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 again the words of King David in Psalm 139 (vv.8-10): in the majestic cadences of the King James Version:
"If I ascend up to heaven, Thou art there: if I
make my bed in hell, behold, Thou art there. If
I take the wings of the morning, and dwell in the
uttermost parts of the sea; even there shall Thy
hand lead me, and Thy right hand shall hold me."
Let us pray.
O Lord, give us such a sense of Your Presence in this place... in the offices... the conference rooms... and beneath this great dome... that we may know that this, too, is Your House... and not Caesar's alone.
You have made a marvelous and wonder-filled Universe... and given us a home, for awhile, here... and work to do... here... today.
We praise You for it!
Equip us now to do a good job... as Your faithful servants.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 1489
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Yard Trash and Land-Clearing Debris; and Compost
Received By Lt. Governor April 15, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date March 22, 1993
Withdrawn and resubmitted February 3, 1993
Senator RANKIN introduced Dr. Thomas Whitaker of Myrtle Beach,
South Carolina, Doctor of the Day.
At 12:15 P.M., Senator COURSON requested a leave of absence beginning at 1:00 P.M.
On motion of Senator COURTNEY, at 12:15 P.M., Senator WALDREP was granted a leave of absence for today.
At 12:45 P.M., Senator SALEEBY requested a leave of absence for the balance of the day.
At 1:45 P.M., Senator RICHTER requested a leave of absence for all of next week.
Senator ROSE rose to a Point of Personal Privilege.
On motion of Senator DRUMMOND, with unanimous consent, the following meeting schedule for the Senate was adopted:
In an effort to provide adequate time for the Senate committees and subcommittees to consider legislation early in the session, and to ensure the smooth flow of legislation to committees while giving the members time to hold and attend subcommittee meetings, it is recommended that we go to this modified schedule as outlined below:
Friday, February 5 - Senate meets for local uncontested matters only.
Tuesday, February 9 - Senate meets in regular session at 12:00 Noon.
Wednesday, February 10 - Senate meets in statewide session for local uncontested matters and to receive committee reports, introduction of bills and resolutions, and referral to appropriate committees only.
Thursday, February 11 - Senate meets in regular session at 12:00 Noon.
Friday, February 12 - Senate meets for local uncontested matters only.
Tuesday, February 16 - Senate meets in statewide session for local uncontested matters and to receive committee reports, introduction of bills and resolutions, and referral to appropriate committees only.
Wednesday, February 17 - Senate meets in statewide session for local uncontested matters and to receive committee reports, introduction of bills and resolutions, and referral to appropriate committees only.
Thursday, February 18 - Senate meets in regular session at 12:00 Noon.
The Senate may at any time reconsider any of the above.
The following were introduced:
S. 358 -- Senator Cork: A SENATE RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF COLONEL JAMES POTTER RATHBUN OF BRICKYARD POINT PLANTATION ON LADY'S ISLAND.
The Senate Resolution was adopted.
S. 359 -- Senator Cork: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MRS. ANN HOLDEN LUCAS OF BEAUFORT WHO DIED FRIDAY, JANUARY 29, 1993.
The Senate Resolution was adopted.
S. 360 -- Senators O'Dell and Bryan: A SENATE RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF MR. DOUG COUVART FOR HIS THIRTY YEARS OF DEDICATED SERVICE TO THE PIEDMONT COMMUNITY.
The Senate Resolution was adopted.
S. 361 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. FREDERICK A. NUESSLE OF AIKEN.
The Senate Resolution was adopted.
S. 362 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF ROGER F. MITTELBERG OF AIKEN WHO DIED JANUARY 17, 1993.
The Senate Resolution was adopted.
S. 363 -- Senators Ford, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A SENATE RESOLUTION COMMENDING JIMMY BROWN OF CHARLESTON AND DANIEL JOHNSON OF LAUREL, MARYLAND, BOTH CADETS AT THE CITADEL IN CHARLESTON FOR THEIR EXTRAORDINARY ACTS OF HEROISM.
