Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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 PRESIDENT, in the absence of the Chaplain as follows:
We read from St. Paul's Epistle to the Philippians in Today's English Version (4:8-9):
"In conclusion,
Fill your minds with those things
That are good and that deserve praise:
Things that are true, noble, right, pure,
lovely, and honorable...
And the God who gives us peace
will be with you."
Let us pray.
Our Father, as we move on into the higher levels of the legislative process, may we be led of Thy Spirit to ponder well the pattern we are weaving.
Help us to make all the little pieces, and the big pieces, find their proper relationships, so that important things might not become enmeshed with the trivial.
May the good and the right and the necessary not be eclipsed, nor tarnished, nor distorted.
As the bell of urgency rings, beckoning us to move forward, help us to respond with glad and willing hearts... in the Name of our Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 21, 1990
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.
Reappointments, Members, Dorchester County Voter Registration Board:
Orion P.D. Canat, 133 Axtel Drive, Summerville, South Carolina 29485
Jesse L. Summers, Route 3, Box 1194, Ridgeville, South Carolina 29472
Appointment, Member, Dorchester County Voter Registration Board:
Martha H. Hollis, 113 Pelican, Ladson, South Carolina 29456 VICE Jackie Knight
Appointment, Member, Dorchester County Voter Registration Board:
Charles C. Woodward, 107 Sylvan Terrace, Summerville, South Carolina 29485 VICE Raymond Garvin
Senator GIESE requested and was granted a leave of absence from 5:00 until 7:00 P.M. today.
Senator WILLIAMS rose to a Point of Privilege.
Senator COURSON rose to a Point of Privilege.
Mr. President and Members of the Senate, I voted with Senator Williams on Thursday on the reapportionment amendment which has the effect of saving the taxpayers of South Carolina hundreds of thousands of dollars and will expedite the reapportionment process. This was not a vote against any state agency, including the Governor's Office. Reapportionment is a legislative matter. Constitutionally the Governor can accept or reject any plan.
I was not a member of the General Assembly during the 1984 reapportionment of the Senate. I understand that it was a laborious, very costly, and extremely time-consuming process. Many members have told me that there were over seventy plans and some members of this body became all consumed with the demography of the State. What we did last week does not in any way restrict any private entity or the respective political parties from developing their own plans. It will, Mr. President, save the taxpayers many hundreds of thousands of dollars. I hope that the Policy Council and other conservative rating organizations consider our actions as part of their legislative review. It was the conservative, fiscally-responsible way to conduct reapportionment.
Mr. President and Members of the Senate, I wish to respond to unnamed Republican sources attacking the Senator from Charleston, Senator McConnell, over this issue. I first met Glenn McConnell fifteen years ago during the building of the Republican Party in South Carolina. I was then secretary of the S. C. GOP Party and later served as Republican National Committeeman for South Carolina. He was then chairman of the Charleston County GOP and subsequently has served as a delegate to several Republican national conventions and was state co-chairman of Congressman Jack Kemp's presidential campaign. He is the conservative leader in the Senate. I vote with Senator McConnell at least 80% of the time and the few times I wander it is simply because of a lack of communication - I cannot understand what he is saying because of his different accent.
Frankly, if all of us voted like the Senior Senator from Charleston, Glenn McConnell, the taxpayers of the Palmetto State would have saved millions of dollars over the years.
Mr. President, Members of the Senate, thank you for listening to these remarks.
(On motion of Senator SETZLER, ordered printed in the Journal)
Senator MACAULAY rose to a Point of Privilege.
Senator HINDS rose to a Point of Privilege.
Senator SHEALY rose to a Point of Privilege.
Senator GIESE rose to a Point of Privilege.
Although I voted against the amendment to S. 1240 by Senators McConnell and Williams, for the reasons stated above, I wholeheartedly concur with the complimentary statements by Senator Courson about Senator McConnell found on page 3 of the Senate Journal for May 22, 1990, in response to attacks on him for introducing and promoting his amendment. Senator McConnell is the conservative leader in the Senate; a paraon of integrity; and an inspiration to those of us who work with him daily in the service of the people. His actions should not be interpreted as being disloyal to those who disagree with him. I think I know a good leader when I see one. Senator McConnell is a good leader -- good enough to respect my views in those instances that they differ from his and not to consider my vote against his amendment an act of disloyalty to him.
