Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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 St. Paul's words to the Corinthians (II Cor. 4:7 NIV):
"But we have this treasure in
jars of clay to show that this
all-surpassing power is from God
and not from us."
Let us pray.
Our heavenly Father, may the ideals of a Holy Zion, where all God's people are gathered together in the worship and the service of The One Almighty God.
May the unity of human blood be the basis of the Holy Hope toward which we should strive in an age when the world seems not to know whither it is going.
Grant that the Kingdom of love may find us daily practitioners of the spirit of kindness and mutual helpfulness as we move forward toward our common goals, in the Name of the God that loves us all.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
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.
Reappointment, Member, South Carolina Arts Commission, with term to expire June 30, 1995:
At-Large:
Mrs. Mildred H. Dent, 221 Montgomery Drive, Spartanburg, South Carolina 29302
Referred to the General Committee.
Reappointment, Member, John De La Howe School Board of Trustees, with term to expire April 1, 1997:
Mr. Francis E. Grier, 110 Overbrook Drive, Greenwood, South Carolina 29649
Referred to the Committee on Education.
Initial Appointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1996:
Psychologist:
Dr. Luther A. Diehl, 109 Camden Drive, Spartanburg, South Carolina 29302
Referred to the Committee on Medical Affairs.
January 16, 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.
Initial Appointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire June 30, 1996:
Governor's Designee:
Mr. W. Jeff Bryson, Room 308-Brown Building, 1205 Pendleton Street, Columbia, South Carolina 29201
Referred to the Committee on Medical Affairs.
Reappointment, Member, Commission on Women, with term to expire October 18, 1994:
Mrs. Mildred W. McDuffie, Post Office Box 50474, Columbia, South Carolina 29250
Referred to the General Committee.
Reappointment, Member, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1995:
Real Estate:
Ms. Doris G. Sheriff, Alliance Realty Company, 4559-A Charlotte Highway, Lake Wylie, South Carolina 29710
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1996:
Audiologist:
Ms. Jacquelyn D. Niedringhaus, 4568 Deer Run, Rock Hill, South Carolina 29732
Referred to the Committee on Medical Affairs.
Reappointment, Member, South Carolina Continuum of Care for Emotionally Disturbed Children Board, with term to expire June 30, 1996:
Region 1-Midlands:
Mrs. Brenda C. Miller, 12 Malibu Court, Columbia, South Carolina 29209
Referred to the Committee on Medical Affairs.
Reappointment, Member, Mining Council, with term to expire June 30, 1994:
Non-Govt Cons:
Dr. Frank T. Caruccio, Department of Geological Sciences-401 EWSC, University of South Carolina, Columbia, South Carolina 29208
Referred to the Committee on Agriculture and Natural Resources.
Reappointment, Spartanburg County Master-In-Equity, with term to expire June 30, 1997:
Initial Appointment under Act 678 of 1988:
Mr. Thomas J. DeZern, P.O. Box 882, Spartanburg, South Carolina 29304
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
Senator SHEALY introduced Dr. Debra G. Perina of Columbia, South Carolina, Doctor of the Day.
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.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1201 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE THE NORTH AUGUSTA BOXING CLUB FOR HOSTING THE REGION III U.S.A. BOXING OPEN DIVISION CHAMPIONSHIPS IN AIKEN COUNTY FOR THE FIRST TIME JANUARY 23, 24, 25, 1992.
On immediate consideration, the Senate Resolution was adopted.
S. 1202 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. LAWRENCE G. DERTHICK, JR., SUMTER SCHOOL DISTRICT 17 SUPERINTENDENT, WHO DIED ON FRIDAY, JANUARY 3, 1992.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1203 -- Senator Setzler: A BILL TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.
Read the first time and referred to the Committee on Education.
S. 1204 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
Read the first time and referred to the General Committee.
S. 1205 -- Senator Drummond: A BILL TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.
Read the first time and referred to the General Committee.