Whereas, Jimmy Brown of Charleston, an eighteen year old freshman member of the football team at the Citadel who graduated in 1992 from St. Andrews High School and Daniel Johnson of Laurel, Maryland, a twenty-two year old senior member of the football team at the Citadel are deserving of recognition by this body for their kind and unselfish acts; and
Whereas, Ms. Patty Weathers, a secretary at the Medical University Hospital was walking to her car from her office Monday, February 1, 1993, when a young man grabbed her purse. Brown and Johnson, both track team members as well as football players, were jogging near the hospital and witnessed the crime. The cadets took chase, easily caught the alleged purse grabber, and delivered him to a police officer driving by the scene. Medical University of South Carolina-College of Charleston Public Safety officers charged the boy with strong armed robbery and assault and battery. He is being held by the State Division of Youth Services; and
Whereas, Citadel spokesman Rick Mill said Brown's and Johnson's response to the purse snatching was typical of cadets. "That's one of the things the cadets learn: When they are out in town and they see citizens in trouble, they should help out"; and
Whereas, Johnson is also credited with saving the life of a fellow cadet, Layne Dellinger, a teammate on Citadel's football team, who was cut with a bottle on Market Street early January 31, 1993. Johnson put his fingers into Dellinger's neck to stop the bleeding until emergency medical personnel arrived; and
Whereas, Johnson is majoring in political science and also studying law and criminal justice. Whether he chooses law enforcement or law as his profession, Johnson already has proven his ability to succeed; and
Whereas, the members of the Senate are extremely proud to have this opportunity to recognize these fine young men and thank them for their acts of heroism and deeds of kindness. Today the members of the Senate of the State of South Carolina honor Cadet Jimmy Brown and Cadet Daniel Johnson and will follow their futures with great interest as we know they both have much more to give to their community and State. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate commend Jimmy Brown of Charleston and Daniel Johnson of Laurel, Maryland, both cadets at the Citadel in Charleston for their extraordinary acts of heroism.
Be it further resolved that a copy of this resolution be forwarded to Cadet Jimmy Brown and Cadet Daniel Johnson.
The Senate Resolution was adopted.
S. 364 -- Senators J. Verne Smith, Mitchell, Stilwell, Thomas and Bryan: A CONCURRENT RESOLUTION TO RECOGNIZE BETTY PEACE STALL AND HER FAMILY FOR THEIR CONTINUING EFFORTS TO BRING INTO EXISTENCE THE PEACE CENTER FOR THE PERFORMING ARTS IN GREENVILLE, SOUTH CAROLINA, AND TO THANK HER FOR HER SERVICE AND DEDICATION TO THE GREENVILLE COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 365 -- Senators Setzler, Mitchell, O'Dell, Peeler, Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, MR. ROGER MILLIKEN OF SPARTANBURG, UPON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 366 -- Senators Land and Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF JOYCE KINLAW OF MANNING, SOUTH CAROLINA, WHO DIED ON FEBRUARY 3, 1993.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 367 -- Senators Drummond, Courtney, Ryberg, Patterson, Macaulay, Wilson, Leventis, Bryan, Waldrep, J. Verne Smith, Giese, McGill, Rose, O'Dell, Setzler, Land, Courson, Peeler, Passailaigue, Hayes, Washington, Matthews, Thomas, Rankin and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Read the first time and referred to the Committee on Finance.
S. 368 -- Senator Drummond: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.
Read the first time and referred to the Committee on Finance.
S. 369 -- Senators Passailaigue, Rose, Richter, Ford, Greg Smith, McConnell and Washington: A JOINT RESOLUTION TO CREATE THE BATTLESHIP MISSOURI MEMORIAL COMMISSION FOR THE PURPOSE OF NEGOTIATING WITH THE DEFENSE DEPARTMENT, THROUGH THE SOUTH CAROLINA CONGRESSIONAL DELEGATION, FOR THE DONATION OF THE DECOMMISSIONED BATTLESHIP MISSOURI, TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, AND TO RAISE THE NECESSARY FUNDING AND TAKE THE STEPS NECESSARY TO TRANSPORT THE VESSEL TO THE STATE OF SOUTH CAROLINA.