On motion of Senator LEATHERMAN, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Dr. Walter D. Smith and his family on the occasion of his being selected the 1990, S.C. Outstanding Older American by the Commission on Aging.
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.
S. 1608 -- Senator Leatherman: A CONCURRENT RESOLUTION TO CONGRATULATE DR. WALTER DOUGLAS SMITH OF FLORENCE COUNTY UPON RECEIVING THE 1990 "OUTSTANDING OLDER SOUTH CAROLINIAN" AWARD PRESENTED BY THE SOUTH CAROLINA COMMISSION ON AGING.
Returned with concurrence.
Received as information.
The following were introduced:
S. 1609 -- Senator Shealy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 38 SO AS TO PROVIDE THAT NO LEGISLATION MAY BE DENIED CONSIDERATION IN EITHER HOUSE OF THE GENERAL ASSEMBLY BECAUSE A STATUTE ENACTED BY A PREVIOUS GENERAL ASSEMBLY IS CONTRARY TO THE PROPOSED MATTER, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO STATUTES ENACTED AS A RESULT OF A QUESTION APPROVED BY THE PEOPLE IN A REFERENDUM.
Senator SHEALY spoke on the Joint Resolution.
Read the first time and referred to the Committee on Judiciary.
S. 1610 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-130 SO AS TO PROVIDE THAT NO LEGISLATION MAY BE DENIED CONSIDERATION IN EITHER HOUSE OF THE GENERAL ASSEMBLY BECAUSE A STATUTE, ENACTED BY A PREVIOUS GENERAL ASSEMBLY, IS CONTRARY TO THE PROPOSED MATTER, AND TO PROVIDE THIS SECTION DOES NOT APPLY TO A STATUTE PASSED AS A RESULT OF A QUESTION APPROVED BY THE PEOPLE IN A REFERENDUM.
Read the first time and referred to the Committee on Judiciary.
S. 1611 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1234, 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. 1612 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MISS MARIE C. BUCK OF AIKEN COUNTY WHO DIED ON SATURDAY, MAY 12, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1613 -- Senators Patterson, Courson, Giese and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE C. A. JOHNSON HIGH SCHOOL IN COLUMBIA IN CELEBRATING FORTY YEARS OF PROVIDING EDUCATIONAL OPPORTUNITIES FOR GROWTH IN COLUMBIA AND TO WISH IT WELL IN CONTINUING ITS LEGACY IN THE TWENTY-FIRST CENTURY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 5131 -- Reps. McBride, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Harrison, Quinn, T. Rogers, Taylor and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE C. A. JOHNSON HIGH SCHOOL IN COLUMBIA IN CELEBRATING FORTY YEARS OF PROVIDING EDUCATIONAL OPPORTUNITIES FOR GROWTH IN COLUMBIA AND TO WISH IT WELL IN CONTINUING ITS LEGACY IN THE TWENTY-FIRST CENTURY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5134 -- Reps. J. Bailey, Holt, Winstead, Whipper, Hallman, Rama, Barber, Washington and D. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE GENERAL ASSEMBLY TO CHARLESTON FIRE CHIEF AND MRS. WILMOT EARL GUTHKE UPON THE OCCASION OF THEIR UPCOMING FIFTIETH WEDDING ANNIVERSARY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5135 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO COMMEND MRS. MARY MARGARET HAMILTON BROWN OF COLUMBIA FOR HER LOVING AND DEDICATED SERVICE OVER A PERIOD OF TWENTY YEARS AS A KINDERGARTEN TEACHER AT SHANDON PRESBYTERIAN CHURCH IN COLUMBIA.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 5136 -- Reps. T. Rogers, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Harrison, McBride, Quinn, Taylor and Waites: A CONCURRENT RESOLUTION CONGRATULATING MR. DONALD GIST UPON BEING NAMED THE NEW COMMISSIONER OF THE SOUTH CAROLINA COMMISSION FOR THE BLIND AND EXTENDING BEST WISHES FOR A SUCCESSFUL ADMINISTRATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
S. 1612 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MISS MARIE C. BUCK OF AIKEN COUNTY WHO DIED ON SATURDAY, MAY 12, 1990.
