Indicates Matter Stricken
Indicates New Matter

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

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words recorded by St. Luke in the New International Version (4:3-4):

"The devil said to him,

'If you are the Son of God,

tell this stone to become bread'.

Jesus answered, 'It is written: Man does

not live on bread alone.'"
Let us pray.

Lord of all, as we make our plans to study budgets and dollars, we know what the Bible says about full barns and empty souls. We know the dangers and the erosion of character that often comes with too much money... and the misery that comes with poor economic conditions.

Help us to see money as a tool that we should use as good stewards for meeting the physical needs of people... and even for the achievement of the good life.

We thank You for the fruits of our fields, and the products of our factories. Make us good... and wise... and diligent stewards... setting our priorities... that no worthy cause may go lacking as we seek to meet both the physical and spiritual needs of those we love and serve.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

May 10, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, Rural Water and Sewer Grants Advisory Committee, with term to expire June 30, 1993:

2nd Congressional District:

Mr. Leon C. Campbell, Post Office Box 1867, Columbia, South Carolina 29020

Referred to the Committee on Medical Affairs.

May 10, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, Rural Water and Sewer Grants Advisory Committee, with term to expire June 19, 1990:

4th Congressional District:

Mrs. Donna Turner Williams, 125 Chestnut Lake Drive, Spartanburg, South Carolina 29303 VICE Sue S. Carpenter

Referred to the Committee on Medical Affairs.

May 10, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, Commission on Mental Retardation, with term to expire July 1, 1994:

5th Congressional District:

Annabelle Spann Boykin, Ph.D., 704 Gillsbrook Road, Lancaster, South Carolina 29721 VICE Ava Mason Hope

Referred to the Committee on Medical Affairs.

May 10, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1992:

1st Congressional District:

Mrs. Evelina Dayson, 2678 Meeting Street, Charleston Heights, South Carolina 29405 VICE Fran Hawk

Referred to the Committee on Medical Affairs.

May 10, 1990
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1993:

6th Congressional District:

Howard H. Poston, Jr., M.D.D., 500 Warsaw Road, Kingstree, South Carolina 29556 VICE G.B. Stokes

Referred to the Committee on Fish, Game and Forestry.

The following was received and referred to the appropriate committee for consideration.

Document No. 1284
Promulgated By Board of Medical Examiners
Physician Assistants - Limited Certificates
Received by Lt. Governor May 15, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date September 12, 1990

Senator WILSON introduced Dr. H. Cooper Black of West Columbia, Doctor of the Day.

Senator GIESE requested and was granted a leave of absence from 4:00 until 6:00 P.M.

Senator SHEALY requested and was granted a leave of absence from 6:30 until 9:30 P.M.

Senator LAND requested and was granted a leave of absence from 3:00 until 6:00 P.M.

S. 1511 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY PROTECTIVE CUSTODY OF A CHILD, SO AS TO REVISE THE DESIGNATION OF THE PROVISIONS OF THE SECTION AND TO PROVIDE FOR CUSTODY WHEN THE CHILD'S PARENT OR PARENTS HAVE BEEN ARRESTED.

The House returned the Bill with amendments.

On motion of Senator HAYES, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

S. 1597 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE BERKELEY HIGH SCHOOL'S ODYSSEY OF THE MIND TEAM WHO RECENTLY WON FIRST PLACE AT THE STATE COMPETITION HELD IN COLUMBIA AND TO WISH THE TEAM GOOD LUCK AS IT COMPETES IN THE WORLD ODYSSEY OF THE MIND CONTEST IN AMES, IOWA, IN MAY, 1990.

Returned with concurrence.

Received as information.

The following were introduced:

S. 1599 -- Senator Lourie: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE COMMISSION ON AGING, AND TO INCREASE THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE.

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

H. 5114 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND DICKIE FELDER OF SUMMERTON FOR HIS OUTSTANDING SERVICE AS A TOWN COUNCILMAN OF THE TOWN OF SUMMERTON.

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

H. 4972 -- Rep. L. Martin: A BILL TO AMEND SECTIONS 38-73-455 AND 38-73-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4984 -- Reps. R. Brown, Kay, Townsend and Carnell: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO FOUR HUNDRED SEVENTY-FIVE THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR A COMMISSION OFFICE IN ABBEVILLE.

