South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Wednesday, February 10, 1993

(Local and Uncontested Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator RYBERG.

Leave of Absence

On motion of Senator WILLIAMS at 11:05 A.M., Senator O'DELL was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 404 -- Senator Courson: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 22-28, 1993, AS "TEENAGE PREGNANCY PREVENTION AWARENESS WEEK".

Whereas, teenage pregnancy has significant consequences on the health, economic, and educational future for teenagers and the people of South Carolina; and

Whereas, teenage parents often are unable to complete their education, which leads to unemployment, underemployment, and dependence on public welfare; and

Whereas, the cycle of poverty can be perpetuated from generation to generation; and

Whereas, the major responsibility of parenting alters a generation of young women and renders them the primary caretakers of families; and

Whereas, teenage mothers often seek late prenatal care, frequently suffering higher than average levels of toxemia, anemia, cervical trauma, premature delivery, and low birthweight babies; and

Whereas, the purpose of the South Carolina Teenage Pregnancy Prevention local councils is to advocate and support programs and strategies that prevent teenage pregnancy and decrease the problems associated with teenage pregnancy in South Carolina. Now, therefore,

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

That the members of the General Assembly, by this resolution, declare February 22-28, 1993, as "Teenage Pregnancy Prevention Awareness Week".

Be it further resolved that a copy of this resolution be forwarded to the Greater Columbia Teenage Pregnancy Prevention Council.

On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

S. 405 -- Senators Leventis, Lander, Hayes and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-3235 SO AS TO ESTABLISH THE NATIONAL GUARD PENSION FUND, WHICH MUST BE MANAGED BY THE STATE BUDGET AND CONTROL BOARD AS OTHER STATE RETIREMENT SYSTEM FUNDS ARE MANAGED FOR THE PAYMENT OF NATIONAL GUARD PENSIONS, TO PROVIDE FOR THE INVESTMENT OF THE FUND BY THE STATE TREASURER, TO REQUIRE ANNUAL APPROPRIATIONS TO THIS FUND IN AN AMOUNT SUFFICIENT TO ESTABLISH AND MAINTAIN THE FUND ON AN ACTUARIAL BASIS; AND TO AMEND SECTION 25-1-3240, RELATING TO THE ADMINISTRATION OF NATIONAL GUARD PENSIONS, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THE NATIONAL GUARD PENSION FUND.

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

S. 406 -- Senators Wilson, Ryberg, Gregory and Russell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO PROVIDE FOR THE ISSUANCE AND COST OF A DISTINGUISHING DECAL TO INDICATE THAT THE PERSON IN CONTROL OF A MOTOR VEHICLE CONSENTS TO ITS SEARCH FOR ILLEGAL DRUGS AND PROVIDE FOR THE SEARCH.

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

S. 407 -- Senators Wilson, Cork, Gregory, Russell and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM CUTTING A TREE TWENTY-FOUR INCHES OR MORE IN DIAMETER AT BREAST HEIGHT OR DAMAGING ITS ROOT SYSTEM UNLESS IT PRESENTS A SIGNIFICANT RISK TO MOTORISTS AND THERE IS NO ALTERNATIVE AND TO PROVIDE FOR A HEARING AND AN APPEAL BEFORE ACTION IS TAKEN.

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

H. 3412 -- Rep. McLeod: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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

H. 3373 -- Reps. Kelley, Worley, Witherspoon, Snow and Keegan: A BILL TO AMEND ACT 166 OF 1977 RELATING TO DESIGNATING A PORTION OF HORRY COUNTY A COUNTY FAIR, SO AS TO PROVIDE THAT THE DESIGNATION IS NOT RESTRICTED DURING CERTAIN TIMES OF THE YEAR.

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

REPORTS OF STANDING COMMITTEE

Invitations Accepted

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

An invitation from National Guard Association of South Carolina to attend a reception at the National Guard Armory on Tuesday, February 16, 1993, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from South Carolina Student Legislature to attend a B-B-Q Sandwich Lunch at the Lower Lobby-State House on Wednesday, February 17, 1993, at 1:30 P.M. or immediately upon adjournment.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from South Carolina Farm Bureau Federation to attend a Reception\Banquet at the Ellison Bldg. (Fair Grounds) on Tuesday, February 23, 1993, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from Municipal Association of South Carolina to attend a reception at the Marriott on Wednesday, February 24, 1993, from 6:00 until 7:30 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from The Electric Coop of South Carolina to attend a dinner at the Sheraton on Tuesday, March 2, 1993, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from South Carolina Nurses Association to attend a buffet breakfast at the Carolina Plaza on Wednesday, March 3, 1993, from 7:30 until 8:45 A.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from South Carolina Chapter of National Association of Social Workers to attend a reception at the Marriott on Wednesday, March 3, 1993, from 6:00 until 7:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

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

An invitation from South Carolina Education Association to attend a reception at the South Carolina State Museum on Wednesday, March 3, 1993, from 7:00 until 9:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

S. 30 -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a majority favorable, with amendment, and Senator MITCHELL, a minority unfavorable report on:

S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.

Ordered for consideration tomorrow.

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

S. 44 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-100 SO AS TO PROVIDE FOR EXPEDITED PROCESSING OF INDIVIDUAL INCOME TAX REFUNDS BY THE SOUTH CAROLINA TAX COMMISSION IN HARDSHIP CASES.

Ordered for consideration tomorrow.

Senator ROSE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 47 -- Senators Passailaigue and Rose: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 51 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-24-45 SO AS TO PROVIDE FOR THE RIGHT TO RE-EXAMINATION AFTER A DEFENDANT IS COMMITTED TO THE SOUTH CAROLINA STATE HOSPITAL FOLLOWING A VERDICT OF "NOT GUILTY BY REASON OF INSANITY".

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:

S. 74 -- Senator McConnell: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY ADJOURNMENT, SO AS TO PROVIDE FOR SINE DIE ADJOURNMENT IN NOVEMBER INSTEAD OF JUNE AND TO PROVIDE WHAT BUSINESS MAY BE CONSIDERED UNTIL SINE DIE ADJOURNMENT.

Ordered for consideration tomorrow.

Senator HAYES from the Committee on Judiciary submitted a favorable report on:

S. 194 -- Senators Hayes, Stilwell, Waldrep, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

S. 199 -- Senators Hayes, Martin and Waldrep: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

S. 243 -- Senators Wilson, Gregory, Russell, Cork, Ryberg, Drummond, J. Verne Smith and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION ESTABLISHING A PRESIDENTIAL LINE ITEM VETO.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

S. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3415 favorable:

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.

Poll of the Invitations Committee on H. 3415

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Wilson
Matthews Thomas Patterson
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Stilwell Russell

TOTAL--2

Ordered for consideration tomorrow.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

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.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 3280 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER DISTRICT MAY BE DISSOLVED.

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

ADJOURNMENT

At 11:52 A.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 12:00 Noon.

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