. Frank P. McGowan, Jr. At Large Seat #4
Hon. James B. Stephen At Large Seat #5
Hon. James E. Lockemy At Large Seat #6
With kindest regards, I am very truly yours,
Michael F. Mullinax
The PRESIDENT announced that nominations were in order to elect successors to the positions of Chief Judge, Seat #5, and Judge, Seat #6, on the Court of Appeals.
Senator POPE, Chairman of the Judicial Screening Committee, nominated the Hon. Alexander M. Sanders, Jr. of Columbia, S.C. for the position of Chief Judge, Court of Appeals, Seat #5; and the Hon. Jasper M. Cureton of Columbia, S.C. for the position of Judge, Court of Appeals, Seat #6.
Rep. Gentry seconded the nominations.
Senator POPE moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Alexander M. Sanders, Jr. was duly elected Chief Judge, Court of Appeals, Seat #5, for the term prescribed by law and the Honorable Jasper M. Cureton was duly elected Judge, Court of Appeals, Seat #6, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect successors to the following positions:
Circuit Court: At-Large, Seats #1-6
Senator POPE, Chairman of the Judicial Screening Committee, nominated the following individuals for the respective positions on the Circuit Court:
Hon. Ralph King Anderson At-Large, Seat #1
Hon. William T. Howell At-Large, Seat #2
Hon. M. Duane Shuler At-Large, Seat #3
Hon. Frank P. McGowan, Jr. At-Large, Seat #4
Hon. James B. Stephen At-Large, Seat #5
Hon. James E. Lockemy At-Large, Seat #6
Rep. Gentry seconded the nominations.
Senator POPE moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the PRESIDENT announced that the Honorable Ralph King Anderson, the Honorable William T. Howell, the Honorable M. Duane Shuler, the Honorable Frank P. McGowan, Jr., the Honorable James B. Stephen, and the Honorable James E. Lockemy were duly elected to their respective positions for the terms prescribed by law.
The PRESIDENT announced that nominations were in order for the election to the position of Judge, Fifth Judicial Circuit, Seat #3.
Senator POPE, as Chairman of the Judicial Screening Committee, nominated Mr. Costa M. Pleicones of Columbia, S.C.and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Costa M. Pleicones was duly elected Judge, Fifth Judicial Circuit, Seat #3, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the election to the position of Judge, Ninth Judicial Circuit, Seat #3.
Senator McCONNELL nominated Mr. A. Victor Rawl of Charleston, S.C.
Representatives Tucker, Huff, Rogers, G. Bailey, Felder, Washington, Holt, and White and Senators WILLIAMS, POPE, LAND, and WASHINGTON seconded the nomination of Mr. Rawl.
Representative Barber nominated Mr. Condon of Mt. Pleasant, S.C.
Representatives Whipper, R. Young, Ross, Fulmer, H. Brown, Hallman, and Burch and Senator MARTSCHINK seconded the nomination of Mr. Condon.
On motion of Rep. Burch the nominations were closed.
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. Condon:
Drummond Fielding Macaulay
Martschink Rose Shealy
The following named Senators voted for Mr. Rawl:
Bryan Courson Giese
Gilbert Hayes Helmly
Hinds Hinson Holland
Land Leatherman Long
Lourie Martin Matthews
McConnell McGill Mitchell
O'Dell Passailaigue Patterson
Peeler Pope Reese
Russell Saleeby Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson
On motion of Rep. Hodges, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Condon:
Barber Brown, H. Burriss
Cato Cork Cromer
Elliott, L. Fair Fulmer
Hallman Jaskwhich Koon
Martin, D. Meacham Ross
Shirley Vaughn Whipper
Young, A. Young, R.
The following named Representatives voted for Mr. Rawl:
Alexander, M.O. Alexander, T.C. Altman
Bailey, G. Bailey, J. Bailey, K.
Baker Baxley Beasley
Beatty Bennett Boan
Brown, G. Brown, J. Bruce
Burch Carnell Chamblee
Clyborne Cole Cooper
Corbett Corning Derrick
Elliott, D. Faber Farr
Felder Foster Gentry
Glover Gonzales Harris, J.
Harris, P. Harvin Harwell
Haskins Hayes Hendricks
Hodges Holt Houck
Huff Johnson, J.C. Johnson, J.W.
Keegan Keesley Kempe
Keyserling Kinon Kirsh
Lanford Littlejohn Manly
Marchbanks Martin, L. Martin, M.