S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: A BILL TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.
Read the first time and referred to the Committee on Judiciary.
S. 1207 -- Senators Giese, Courson, Wilson, Rose and Courtney: A BILL TO AMEND SECTION 7-13-1310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF COUNTIES TO PROCURE AND AUTHORIZE USE OF VOTE RECORDERS, SO AS TO DELETE A PROVISION WHICH MAKES THIS AUTHORITY SUBJECT TO THE WRITTEN APPROVAL OF A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, INCLUDING A MAJORITY OF THE SENATORS.
Read the first time and referred to the Committee on Judiciary.
S. 1208 -- Senator Drummond: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4176 -- Reps. Baker, M.O. Alexander, Anderson, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 30, JENNINGS MILL, PRECINCT 77, CHESTNUT HILLS, PRECINCT 80, PARAMOUNT, PRECINCT 86, WELLINGTON, AND PRECINCT 90, DEVENGER.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4213 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING CLARENDON MEMORIAL HOSPITAL ON ITS FORTIETH ANNIVERSARY OF OUTSTANDING AND DEDICATED MEDICAL SERVICE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
On motion of Senator WILLIAMS, with unanimous consent, the Report of the Committee of Conference on S. 362 was taken up for immediate consideration; provided, that on motion of the Chairman of the Judiciary Committee, the Senate would proceed immediately to take up any matters pertaining to reapportionment and that S. 362 would again be considered upon final consideration to the reapportionment bill(s) pending.
Senator PEELER moved that the Report of the Committee of Conference be adopted.
Senator LAND argued contra to the adoption of the Report.
Senator HOLLAND argued contra to the adoption of the Report.
Consideration was interrupted by recess.
At 1:37 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:50 P.M. and was called to order by the PRESIDENT.
Columbia, S.C., September 23, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill:
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Very respectfully,
Speaker of the House
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
The Senate resumed consideration of the Report of the Committee of Conference.
Senator MITCHELL argued in favor of the Report of the Committee of Conference.
Senator GILBERT argued in favor of the Report of the Committee of Conference.
Senator LOURIE argued contra to the adoption of the Report of the Committee of Conference.
On motion of Senator LOURIE, with unanimous consent, the following letter was ordered printed in the Journal:
January 21, 1992
Senator Isadore E. Lourie
State Senate District No. 21
303 Gressette Building
Columbia, South Carolina 29202
Dear Senator Lourie:
You have inquired if it is possible, in primary elections in counties using voting machines, to have more than one party's ballot on a machine and lock voters into only the party primary in which they choose to vote.
Voting machines in South Carolina have a lock-in feature built into each machine. This feature allows more than one party's primary ballot to be placed on a voting machine and allows a poll worker to lock a voter into the primary ballot of the political party that the voter selects. The voter can only vote in the primary election of the party selected; he cannot cross over and vote in another party's primary after he is locked into his selected party's primary ballot.
The voter would, however, have to notify a manager stationed at the machine of the party primary in which he wished to vote. This lock-in operation must be done by a manager trained in the operation of the voting machine and would, of necessity, run counter to the proposed concept of anonymity in the voter's selection of a party primary.
I hope that this information is helpful. If I can be of further assistance, please don't hesitate to call on me.
Sincerely,
James F. Hendrix
Deputy Director
Senator LEVENTIS argued in favor of the adoption of the Report of the Committee of Conference.
Senator BRYAN argued in favor of the adoption of the Report of the Committee of Conference.
Senator BRYAN moved that the Report of the Committee of Conference be adopted.
A roll call vote was ordered.
Senator HOLLAND asked unanimous consent to be granted leave to address the Senate with brief remarks and to make a Sense of the Senate motion to instruct the Conferees to return to the Committee of Conference to consider the possibility of a consolidated ballot without crossover voting being included in the Report prior to addressing the question of the adoption of the Report.