Returned with concurrence.
Received as information.
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. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS; TO AMEND SECTION 20-7-1510, RELATING TO THE DISPOSITION OF FINES AND FORFEITURES GENERATED BY THE CIRCUIT AND FAMILY COURT, SO AS TO PROVIDE SPECIFICALLY THAT FINES AND FORFEITURES FOR SHELLFISH VIOLATIONS ARE EXCLUDED FROM THE GENERAL DISTRIBUTION PROVISIONS; AND TO AMEND SECTION 44-53-580, RELATING TO THE DISPOSITION OF FINES GENERATED FROM NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE THAT ONE-FOURTH OF THE FINES MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY WHERE THE VIOLATION OCCURRED.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
H. 4199 -- Rep. Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-41-35 SO AS TO PROVIDE THAT NO INDIVIDUAL MAY EXEMPT FROM THE PROPERTY OF THE ESTATE IN ANY BANKRUPTCY PROCEEDING THE PROPERTY SPECIFIED IN SECTION 522(d) OF THE BANKRUPTCY REFORM ACT (PUBLIC LAW 95-598) EXCEPT AS MAY BE EXPRESSLY PERMITTED BY THE LAWS OF THIS STATE.
H. 3789 -- Reps. J. Bailey, Rama and M.D. Burriss: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 99 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TRAIN AND CERTIFY INDIVIDUALS TO ADMINISTER EPINEPHRINE IN TREATING PERSONS IN EMERGENCY SITUATIONS FOR INSECT STINGS AND TO ESTABLISH PROGRAMS AND PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS CHAPTER.
H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: A BILL TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUE, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, AND TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140.
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 (Doc. No. 1553o) was adopted as follows:
Amend the bill, as and if amended, in Section 30-1-10(A) of the 1976 Code which begins on page 2 by inserting at the end of the subsection the following: /Nothing herein authorizes the Archives to make records open to the public in contravention of Sections 30-4-40, 30-4-50 and 30-4-70, respectively./
Amend the bill further, as and if amended, in Section 30-1-30 of the 1976 Code, as contained on page 4, by deleting the last sentence of the section.
Amend the bill further, as and if amended, by striking Section 30-1-60 of the 1976 Code, as contained on page 5, and inserting:
/Section 30-1-60. (RESERVED)/
Amend the bill further, as and if amended, in Section 30-1-70 of the 1976 Code by striking /by the department/ which begins on line 5 of page 6 and inserting /by regulations promulgated by the Archives/.
Amend the bill further, as and if amended, by striking Section 30-1-90 of the 1976 Code which begins on page 7 and inserting:
/Section 30-1-90. (A) The Archives shall have the right to may examine the condition of public records and shall give advice and assistance to public officials in the solutions of their problems in creating, filing, preserving, and making available the public records in their custody. When requested by the Archives, agencies and subdivisions shall must assist the Archives to prepare in preparing an inclusive inventory of records in their custody and a schedule establishing records schedules mandating a time period for the retention of each series of records. This schedule These schedules shall must be approved by the governing body of the each subdivision or the head of the executive officer of each agency or body having custody of the records, the Director of the Archives, and in the case of records of state or regional agencies, the State Budget and Control Board. This schedule shall serve as authorization for the destruction of records retained for the stated time period or for the preservation of records through other means, such as transfer to the Archives.
(B) In addition, general schedules for records series common to agencies and subdivisions may be issued by the Archives as regulations promulgated under the provisions of the Administrative Procedures Act, and these regulations must contain provisions allowing agencies or subdivisions to opt out of the general schedules and proceed under the provisions of subsection (A) above in the establishment of a records schedule.