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

H. 5084 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 30, 1991.

Read the first time and referred to the Committee on Banking and Insurance.

H. 5089 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.

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

H. 5090 -- Reps. Koon and Derrick: A JOINT RESOLUTION TO PROVIDE THAT FOR WHITE KNOLL ELEMENTARY SCHOOL IN LEXINGTON SCHOOL DISTRICT ONE, MONDAY, MAY 7, 1990, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED AS A RESULT OF DAMAGE AND DISRUPTION TO THE NORMAL OPERATION OF A SCHOOL SYSTEM BE MADE UP BY THE STUDENTS.

Read the first time and on motion of Senator SHEALY, with unanimous consent, ordered placed on the Calendar without reference.

H. 5085 -- Rep. McAbee: A BILL TO AMEND ACT 102 OF 1973, RELATING TO THE TAX COLLECTOR FOR MCCORMICK COUNTY, SO AS TO PROVIDE THAT THE COUNTY COUNCIL MAY APPOINT A PERSON OTHER THAN THE COUNTY TREASURER AS TAX COLLECTOR WITH THE CONSENT OF THE COUNTY TREASURER.

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

H. 4640 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES.

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

H. 4742 -- Rep. Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-145 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO GIVE NOTICE AND HOLD A HEARING BEFORE PETITIONING A MUNICIPALITY TO ANNEX LAND OWNED BY THE STATE.

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

H. 4747 -- Reps. Harvin and Blackwell: A BILL TO AMEND SECTION 58-12-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CABLE TELEVISION, ANNUAL FEES, USE OF REVENUES, AND THE AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, SO AS TO ELIMINATE THE REQUIREMENT THAT AN ANNUAL FEE BE PAID BY CABLE TELEVISION COMPANIES, AND TO DELETE THE PROVISIONS PROVIDING FOR THE USE OF THE REVENUE DERIVED FROM THE ANNUAL FEE; AND TO REPEAL SECTION 58-12-130, RELATING TO THE FEE FOR RIGHT-OF-WAY USAGE, AVAILABILITY OF A CHANNEL TO THE EDUCATIONAL TELEVISION COMMISSION, ISSUANCE OF CONTINUING PERMITS, AND ENFORCEMENT.

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

H. 4855 -- Rep. R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-147 SO AS TO PROVIDE FOR A STATE ARCHERY STAMP, TO PROVIDE FOR THE USE OF THE REVENUE DERIVED FROM THE SALE OF THE STAMPS, PRINTS, AND RELATED ARTICLES, AND TO MAKE IT UNLAWFUL FOR A PERSON TO HUNT WITH ARCHERY EQUIPMENT WITHOUT A VALID STAMP IN HIS POSSESSION.

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

H. 4910 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.

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

H. 4921 -- Rep. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.

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

H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.

Senator MULLINAX asked unanimous consent to make a motion that the Bill be taken up for immediate consideration for the purpose of giving the Bill a second reading with notice of general amendments, retaining its place on the Calendar.

Senator MULLINAX spoke on the motion.

Senator LEATHERMAN objected.

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

H. 4723 -- Reps. M.O. Alexander and T.C. Alexander: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE RETAIL LICENSE, SO AS TO CONSOLIDATE THE PROVISIONS GOVERNING SPECIAL RETAIL LICENSES AND EXEMPTIONS FROM THE RETAIL LICENSE REQUIREMENT, TO CLARIFY THE LICENSE REQUIREMENTS FOR RETAILERS CONDUCTING A TRANSIENT OR TEMPORARY BUSINESS, AND TO PROVIDE DEFINITIONS, AND TO PROVIDE FOR A SPECIAL SALES TAX RETURN FOR SPECIAL EVENTS IN LIEU OF THE RETAIL LICENSE REQUIREMENTS AND DISCOUNT PROVISIONS, AND TO PROVIDE DEFINITIONS AND TO AUTHORIZE THE TAX COMMISSION TO DETERMINE WHICH LICENSE A RETAILER MUST OBTAIN.