Senator BRYAN raised a Point of Order that the motion to adopt the Report of the Committee of Conference, if adopted, was the Sense of the Senate.
Senator MOORE asked unanimous consent that Senator HOLLAND be granted leave to address brief remarks to the Senate prior to the taking of the roll call vote.
Senator BRYAN objected.
Senator LAND, with unanimous consent, was granted leave to address the Senate with brief remarks.
Senator LAND asked unanimous consent to make a motion that a roll call vote be taken on the the Sense of the Senate motion to instruct the Conferees to return to the Committee of Conference to consider the possibility of a consolidated ballot without crossover voting being included in the Report and then proceeding immediately to a roll call vote, regardless of the outcome on the Sense of the Senate motion, on the adoption of the Report.
Senator GIESE made a Parliamentary Inquiry as to whether or not the Sense of the Senate motion required a two-thirds or three-quarter vote for passage.
Senator PEELER, with unanimous consent, was granted leave to address the Senate with brief remarks.
Senators LEVENTIS and GILBERT objected to the unanimous consent request.
Senator LAND moved that a roll call vote be taken on the Sense of the Senate motion to instruct the Conferees to return to the Committee of Conference to consider the possibility of a consolidated ballot without crossover voting being included in the Report and then proceeding immediately to a roll call vote, regardless of the outcome on the Sense of the Senate motion, on the adoption of the Report.
Senator MITCHELL moved to table the motion.
Senator STILWELL raised a Point of Order that the motion to table was a nondebatable motion.
The PRESIDENT sustained the Point of Order.
Senator MITCHELL withdrew the motion to table.
Senator GILBERT removed his objection to the unanimous consent request.
The question then was the motion made by Senator LAND that a roll call vote be taken on the Sense of the Senate motion to instruct the Conferees to return to the Committee of Conference to consider the possibility of a consolidated ballot without crossover voting being included in the Report and then proceeding immediately to a roll call vote, regardless of the outcome on the Sense of the Senate motion, on the adoption of the Report.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Hinds Holland Land
Lourie Macaulay Martin
Mullinax Saleeby Williams
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinson Leatherman
Leventis Martschink Matthews
McConnell McGill Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Wilson
The Sense of the Senate motion failed.
The question then was the adoption of the Report of the Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson
McConnell Shealy
The Report of the Committee of Conference on S. 362 was adopted as follows and a message was sent to the House accordingly:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
SECTION 1. Section 7-13-35 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:
"Section 7-13-35. The authority charged by law with conducting an election shall publish two notices of general, special, and primary elections held in the county or municipality, except municipal elections, in a newspaper of general circulation in the county or municipality. Included in each notice must be a reminder of the last day persons may register to be eligible to vote in the election for which notice is given, notification of the date, time, and location of the hearing on ballots challenged in the election, a list of the precincts involved in the election, and the location of the polling places in each of the precincts, and notification that the process of examining the return-addressed envelopes containing absentee ballots will begin at 2:00 p.m. on election day. The first notice must appear not later than sixty days before the election and the second notice must appear not later than two weeks after the first notice."
SECTION 2. Section 7-13-40 of the 1976 Code, as last amended by Act 363 of 1988, is further amended to read:
"Section 7-13-40. In the event that a party shall nominate nominates candidates by party primary election, a party primary election must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary election each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on May first, or if May first falls on a Sunday, not later than twelve o'clock noon on the following Monday. The filing fees for candidates whose names are on ballots to be voted on in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION 3. Section 7-13-50 of the 1976 Code, as last amended by Act 364 of 1988, is further amended to read:
"Section 7-13-50. A second primary, when necessary, must be held two weeks after the first and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county chairman election commission or the state chairman State Election Commission, as appropriate."