Read the first time and referred to the General Committee.
S. 370 -- Senators Wilson, Russell and Giese: A BILL TO AMEND SECTIONS 23-8-10, 23-8-20, AND 23-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE FIRE COMMISSION, SO AS TO REDUCE THE COMMISSION MEMBERSHIP FROM NINETEEN TO EIGHTEEN MEMBERS BY DELETING THE FIRE CHIEF ELECTED AT LARGE BY THE GENERAL ASSEMBLY WHO SERVES AS CHAIRMAN AND PROVIDING THAT THE COMMISSION SHALL ELECT THE CHAIRMAN, TO PROVIDE THAT THE CONSUMER REPRESENTATIVE ON THE COMMISSION MAY NOT BE FROM ONE OF THE PROFESSIONS MANDATED FOR OTHER BOARD MEMBERS, AND TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD MAY REQUIRE THE STATE FIRE COMMISSION TO RECOMMEND ADDITIONAL CANDIDATES FOR STATE FIRE MARSHAL AND TO DELETE REFERENCES TO THE REJECTION OF CANDIDATES.
Read the first time and referred to the General Committee.
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
Read the first time and referred to the Committee on Judiciary.
S. 372 -- Senators Hayes and Waldrep: A BILL TO AMEND SECTION 5-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS.
Read the first time and referred to the Committee on Judiciary.
S. 373 -- Senators Peeler and Richter: A BILL TO AMEND SECTION 40-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO INCREASE THE PODIATRIST MEMBERS OF THE BOARD FROM THREE TO FOUR AND TO PROVIDE FOR NOMINEES TO THE BOARD TO BE SELECTED IN AN ELECTION BY AND FROM PODIATRISTS LICENSED IN THIS STATE.
Read the first time and referred to the Committee on Medical Affairs.
S. 374 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ONE-QUARTER MILE OFF-SHORE LINE AND TAKING AMERICAN EELS AND CATFISH IN CERTAIN WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1589, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 375 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO PARR HYDROELECTRIC PROJECT FISH AND GAME MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1590, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 376 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO REPEAL OF REGULATIONS CHANGED BY STATUTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 377 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 378 -- Senators Rankin, Elliott and Greg Smith: A JOINT RESOLUTION TO PROVIDE FOR MAKING UP AN EDUCATION FINANCE ACT ALLOCATION UNDERPAYMENT TO A SCHOOL DISTRICT RESULTING FROM AN ERROR IN THE PREPARATION OF THE DISTRICT'S INDEX OF TAXPAYING ABILITY FOR SCHOOL YEAR 1992-93, TO REQUIRE THE UNDERPAYMENT TO BE MADE UP IN EFA DISTRIBUTIONS TO THE DISTRICT OVER THE SUCCEEDING TWO SCHOOL YEARS, TO PROVIDE FOR EFA ALLOTMENT CALCULATIONS DURING THE PAYBACK PERIOD, AND TO REQUIRE THE UNDERPAYMENT TO EXCEED TEN PERCENT FOR THE DISTRICT TO BE ELIGIBLE FOR THE MAKEUP PAYMENT.
Read the first time and on motion of Senator G. SMITH, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator RANKIN, S. 378 was order to receive a second reading with notice of general amendments on Friday, February 5, 1993.