Mattos McBride McCain
McCraw McElveen McGinnis
McKay McLeod McTeer
Neilson Nettles Phillips
Rama Rhoad Rogers
Rudnick Scott Sharpe
Sheheen Smith Snow
Stoddard Sturkie Townsend
Tucker Waites Waldrop
Wells White Wilder
Wilkes Wilkins Williams, D.
Wofford Wright
Total Number of Senators voting 40
Total Number of Representatives voting 112
Grand Total 152
Necessary to a choice 77
Of which Mr. Condon received 26
Of which Mr. Rawl received 126
Whereupon, the PRESIDENT announced that the Honorable A. Victor Rawl was duly elected Judge, Ninth Judicial Circuit, Seat #3, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the election to the position of Judge, Thirteenth Judicial Circuit, Seat #3.
Representative B.L. Hendricks withdrew the name of Mr. Ernest Hamilton from consideration.
Representative Wilkins nominated Mr. Larry Patterson of Greenville, S.C.
Senators WILLIAMS, DRUMMOND, GIESE, and STILWELL and Representatives McGinnis, Felder, Clyborne, Phillips, McKay, Harwell, Cato, Mattos, Baker, Wilder, Snow, and Koon seconded the nomination of Mr. Patterson.
Senator MITCHELL nominated Mr. Willie T. Smith of Greenville, S.C.
Senators BRYAN and FIELDING and Representatives Manly, Glover, J. Brown, and Scott seconded the nomination of Mr. Smith.
On motion of Rep. Haskins the nominations were closed.
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. Patterson:
Courson Drummond Giese
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Long Lourie
Martin Martschink McConnell
McGill Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Williams Wilson
The following named Senators voted for Mr. Smith:
Bryan Fielding Gilbert
Macaulay Matthews Mitchell
O'Dell Passailaigue Patterson
Washington
On motion of Rep. Hodges, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Patterson:
Alexander, T.C. Altman Bailey, G.
Baker Barber Baxley
Beasley Bennett Boan
Brown, G. Brown, H. Bruce
Burch Burriss Cato
Chamblee Clyborne Cole
Cooper Corbett Cork
Corning Cromer Derrick
Elliott, D. Elliott, L. Fair
Farr Felder Foster
Fulmer Gentry Gonzales
Hallman Harris, J. Harris, P.
Harwell Haskins Hayes
Hendricks Hodges Houck
Huff Jaskwhich Johnson, J.C.
Johnson, J.W. Keegan Keesley
Kinon Kirsh Koon
Lanford Littlejohn Marchbanks
Martin, L. Martin, M. Mattos
McCain McElveen McGinnis
McKay McLeod Meacham
Nettles Phillips Quinn
Rama Rogers Ross
Rudnick Sharpe Sheheen
Smith Snow Stoddard
Townsend Tucker Vaughn
Waldrop Wells Wilder
Wilkins Wofford Wright
Young, A. Young, R.
The following named Representatives voted for Mr. Smith:
Alexander, M.O. Bailey, K. Beatty
Brown, J. Carnell Faber
Glover Harvin Holt
Kempe Keyserling Manly
Martin, D. McBride McCraw
McTeer Neilson Rhoad
Scott Shirley Waites
Whipper White Wilkes
Williams, D.
Total Number of Senators voting 40
Total Number of Representatives voting 111
Grand Total 151
Necessary to a choice 76
Of which Mr. Patterson received 116
Of which Mr. Smith received 35
Whereupon, the PRESIDENT announced that the Honorable Larry Patterson was duly elected Judge, Thirteenth Judicial Circuit, Seat #3, for the term prescribed by law.
The PRESIDENT announced that nominations were for the position of Judge, Fourteenth Judicial Circuit, Seat #2.
Senator POPE, Chairman of the Judicial Screening Committee, nominated Mr. Jackson Gregory of Walterboro, S.C.and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jackson Gregory was duly elected Judge, Fourteenth Judicial Circuit, Seat #2, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the election to the position of Judge, Fifteenth Judicial Circuit, Seat #2.
Senator POPE withdrew the name of John L. Breeden, Jr. from consideration.
Senator POPE, Chairman of the Judicial Screening Committee, nominated Mr. David H. Maring, Sr. of Georgetown, S.C. and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable David H. Maring, Sr. was duly elected Judge, Fifteenth Judicial Circuit, Seat #2, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the election to the position of Judge, At-Large, Seat #7.
Senator POPE withdrew the name of Mordecai C. Johnson from consideration.
Senator POPE, Chairman of the Judicial Screening Committee, nominated Mr. H. Dean Hall of Anderson, S.C. and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H. Dean Hall was duly elected Judge, Fifteenth Judicial Circuit, Seat #7, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the election to the position of Judge, At-Large, Seat #8.