SECTION 4. Section 7-13-60 of the 1976 Code is amended to read:
"Section 7-13-60. The polls must be opened at seven o'clock in the forenoon a.m. and close closed at seven o'clock in the afternoon p.m. of the day of election and must be held open during these hours without intermission or adjournment;. but the county committee may close any poll or all polls within any county in any primary election, at an earlier hour."
SECTION 5. Section 7-13-70 of the 1976 Code, as last amended by Act 497 of 1990, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the Senator senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county; and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: `I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.'
It must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 6. Section 7-13-610 of the 1976 Code is amended to read:
"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party shall must contain in print only the names of all the candidates who have filed to run in that particular party primary and shall must have a stub at the top perforated so as to be easily detached. On the stub shall must be printed `Official State (or County) Ballot, (name of party) Primary', Club______ No.______ the name of the county and the precinct, and the date of the primary. On the right side there shall must be a blank line under which shall must be printed `Initials of Issuing Officer'. The numbers shall run seriatim for each club Stubs on ballots for each precinct must be numbered consecutively, beginning with `No. 1'. The ballots shall must be furnished by the State committee Election Commission for all except members of the General Assembly, county officers, congressmen less than county officers, and circuit solicitors, for which the county committee election commission shall furnish the ballots. One ballot shall must contain the names of all persons running for State state and federal offices and United States Senator. The other ballot shall must contain the names of all persons running for the General Assembly, county offices, congressmen less than county officers, and solicitors.
All ballots Ballots furnished by the State committee Election Commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official State Ballot'. and all ballots Ballots furnished by the county committee election commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official County Ballot'.
The State ballot shall be printed on yellow paper and the boxes in which it is to be deposited shall be painted the same color. The county ballot shall be printed on plain white paper and the boxes in which it is to be deposited shall be painted white. The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper. The ballot shall must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice. The State Election Commission is hereby empowered to establish, under Chapter 23 of Title 1, such rules and regulations as are necessary for the proper administration of this section."
SECTION 7. Article 5, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-611. The arrangement of each `Official County Ballot' for each primary, containing the names of candidates for office, must conform as nearly as practicable to the following plan and contain specified instructions and no others:
(NAME OF PARTY)
NO:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
, 19
(DATE OF ELECTION)
(NAME OF PRECINCT)
INSTRUCTIONS - Make a cross (X) in the voting square ( [ ]) opposite the name of each candidate on the ballot for whom you wish to vote. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
You may vote for one, less than one, but not more than one candidate.
SHERIFF / ONE SEAT TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
You may vote for three, less than three, but not more than three candidates.
COUNTY COUNCIL / THREE SEATS TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
Each `Official State Ballot' similarly must conform to the plan set forth in this section.
The State Election Commission is hereby empowered to promulgate such rules and regulations under Chapter 23 of Title 1 as are necessary for the arrangement of the official county ballot."
SECTION 8. Section 7-13-830 of the 1976 Code, as last amended by Act 472 of 1988, is further amended to read:
"Section 7-13-830. When any person is so challenged, the manager shall explain to him the qualifications of an elector and may examine his as to the same. If the person insists that he is qualified and the challenge is not withdrawn, his vote must be received and placed in an envelope on which must be written the name of the voter and that of the challenger. The challenged votes must be kept separate and apart and not counted but turned over to the commissioners of election or the county committee other authority having supervision of the election. At the meeting specified in either Section 7-17-10 or 7-17-510, whichever is applicable, this authority shall hear all objections to these votes, and when no person appears or offers evidence before the meeting to sustain an objection made at the polls, the ballot is no longer a challenged ballot. When the challenger appears or produces witnesses or evidence in support of the challenge, the committee authority in charge shall proceed to hear and determine the question. Its decision is final. Each ballot which is no longer challenged and each ballot whose challenge was decided in favor of the voter must be removed from the envelope, mingled, and counted and the totals added to the previously counted regular ballot total of all precincts without attribution to a particular precinct. If the voting at the voting place is being done upon a voting machine, the managers shall provide a paper ballot which must be placed in an envelope and treated as provided in this section.