S. 379 -- Senator Martin: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD PICKENS COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator MARTIN, S. 379 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 380 -- Senator Martin: A BILL TO AMEND ACT 610 OF 1984, RELATING TO THE SINKING FUND COMMISSION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO ADD THE SUPERINTENDENT OF EDUCATION FOR THE PICKENS COUNTY SCHOOL DISTRICT TO THE SINKING FUND COMMISSION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator MARTIN, S. 380 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3354 -- Reps. Scott, J. Bailey, J. Wilder, Allison, Neal, Harrell, Rhoad, Harrison, Gonzales, P. Harris, Thomas, Riser, Townsend, Snow, Robinson, Jennings, Canty, Spearman, Delleney, Worley, D. Smith, Hines, Hodges, Lanford, T.C. Alexander, Carnell, Wells, Corning, Witherspoon, Williams, McAbee, Kennedy, Richardson, Haskins, McTeer, McMahand, Boan, Baker, Inabinett, Breeland, Govan, G. Bailey, Sheheen, G. Brown, Jaskwhich, Graham, Law, Sturkie, Koon, Wright, White, Cooper, Baxley, Harrelson, McLeod, Byrd, Shissias, Neilson, Stille, Sharpe, Tucker, Holt, Whipper, Waites and Hallman: A CONCURRENT RESOLUTION TO COMMEND FORMER GOVERNOR RICHARD W. RILEY ON BEING SELECTED AS SECRETARY OF THE UNITED STATES DEPARTMENT OF EDUCATION.
Whereas, former Governor Richard W. Riley of Greenville was selected by President Clinton to head the United States Department of Education; and
Whereas, the nomination signaled the commitment of the Clinton administration to reforming education in America; and
Whereas, Dick Riley earned the respect of President Clinton while the two men were governors working on education issues; and
Whereas, President Clinton appointed Governor Riley to his transition team to select personnel for the new administration; and
Whereas, Governor Riley, during his two terms as Governor of South Carolina, led a battle to bring broad educational reforms to this state's public schools; and
Whereas, Governor Riley forged a coalition between politicians, businesses, parents' and teachers' groups to support an increase in sales tax to be used to fund educational improvements; and
Whereas, now Secretary Riley is responsible for setting the policies for and administering federal education assistance in a thirty-five billion a year, fifty-two hundred employee department; and
Whereas, Secretary Riley will face issues such as the plummeting national test scores for elementary and middle school children, using vouchers to pay for private school with public money, and business participation in education reform; and
Whereas, Secretary Riley has chosen many people with his ideals to be part of the Department of Education, including many South Carolinians. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly commend former Governor Richard W. Riley on being selected as Secretary of the United States Department of Education.
Be it further resolved that a copy of this resolution be forwarded to The Honorable Richard W. Riley.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3410 -- Reps. Phillips, Carnell, Kinon, Marchbanks and Robinson: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, MR. ROGER MILLIKEN OF SPARTANBURG, UPON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3415 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND THE INSTITUTE OF INTERNAL AUDITORS AND ITS FIFTY THOUSAND MEMBERS WORLDWIDE FOR ITS MANY CONTRIBUTIONS IN THE FIELDS OF BUSINESS, INDUSTRY, GOVERNMENT, AND EDUCATION, TO ALSO COMMEND THE PALMETTO CHAPTER OF THE INSTITUTE AND ITS DISTINGUISHED MEMBERS FOR THEIR PROFESSIONALISM AND ACCOMPLISHMENTS IN INTERNAL AUDITING, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF FEBRUARY, 1993, AS "CERTIFIED INTERNAL AUDITOR MONTH" IN SOUTH CAROLINA.
Whereas, the Institute of Internal Auditors is an international professional association representing nearly fifty thousand internal auditors in business, industry, government, and education in more than one hundred countries, and the Institute is celebrating "Certified Internal Auditor Month" in February; and
Whereas, the Institute of Internal Auditors serves as the recognized authority on the internal auditing profession, provides comprehensive professional development activities and standards for the practice of internal auditing, and researches, disseminates, and promotes knowledge and information concerning internal auditing; and
Whereas, the Institute of Internal Auditors established the Certified Internal Auditor program in December, 1972, to enhance the recognition of internal auditing and provide proper direction to internal auditors seeking to further their professional development and advancement; and
Whereas, more than eighteen thousand seven hundred certified internal auditors have attained certified status through successful completion of the Certified Internal Auditor program; and
Whereas, certified internal auditors are members of a recognized professional group who benefit from greater acceptance in their role as advisor to management; and
Whereas, the Palmetto Chapter of the Institute of Internal Auditors is very active with a vibrant membership and over fifty members of the Palmetto Chapter have received the CIA designation; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate the Institute of Internal Auditors and its many thousands of members upon the occasion of Certified Internal Auditor Month. The members of the General Assembly further would like to recognize and congratulate the Palmetto Chapter of the Institute and its fine members who represent professionalism to the highest degree in the field of internal auditing; and
Whereas, the General Assembly, by this resolution, also requests the Governor to proclaim the month of February, 1993, as "Certified Internal Auditor Month" in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby commend the Institute of Internal Auditors and its fifty thousand members worldwide for its many contributions in the fields of business, industry, government, and education, and commend the Palmetto Chapter of the Institute and its distinguished members for their professionalism and accomplishments in the field of internal auditing.