(C) The Archives has express authority to review all public records for appraisal and scheduling purposes, including those records designated as closed, confidential, and restricted by law. However, in certain cases the department may waive its authority to review certain records after its approval of procedures developed by the executive officer or public official in charge of the records to provide the department with information needed for appraisal and scheduling purposes.
(D) No records of long term or enduring value created, including those filed, kept, or stored electronically, or those records converted from paper to magnetic, optical, film, or other media in the transaction of public business may be disposed of, destroyed, or erased without an approved records schedule. All records disposals that are carried out in accordance with duly approved records schedules must be documented and reported in accordance with procedures developed by the Archives./
Amend the bill further, as and if amended, in Section 30-1-100(C) of the 1976 Code by striking /; provided, that any record placed in the custody of the Archives under special terms or conditions restricting their use shall be made accessible only in accordance with such terms and conditions/ which begins on line 36 of page 9 and inserting: /; provided, that any record placed in the custody of the Archives under special terms or conditions restricting their use shall be made accessible only in accordance with such terms and conditions/.
Amend the bill further, as and if amended, in Section 30-1-140 of the 1976 Code by striking /and shall receive a public reprimand/ which begins on line 33 of page 12.
Amend title to conform.
Senator POPE explained the amendment.
On motion of Senator GIESE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 5021 -- Rep. Gordon: A BILL TO AMEND SECTION 7-7-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.
On motion of Senator McGILL, H. 5021 was ordered to receive a third reading on Wednesday, May 23, 1990.
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.
On motion of Senator WILSON, with unanimous consent, H. 5090 was ordered to receive a third reading on Wednesday, May 23, 1990.
H. 4879 -- Rep. Wilkins: A BILL TO AMEND SECTION 17-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE COMMISSION ON APPELLATE DEFENSE AND ITS MEMBERS, SO AS TO CHANGE THE PERSON TO SERVE FROM THE SOUTH CAROLINA BAR ASSOCIATION AND THE SOUTH CAROLINA TRIAL LAWYER'S ASSOCIATION AND TO SET THE TERMS FOR THE MEMBERS.
H. 4924 -- Rep. Blackwell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 36 SO AS TO ESTABLISH A STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY.
H. 5073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator SALEEBY explained the Joint Resolution.
H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator BRYAN proposed the following amendment (Doc. No. 3739J):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to the bill to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 4-9-145. The governing body of a county may appoint and commission as many enforcement officers as may be necessary for the proper security, general welfare and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables, in addition to duties imposed upon them by the governing body of the county; however, such duties shall not conflict with Section 4-9-30(5) as it relates to the reorganization or restructuring of the sheriff's department or the functions and duties presently being performed by the sheriff. These enforcement officers shall exercise their powers on all private and public property within the county."/
Amend title to conform.
Senator BRYAN explained the amendment.
Senators MOORE and NELL W. SMITH objected to further consideration of the Bill.
H. 4657 -- Rep. Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-185 SO AS TO PROVIDE THAT LICENSED RETAIL DEALERS MAY PURCHASE, POSSESS, AND SELL TO QUALIFIED PERSONS ANY FIREARM OR PISTOL WHICH MAY BE USED OR POSSESSED BY LAW ENFORCEMENT OFFICERS IN THIS STATE, AND TO AUTHORIZE THESE QUALIFIED PERSONS TO USE AND POSSESS THESE FIREARMS OR PISTOLS IN THE MANNER PROVIDED BY LAW.
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 (Doc. No. 3640J) was adopted as follows:
Amend the bill, as and if amended, page 1, by striking lines 30 and 31, in Section 23-31-180, as contained in SECTION 1, and inserting therein:
/"Section 23-31-180. No licensed retail dealer/ .
Amend the bill further, as and if amended, page 1, line 34, in Section 23-31-180, as contained in SECTION 1, by inserting after the word /die-cast/ the words /, metal alloy/ .
Amend the bill further, as and if amended, page 2, by inserting a /./ after the word /duty/ and striking the remainder of lines 1 through 10 in Section 23-31-180, as contained in SECTION 1.
Amend title to conform.
Senator LEATHERMAN objected to further consideration of the Bill.