Where, pursuant to Section 7-13-820, a person's name could not be verified by the registration board or where a telephone was not available and the person was allowed to vote a challenged ballot, the Board of Voter Registration, before the meeting, shall certify to the authority in charge whether or not the voter is a qualified elector of the precinct in which he voted his challenged ballot. If the board certifies the person challenged is not a qualified elector of the precinct, this certification is considered an administrative challenge and is clear and convincing evidence for the meeting authority to disallow the ballot. Nothing in this section prohibits the county election commission from continuing any challenge administratively as long as it has evidence to sustain the challenge."
SECTION 9. Section 7-15-420 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:
"Section 7-15-420. The county election commission, municipal election commission, county committee for each political party, or executive committee of each municipal party in the case of municipal primary elections are responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers that have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No ballot may be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked `Ballot Herein' removed and placed in a locked box or boxes. After the polls close and all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked `Ballot Herein', placing each one in the ballot box provided for the applicable contest. When all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. If any ballot is challenged, the return-addressed envelope may not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot."
SECTION 10. Section 7-15-450 of the 1976 Code is amended to read:
"Section 7-15-450. This article shall apply applies to political parties holding conducting a primary and any other authorities conducting an election."
SECTION 11. Section 7-17-510 of the 1976 Code is amended to read:
"Section 7-17-510. The county committees shall assemble at their respective courthouses on the morning of the second day after the election at eleven in the forenoon to tabulate the returns and declare the results of the primary, so far as it relates to members of the General Assembly and county officers and shall forward immediately to the State chairman at Columbia the result of the election in their respective counties for United States Senator, State officers, congressmen and solicitors. The State committee shall proceed to canvass the vote and declare the result of the primary in the State as to such last named officers. The commissioners of election for the counties shall meet in a convenient place in the county seat on the Thursday next following the primary, before one o'clock p.m. of that day and shall organize as the county board of canvassers for primaries. They may appoint a competent person as secretary. The chairman shall administer the constitutional oath to each member of the board and to the secretary. The secretary shall administer to the chairman the same oath. Each county board of canvassers for primaries shall canvass the votes of the county and declare the results. The county board of canvassers for primaries shall make statements of the votes of the precincts of its county as the nature of the primary requires not later than twelve o'clock noon on the Saturday next following the primary and at that time transmit and certify to the Board of State Canvassers the results of its findings. This procedure must be repeated following every primary runoff. The Board of State Canvassers shall meet at the office of the State Election Commission and shall canvass the vote and declare the results of the primaries and the runoffs no later than twelve o' clock noon on the Saturday next following the primary in the State for state offices, federal offices, and offices involving more than one county."
SECTION 12. Section 7-17-570 of the 1976 Code is amended to read:
"Section 7-17-570. The executive committee shall hear the protest or contest on Thursday following the deadline for filing the same. Testimony at the hearing shall be limited to the grounds stated in the written protest.
The protestant and each other candidate in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses and to produce evidence relevant to the grounds of the protest. The chairman of the committee shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the committee shall determine all issues by majority vote and forthwith certify the results of the election. The State Election Commission shall pay for the costs of the court reporter and the transcript of the hearing.
The committee shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall be immediately notified of the committee's decision."
SECTION 13. Section 7-25-140 of the 1976 Code is amended to read:
"Section 7-25-140. The county committee authority responsible under law in any for conducting a party primary and the commissioners of election or other electoral board in general and special elections in their discretion may post, or cause to be posted, a copy of Sections 7-25-120 to 7-25-140, printed on cardboard in as large type as a board twelve by twelve inches will carry, in each and every polling precinct."
SECTION 14. Nothing in this act nor any other provision of law may be construed as prohibiting the political parties in this State from conducting, according to their own rules and at the party's expense, presidential preference or advisory primaries.
SECTION 15. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis.