Be it further resolved that the Governor is requested to declare the month of February, 1993, as "Certified Internal Auditor Month" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the Governor.
Referred to the Committee on Invitations.
H. 3060 -- Reps. Whipper, Breeland, White, Waites and Cobb-Hunter: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO ESTABLISH A TASK FORCE TO STUDY JUVENILE CRIME AND TO REPORT TO THE GENERAL ASSEMBLY AND THE GOVERNOR.
Read the first time and referred to the General Committee.
H. 3334 -- Reps. Jennings, Quinn, J. Harris and Baxley: A JOINT RESOLUTION TO REPEAL ACT 314 OF 1992 RELATING TO THE USE OF RIVER GRAVEL IN ASPHALT IN PROJECTS APPROVED BY BID BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Read the first time and referred to the Committee on Transportation.
H. 3337 -- Rep. J. Wilder: A BILL TO AMEND ACT 710 OF 1978, RELATING TO THE AUTHORITY OF THE TRUSTEES OF SCHOOL DISTRICT 45 IN BARNWELL COUNTY TO CHARGE STUDENT FEES, SO AS TO DELETE THE REQUIREMENT THAT THESE FEES MUST RECEIVE WRITTEN PRIOR APPROVAL OF THE COUNTY COUNCIL.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator COURSON from the Committee on Invitations polled out H. 3005 favorable:
H. 3005 -- Rep. Waites: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 24, 1993, AS "HOSPITAL DAY".
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell Russell O'Dell
Passailaigue
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3189 favorable:
H. 3189 -- Reps. P. Harris, Felder, Sturkie, Byrd, Sharpe, J. Brown, Neal, Carnell, McAbee, J. Bailey, Witherspoon, Klauber, Riser, Law and McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE THE SIGNIFICANCE AND MANY ACCOMPLISHMENTS OF THE SOUTH CAROLINA TUITION GRANTS PROGRAM, AND TO DECLARE THURSDAY, MARCH 25, 1993, AS "TUITION GRANTS DAY" IN SOUTH CAROLINA.
Courson Peeler Wilson
Matthews Thomas Patterson
Stilwell Russell O'Dell
Passailaigue
Ordered for consideration tomorrow.
S. 349 -- Senators Mitchell, J. Verne Smith, Bryan, Stilwell and Thomas: A CONCURRENT RESOLUTION TO COMMEND THOMAS E. KERNS, SUPERINTENDENT OF GREENVILLE COUNTY SCHOOLS, UPON BEING RANKED AMONG THE TOP ONE HUNDRED SCHOOL EXECUTIVES IN NORTH AMERICA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 261 -- Senators Washington and Ford: A BILL TO PROVIDE THAT BEGINNING WITH THE 1994 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1992 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1996 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was placed on the second reading local contested Calendar.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 56 -- Senator Bryan: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
S. 319 -- Senator Greg Smith: A BILL TO REPEAL A JOINT RESOLUTION OF 1992 BEARING ACT NUMBER 314, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOW THE INCLUSION OF RIVER GRAVEL IN PROJECTS APPROVED BY BID.