The following House Bills were read the third time, passed and ordered returned to the House with amendments:

H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

H. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT IF PARTICULAR RECORDS OR DOCUMENTS ARE FURNISHED TO A PERSON WITHOUT CHARGE OR AT A REDUCED FEE, THE SAME RECORDS OR DOCUMENTS MUST BE FURNISHED TO ALL PERSONS REQUESTING THEM WITHOUT CHARGE OR AT THAT REDUCED FEE, AND TO PROVIDE THAT IF A FEE OR HIGHER FEE HAS PREVIOUSLY BEEN CHARGED, IT MUST BE REFUNDED TO THE APPROPRIATE PERSON WHO EARLIER WAS CHARGED THE FEE OR HIGHER FEE.

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

Senators McCONNELL and BRYAN proposed the following amendment (Doc. No. 1561o), which was adopted:

Amend the bill, as and if amended, Section 30-4-30(b), as contained in SECTION 1, page 1, by striking the sentence beginning on line 36 and inserting:

/Fees charged by a public body must be uniform for copies of the same record or document. However, members of the General Assembly may receive copies of records or documents at no charge from public bodies when their request relates to their legislative duties./

Amend title to conform.

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

The following Bill having been read the second time was passed and ordered to a third reading:

H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.

The following Bill and Joint Resolution were carried over:

H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.

(On motion of Senator McCONNELL)

H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.

(On motion of Senator WADDELL)

H. 4068 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE INDIGENT DEFENSE SYSTEM AND WAYS TO MAKE IT MORE EFFICIENT AND EFFECTIVE.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by Senator NELL W. SMITH (Doc. No. 1370o) and printed in the Journal of May 10, 1990.

On motion of Senator POPE, the Concurrent Resolution was carried over.

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

Senator WADDELL spoke on the Bill.

On motion of Senator WILSON, with unanimous consent, state agency staff was admitted to the Senate Chamber to the area behind the rail while debate was in progress on H. 4800, the General Appropriation Bill.

On motion of Senator WADDELL, with unanimous consent, staff members from the Budget and Control Board and the Senate Finance Committee were admitted to the floor of the Senate Chamber while debate was in progress on H. 4800, the General Appropriation Bill.

Senator WADDELL moved that the Senate Finance Committee Report to H. 4800, the General Appropriation Bill, be adopted with the understanding that the adoption of the Senate Finance Committee Report would not prejudice the members' right to offer perfecting amendments based on the question of the degree of the amendment, and, that, if adopted, the Senate would proceed to a consideration of Part II of the Senate Finance Committee Report.

Senator MACAULAY spoke on the motion.

Senator MACAULAY asked unanimous consent to amend the motion to proceed to a consideration of Part I, Sections 15-37, instead of Part II.

Senator WADDELL spoke on the unanimous consent request.

Senator WADDELL moved to divide the question.

The question then was the motion that the Senate Finance Committee Report to H. 4800, the General Appropriation Bill, be adopted with the understanding that the adoption of the Senate Finance Committee Report would not prejudice the members' right to offer perfecting amendments based on the question of the degree of the amendment.

The Senate Finance Committee Report was adopted.

The question then was the motion to proceed to a consideration of Part II.

Senator WADDELL spoke on the motion.

Senator FIELDING spoke on the motion.

Senator PASSAILAIGUE spoke on the motion.

Senator MACAULAY asked unanimous consent to amend the motion to proceed to a consideration of Part I, Sections 15-37, instead of Part II.

Senator LINDSAY objected.

Senator MACAULAY spoke on the motion.

Senator MACAULAY moved to table the motion to proceed to a consideration of Part II.

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

Macaulay                  Passailaigue              Russell
Thomas                    

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Hinson                    Holland                   Land
Leatherman                Lee                       Leventis
Lindsay                   Long                      Lourie
Martschink                Matthews                  McConnell
McGill                    McLeod                    Moore
Mullinax                  O'Dell                    Patterson
Peeler                    Pope                      Rose
Setzler                   Shealy                    Smith, H.C.
Smith, N.W.               Stilwell                  Waddell
Williams                  Wilson                    

The Senate refused to table the motion to proceed to a consideration of Part II.

The question then was the motion to proceed to a consideration of Part II.

The motion was adopted.

On motion of Senator WILLIAMS, with unanimous consent, the members of the Senate Judiciary Committee were granted leave to meet in the Third Floor Conference Room at 3:00 P.M. and be counted in any quorum calls.