SECTION 16. Except for municipal primaries, all primaries for national offices, excluding the office of president, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year.
SECTION 17. Sections 7-9-110 and 7-13-90 of the 1976 Code are repealed.
SECTION 18. This act takes effect upon approval by the Governor but only if funded by the General Assembly.
Amend title to conform.
/s/Harvey S. Peeler, Jr. /s/James H. Hodges
/s/Joe Wilson /s/Terry E. Haskins
/s/Kay Patterson /s/Joseph T. McElveen, Jr.
On Part of the Senate. On Part of the House.
Senator PATTERSON rose to a Point of Privilege.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 1067 -- Senators Setzler and Rose: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE AREAS OF NEED WHICH JUSTIFY CANCELLATION OF THE STUDENT LOAN AT A SPECIFIED RATE AND TO PROVIDE THAT BEGINNING JULY 1, 1989, RECIPIENTS OF A SOUTH CAROLINA STUDENT LOAN MAY HAVE THEIR LOANS CANCELED AT AN ACCELERATED RATE IF THEY TEACH IN BOTH AN ACADEMIC CRITICAL NEED AREA AND IN A GEOGRAPHIC NEED AREA.
The Senate proceeded to a consideration of the Bill. The question being adoption of the amendment proposed by the Committee on Education.
Senator SETZLER asked unanimous consent to substitute the committee amendment.
There was no objection.
The amendment proposed by the Committee on Education (EDU 1067.03) was adopted as follows:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 59-26-20(o) of the 1976 Code is amended to read:
"The Commission on Higher Education in consultation with the State Department of Education and the staff of the South Carolina Student Loan Corporation, shall develop a Governor's Teaching Scholarship Loan Program to provide talented and qualified state residents loans not to exceed five thousand dollars a year to attend public or private colleges and universities for the purpose of becoming certified teachers employed in the public schools of this State. The recipient of a loan is entitled to have up to one hundred percent of the amount of the loan plus the interest on the loan canceled if he becomes certified and teaches in the public schools of this State for at least five years. The loan is canceled at the rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in a public school. However, beginning July 1, 1990, the loan is canceled at the rate of thirty-three and one-third percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year of teaching service in both an academic critical need area and a geographic need area as defined annually by the State Board of Education. In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation or deferment of the loan on time, or noncompliance by a borrower with the purpose of the loan, the entire unpaid indebtedness plus interest is, at the option of the commission, immediately due and payable. The recipient shall execute the necessary legal documents to reflect his obligation and the terms and conditions of the loan. The loan program must be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose of making additional loans. Appropriations for loans and administrative costs must come from the Education Improvement Act of 1984 Fund, on the recommendation of the Commission on Higher Education to the State Treasurer, for use by the corporation. The select committee shall review this scholarship loan program annually and report its findings and recommendations to the General Assembly. For purposes of this item, a `talented and qualified state resident' includes freshmen students who graduate in the top ten percentile of their high school class, or who receive a combined verbal plus mathematics Scholastic Aptitude Test score of at least eleven hundred and enrolled students who have completed one year (two semesters or the equivalent) of collegiate work and who have earned a cumulative grade point average of at least 3.5 on a 4.0 scale. To remain eligible for the loan while in college, the student must maintain at least a 3.0 grade point average on a 4.0 scale."/
Renumber sections to conform.
Amend title to conform.
Senator SETZLER 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.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
S. 1080 -- Senators J. Verne Smith, Mitchell, Bryan and Stilwell: A BILL TO AMEND ACT 743 OF 1962, AS AMENDED, RELATING TO THE GREENVILLE COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO ENLARGE THE MEMBERSHIP OF THE COMMISSION TO INCLUDE AN EXECUTIVE OFFICER OF THE GREENVILLE HIGHER EDUCATION CENTER ADVISORY COUNCIL.