On motion of Senator GIESE, with unanimous consent, S. 319 was ordered to receive a third reading on Friday, February 5, 1993.
H. 3263 -- Reps. Walker, Cato, M.O. Alexander, Allison, Anderson, Baker, Beatty, Clyborne, Davenport, Fair, Haskins, Jaskwhich, Lanford, Littlejohn, Mattos, McMahand, D. Smith, Vaughn, Wilkins, Wells and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-2, SO AS TO PROVIDE THAT A GEOGRAPHIC COORDINATE USED TO DEFINE A POINT ON A COUNTY BOUNDARY UTILIZES THE COORDINATE SYSTEM PROVIDED IN CHAPTER 2 OF TITLE 27 AND MUST CONTROL IF PHYSICAL FEATURES ALSO ARE USED TO DESCRIBE THE LOCATION OF A POINT ARE DIFFERENT; TO AMEND SECTIONS 4-3-280 AND 4-3-480, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO REDEFINE THESE BOUNDARIES.
Senator J. VERNE SMITH explained the Bill.
On motion of Senator J. VERNE SMITH, with unanimous consent, H. 3263 was ordered to receive a third reading on Friday, February 5, 1993.
S. 357 -- Senators Saleeby, McConnell, Passailaigue, Cork, Washington, Richter, Rose, Mescher, Ford, Courson, Bryan, Courtney, Drummond, Elliott, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Russell, Ryberg, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Williams and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-365 SO AS TO PRECLUDE ANY INCREASE IN AUTOMOBILE INSURANCE PREMIUMS FOR FIRST OFFENSE CONVICTIONS OF CARELESS OR NEGLIGENT OPERATION OF A MOTOR VEHICLE, IN VIOLATION OF ANY MUNICIPAL ORDINANCE, IF THE VIOLATION OCCURRED PRIOR TO JUNE 1, 1993, AND TO PROVIDE FOR THE APPLICATION OF A CREDIT AGAINST RENEWAL PREMIUMS IN THE CASE OF AN INSURED WHOSE AUTOMOBILE INSURANCE PREMIUM HAS ALREADY INCREASED.
Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.
There was not objection.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators McCONNELL, SALEEBY, PASSAILAIGUE, CORK, WASHINGTON, RICHTER, ROSE, MESCHER, FORD and SETZLER proposed the following amendment (10191JM.93), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 38-77-365. No conviction for a first offense violation for careless or negligent operation of a motor vehicle, in violation of any municipal or county ordinance, may be considered for purposes of the rating of an automobile insurance policy. Any insured whose automobile insurance premium has increased as a result of a first offense violation is entitled to a credit for this increase against renewal premiums due."/
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator SALEEBY, with unanimous consent, S. 357 was ordered to receive a third reading on Friday, February 5, 1993.
I wish the Journal to reflect that I abstained from all activities regarding this Bill.
Senator LEATHERMAN was recognized to address brief remarks to the Senate regarding the request by Senator ROSE regarding the appointment of Senator Martschink to the Workers' Compensation Commission.
Senator LEATHERMAN stated that a letter had been directed and delivered to Senator Martschink to-wit:
HAND DELIVERED
The Honorable Sherry S. Martschink
Commissioner
S.C. Workers' Compensation Commission
800 Dutch Square Blvd., Suite 160
P.O. Box 102100
Columbia, SC 29221-5000
Dear Commissioner Martschink:
Subsequent to the publication of your Op-Ed piece last Thursday, the Ethics Committee has directed me to write and ask if you will consent to waiving any and all confidentiality which may attach to any and all matters relating to the consideration and/or confirmation of your appointment to the Workers' Compensation Commission. The committee feels strongly that this is a courtesy that should be afforded to you as a former member but wishes you to know that this request does not establish any ownership or control by you over the privilege of the Senate.
We will appreciate your prompt consideration of this request and the committee has specified that it desires a response within five (5) days of the date of this letter.
Sincerely,
Hugh K. Leatherman, Sr.
S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.
The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the amendment proposed by the Committee on Rules.