Senator LEATHERMAN raised a Point of Order that Section 51 of Part II was out of order inasmuch as it was not germane to the Bill.   Senator SETZLER spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT took the matter under advisement.

Senator PASSAILAIGUE raised a Point of Order that Section 50 of Part II was violative of the provisions of Section 11-11-430(a) of the South Carolina Code of Laws, 1976, as amended, inasmuch as "bonds must not be used to fund operating expenses of state government and such proceeds must be used only for capital improvements."

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT took the matter under advisement.

Senator PASSAILAIGUE raised a Point of Order that Section 3 of Part II was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... or new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT took the matter under advisement.

Senator McCONNELL raised a Point of Order that Section 40 of Part II was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... or new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

The PRESIDENT took the matter under advisement.

Senator McCONNELL raised a Point of Order that Sections 12, 19, 21, and 23 of Part II were out of order inasmuch as they were not germane to the Bill.

The PRESIDENT took the matter under advisement.

Senator BRYAN raised a Point of Order that Sections 30, 35, 36, and 39 of Part II were out of order inasmuch as they were not germane to the Bill.

The PRESIDENT took the matter under advisement.

Debate was interrupted by recess.

At 1:35 P.M., on motion of Senator WADDELL, the Senate receded from business until 3:00 P.M.

At 3:16 P.M., the Senate resumed.

The following was introduced:

S. 1600 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF BARON B. SHUMPERT OF LEXINGTON COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS FRIENDS.

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

The Senate resumed consideration of the Bill. The question being the second reading of the Bill.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Section 12 of Part II was out of order inasmuch as it was not germane to the Bill.

Senator WADDELL spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Section 19 of Part II was out of order inasmuch as it was not germane to the Bill.

Senator WADDELL spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Section 21 of Part II was out of order inasmuch as it was not germane to the Bill.

Senator WADDELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Section 23 of Part II was out of order inasmuch as it was not germane to the Bill.

Senator McCONNELL spoke on the Point of Order.

Senator WADDELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator BRYAN that Section 30 of Part II was out of order inasmuch as it was not germane to the Bill.

Senator SETZLER spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator BRYAN that Section 35 of Part II was out of order inasmuch as it was not germane to the Bill.

Senator WADDELL spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator BRYAN that Section 36 of Part II was out of order inasmuch as it was not germane to the Bill.

Senator WADDELL spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator BRYAN that Section 39 of Part II was out of order inasmuch as it was not germane to the Bill.

Senator BRYAN spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator WADDELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator SETZLER asked unanimous consent to make a motion to revisit the Ruling on Section 30.

Senators LEATHERMAN and McCONNELL objected.

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Section 51 of Part II was not out of order inasmuch as it was not germane to the Bill.

Senator LEATHERMAN spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator SETZLER spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator MACAULAY raised a Point of Order that Sections 41, 43, and 44 of Part II were out of order inasmuch as they were not germane to the Bill.

The PRESIDENT took the matter under advisement.

The PRESIDENT took up the Point of Order raised by Senator McCONNELL that Section 40 of Part II was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... or new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator McCONNELL spoke on the Point of Order.

Senator MACAULAY spoke on the Point of Order.

Senator WADDELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The PRESIDENT took up the Point of Order raised by Senator PASSAILAIGUE that Section 50 of Part II was violative of the provisions of Section 11-11-430(a) of the South Carolina Code of Laws, 1976, as amended, inasmuch as "bonds must not be used to fund operating expenses of state government and such proceeds must be used only for capital improvements."

Senator PASSAILAIGUE spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator ROSE spoke on the Point of Order.

Senator WADDELL spoke on the Point of Order.

Senator MACAULAY spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator LINDSAY noted a motion to appeal the Ruling of the PRESIDENT regarding Section 50 of Part II and he called the PRESIDENT's attention to a recent ruling of the South Carolina Supreme Court.

Debate was interrupted by adjournment.

On motion of Senator SETZLER, with unanimous consent, the Senate adjourned out of respect to the memory of Mr. Baron B. Shumpert, former Coroner of Lexington County.

At 4:40 P.M., on motion of Senator LINDSAY, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Tuesday, June 30, 2009 at 1:19 P.M.