H. 3351 -- Rep. Cromer: A BILL TO AMEND SECTION 59-111-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR PERSONS AGE SIXTY OR OVER TO ATTEND CLASSES AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS WITHOUT PAYMENT OF TUITION, SO AS TO DELETE A PROVISION WHICH PREVENTS THE PERSON FROM BEING ENTITLED TO FREE TUITION IF HIS SPOUSE RECEIVES COMPENSATION AS A FULL-TIME EMPLOYEE.
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.
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.
The Senate proceeded to a consideration of the Bill. The question being adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD 613.001) was adopted as follows:
Amend the bill, as and if amended, page 1, line 31, in Section 7-17-65, as contained in SECTION 1, by striking /it may appeal from the decision/ and inserting therein /the decision may appeal it/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 875 -- Senator Macaulay: A BILL TO AMEND SECTION 32-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE PRENEED BURIAL CONTRACTS, SO AS TO ADD THE DEFINITION OF `COMMON TRUST FUND'; AND TO AMEND SECTION 32-7-20, RELATING TO PRENEED BURIAL CONTRACTS, PAYMENTS, AND TRUST FUNDS, SO AS TO PROVIDE THAT ONE HUNDRED PERCENT OF FUNDS RECEIVED FOR A PRENEED BURIAL VAULT MUST BE HELD BY THE SELLER IN TRUST.
The Senate proceeded to a consideration of the Bill. The question being adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD 875.001) was adopted as follows:
Amend the bill, as and if amended, page 1, beginning on line 40, by striking Section 3 in its entirety and inserting therein the following:
/SECTION 3. This act takes effect upon approval by the Governor except for Section 1, which is effective for taxable years beginning after 1991./ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 828 -- Senator McConnell: A BILL TO AMEND SECTION 6-7-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING BY MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE FOR MITIGATION WHEN INCREASED TRAFFIC CONGESTION IS ANTICIPATED AS A RESULT OF THE GRANTING OF A ZONING VARIANCE OR REGULATION AND PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Bill. The question being the Second Reading of the Bill.
Senator McCONNELL explained the Bill.
Senator LEATHERMAN objected to further consideration of the Bill.
S. 852 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HODLER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, AND TO PROVIDE A PENALTY.
The Senate proceeded to a consideration of the Bill. The question being the Second Reading of the Bill.
Senator STILWELL proposed the following amendment (JUD852.001):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 61-9-180 of the 1976 Code is repealed./ .
Amend title to conform.
Senator STILWELL explained the amendment.
On motion of Senator THOMAS, the Bill was carried over.
H. 3603 -- Reps. Waites and Kinon: A BILL TO AMEND SECTION 27-18-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOLDING OF INTANGIBLE PROPERTY FOR THE OWNER BY A COURT, STATE, OR OTHER GOVERNMENT, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE HOLDING TIME FOR PROPERTY BEFORE IT IS DECLARED ABANDONED.
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 (JUD3603.002) was adopted as follows:
Amend the bill, as and if amended, by adding an appropriately numbered section to the bill to read:
/SECTION . Section 4-11-90 of the 1976 Code is hereby repealed./
Renumber remaining sections to conform.
Amend title to conform.
On motion of Senator DRUMMOND, the Bill was 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.
Senator HOLLAND spoke on the Bill.
On motion of Senator HOLLAND, the Bill was carried over.
S. 665 -- Senator Peeler: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "PARDON", SO AS TO PROVIDE THAT A PARDON OF A CONVICTION DOES NOT PRECLUDE THE CONVICTION RECORD FROM BEING CONSIDERED AS A PRIOR OFFENSE UNDER A STATUTE INCREASING THE PENALTY FOR A SUBSEQUENT OFFENSE.
On motion of Senator PEELER, the Bill was carried over.
MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate adjourned out of respect to the memory of Mrs. Melanee R. Williams-Smalls of Charleston, S.C.
At 4:55 P.M., on motion of Senator MOORE, 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.