Senator ROSE spoke on the Senate Resolution.
Senator ROSE asked unanimous consent to make a motion that the Senate waive any and all confidentiality attaching to any and all matters relating to the consideration and/or confirmation of Senator Martshinck's appointment to the Workers' Compensation Commission.
There was no objection.
We wish the Journal to reflect that we abstained from voting on the unanimous consent request made by Senator ROSE.
Senator LEATHERMAN raised a Point of Order that the remarks of Senator ROSE were out of order inasmuch as they were not germane to the Resolution.
Senator ROSE spoke on the Senate Resolution.
Senator LEATHERMAN proposed the following Amendment No. 1 (RES174.003), which was tabled:
Amend the committee report, as and if amended, on page 174-2, lines 4-13, by striking "If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment then the Senate Ethics Committee shall notify the Senate or the appropriate standing committee, in Executive Session, of the existence and nature of the pending complaint." and inserting in lieu thereof the following:
"If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment then the Chairman of the Senate Ethics Committee may notify the Senate or the appropriate standing committee, in Executive Session, of the existence and nature of the pending complaint."
Amend title to conform.
Senator LEATHERMAN explained the amendment.
Senator ROSE argued contra to the adoption of the amendment.
Senator ROSE moved to lay the amendment on the table.
The amendment was laid on the table.
I wish the Journal to reflect that I abstained from any consideration of or voting on S. 174 and any and all amendments to this Resolution.
Senator ROSE proposed the following Amendment No. 4 (RES174.004), which was withdrawn:
Amend the committee report, as and if amended, Page 174-2, by striking lines 30-39 and insert the following:
/Be it further resolved:
That Rule 32 of the Rules of the Senate is amended by adding before the last paragraph the following new paragraph:
If a Senator files an allegation with the Ethics Committee that there has been a violation of the secrecy provision of this rule, the committee shall report to the Senate any finding that the secrecy provision has been violated within ten (10) days of the receipt of the allegation. Upon a report of a finding that the secrecy provision has been violated or at any time after the expiration of the ten (10) day period, the Senate may by majority vote authorize members of the Senate to comment on or respond to any confidential information disclosed through the violation. Any comment or response shall be limited to providing information reasonably related to the content of the information which has been disclosed./
Amend title to conform.
Senator ROSE explained the amendment.
Senator McCONNELL spoke on the amendment.
Senator ROSE spoke on the amendment.
On motion of Senator ROSE, with unanimous consent, the amendment was withdrawn.
Senator ROSE asked unanimous consent to make a motion to be granted leave to introduce this amendment in the form of a Senate Resolution and that the two-thirds voting requirement on passage be amended to a majority vote.
There was no objection.
Senator ROSE proposed the following Amendment No. 5 (RES174.005), which was withdrawn:
Amend the committee report, as and if amended, page 174-2 by striking lines 30 through 39 and inserting the following:
/Be it further resolved:
That Rule 32 of the Rules of the Senate is amended by denominating the rule as adopted on January 14, 1993, as Rule 32A and adding a Rule 32B to read as follows:
A Senator whose family member has been appointed to an office subject to confirmation by the Senate is prohibited from participating in or attending any meeting of the Senate, or any committee or any subcommittee thereof, when such meeting is for the consideration of appointments and a Senator's family member may be considered. For the purpose of this rule, "family member" shall mean a spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, grandchild or an individual claimed by the member as a dependent for income tax purposes./
Amend title to conform.
Senator ROSE explained the amendment.
On motion of Senator ROSE, with unanimous consent, the amendment was withdrawn.
On motion of Senator ROSE, with unanimous consent, the Senate Resolution was carried over.
MOTION ADOPTED
On motion of Senators LAND and MATTHEWS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Joyce Kinlaw of Manning, S.C.
Senator DRUMMOND moved that when the Senate adjourns on Friday, February 5, 1993, it stand adjourned to meet on Tuesday, February 9, 1993, at 12:00 Noon, which motion was adopted.
At 1:50 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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