Senator POPE, withdrew the names of Clyde N. Davis, Jr. and Judge Marc Westbrook from consideration.
Senator FIELDING withdrew the name of Mr. Wheeler Tillman from consideration and nominated the Honorable Paul Short, Jr. of Chester, S.C.
Senators HINSON and HAYES, on behalf of the York Delegation; Senator MARTIN, on behalf of the Fairfield Delegation; Senator WILLIAMS, on behalf of the Orangeburg Delegation; and Representatives Boan, McElveen, J.W. Johnson, Burch, Huff, J. Harris, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, G. Brown, H. Brown, J. Brown, Bruce, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Jaskwhich, J.C. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McBride, McCain, McCraw, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young seconded the nomination of Representative Short.
Whereupon, the PRESIDENT announced that the Honorable Paul Short, Jr. was duly elected Judge, At-Large, Seat #8, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the election to the position of Judge, At-Large, Seat #9.
Senator POPE withdrew the name of Mr. Thomas C. Dillard from consideration.
Senator MARTSCHINK withdrew the name of Mr. Vinton D. Lide from consideration.
Representative Keyserling withdrew the name of Mr. George O'Kelley from consideration.
Representative Hayes nominated Mr. Levy (Lee) Alford of York, S.C.
Senator HAYES, on behalf of the York Delegation, seconded the nomination of Mr. Alford.
Senator LOURIE nominated Mr. Henry McKellar of Columbia, S.C.
Senators COURSON, GIESE, PATTERSON and SHEALY and Representatives Burriss, Rogers, Huff, Cromer, P. Harris, Tucker, Wilder, McLeod, Wilkes, Beasley, Keegan, Scott, R. Young, Felder, Rama, J. Bailey, Fulmer, Vaughn, Cork, and Hallman seconded the nomination of Mr. McKellar.
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. Alford:
Bryan Fielding Gilbert
Hayes Helmly Hinds
Hinson Leatherman Long
Macaulay Martin Matthews
O'Dell Peeler Russell
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson
The following named Senators voted for Mr. McKellar:
Courson Drummond Giese
Land Lourie Martschink
McConnell McGill Mitchell
Passailaigue Patterson Pope
Rose Saleeby Setzler
Shealy Washington Williams
On motion of Rep. Hodges, with unanimous consent, the members of the House voted by electronic roll call:
The following named Representatives voted for Mr. Alford:
Alexander, M.O. Alexander, T.C. Altman
Bennett Boan Brown, H.
Bruce Burch Clyborne
Cole Fair Foster
Haskins Hayes Hodges
Jaskwhich Johnson, J.C. Johnson, J.W.
Keesley Kempe Keyserling
Kirsh Martin, D. McCain
McCraw McElveen McGinnis
McTeer Meacham Nettles
Phillips Quinn Ross
Stoddard Sturkie Waites
Wells Whipper Wilkins
Williams, D.
The following named Representatives voted for Mr. McKellar:
Bailey, G. Bailey, J. Bailey, K.
Baker Barber Baxley
Beasley Beatty Brown, G.
Brown, J. Burriss Carnell
Cato Chamblee Cooper
Corbett Cork Corning
Cromer Derrick Elliott, D.
Elliott, L. Faber Farr
Felder Fulmer Gentry
Glover Gonzales Hallman
Harris, J. Harris, P. Harvin
Harwell Hendricks Holt
Houck Huff Keegan
Kinon Koon Lanford
Manly Marchbanks Martin, L.
Martin, M. Mattos McBride
McKay McLeod Neilson
Rama Rhoad Rogers
Rudnick Scott Sharpe
Sheheen Shirley Smith
Snow Townsend Tucker
Vaughn Waldrop White
Wilder Wilkes Wofford
Wright Young, A. Young, R.
Total Number of Senators voting 38
Total Number of Representatives voting 112
Grand Total 150
Necessary to a choice 76
Of which Mr. Alford received 60
Of which Mr. McKellar received 90
Whereupon, the PRESIDENT announced that the Honorable Henry McKellar was duly elected Judge, At-Large, Seat #9, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the position of Judge, At-Large, Seat #10.
Senator POPE, Chairman of the Judicial Screening Committee, nominated Mr. Joseph Alva Wilson of Columbia, S.C. and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Joseph Alva Wilson was duly elected Judge, At-Large, Seat #10, 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 1:12 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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Tuesday, June 30, 2009 at 8:58 A.M.