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.
On motion of Senator HINDS, with unanimous consent, the Bill was taken up for immediate consideration.
On motion of Senator SETZLER, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 1584 -- Senator Land: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO INCREASE THE PENALTY FOR LATE OR UNPAID INSTALLMENTS OF COMPENSATION FROM TEN PERCENT TO TWENTY-FIVE PERCENT, DELETE PROVISIONS, AND ADD PROVISIONS REGARDING THE PROCEDURE FOR HANDLING LATE OR UNPAID INSTALLMENTS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SHEALY objected to consideration of the Bill.
H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MARTSCHINK objected to consideration of the Bill.
H. 4862 -- Rep. Rama: A BILL TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, AND PROVIDE FOR DEPARTMENT REGULATIONS ON NONIONIZING AS WELL AS IONIZING RADIATION; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator THOMAS objected to consideration of the Bill.
The following Bill and Resolutions 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 LOURIE)
S. 1604 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT IN ADDITION TO 1990 PROPOSALS MAY ALSO BE MADE FOR THE GENERAL ELECTION YEARS 1992 AND 1994 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL WITH ONLY ONE QUESTION BEING REQUIRED TO BE SUBMITTED TO THE ELECTORS, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IF THOSE PROVISIONS RELATE TO THE SUBJECT MATTER OF THE ARTICLE BEING REVISED OR PROPOSED.
(On motion of Senator SHEALY)
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 amendment proposed by Senator NELL W. SMITH (Doc. No. 1370o) and printed in the Journal of May 10, 1990.
On motion of Senator NELL W. SMITH, the Concurrent Resolution was carried over.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SETZLER proposed the following Amendment No. 218 (Doc. No. 2852D, G1), which was adopted:
Amend the bill, as and if amended, Part I, Section 28, Page 0342, Line(s) 25, by:
Striking: 495,432 And
( ) ( )
Inserting: 345,432
( ) ( )
Amend, the bill further, Part I, Section 28, Page 0342, Line(s) 40, by:
Striking: 1,887 And
( ) ( )
Inserting: 151,887
( ) ( )
Amend totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 220 (Doc. No. 2839D), which was adopted:
Amend the bill, as and if amended, Part I, Section 28, Page 0353, Proviso 28.13 by:
Striking and inserting the following:
/To the extent possible within available funds, it is the intent of the General Assembly to provide for 100 percent of full implementation of the Education Finance Act. The base student cost at full implementation is determined to be $1,539 which figure includes an inflation rate of 4.9% for the current fiscal year.
In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose. If a reduction is required in the state's contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil unit. The Department of Education shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.
Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a non-matching basis on the same basis that districts receive Education Finance Act allocations. The Department of Education may not transfer EFA funds for any purpose other than for EFA allocations and as authorized herein.
$250,000 of the funds appropriated herein for the Education Finance Act must be transferred to the Joint Study Committee on Formula Funding and used by the Joint Study Committee to study the base student cost model of the EFA./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 221 (Doc. No. 4012R), which was adopted:
Amend the bill, as and if amended, Part I, Section 28, Page 0363, Proviso 28.122 by:
Striking and inserting the following:
/Funds appropriated to the State Department of Education in Part III of the 1989-90 General Appropriation Act for the automation of bus routing which are not expended at the end of the prior fiscal year may be carried forward into the current fiscal year. These funds must be used to procure bus routing software and to perform pilot tests at the district level during the current fiscal year. Information appropriate for the evaluation of the cost-effectiveness of the testing must be collected by the Department./
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 263 (Doc. No. 2853D), which was adopted:
Amend the bill, as and if amended, Part I, Section 28, Page 364, Proviso 28. by:
Adding/inserting the following:
/28.__ During the current fiscal year, a special subcommittee of the EIA Select Committee shall review Section 12-35-1557, the duties of the governing body of each school district as to per pupil financial effort for non-capital programs, and recommend to the EIA Select Committee and to the General Assembly by February 1, 1991 any needed changes to this EIA provision./
Amend sections, totals and title to conform.
Senator BRYAN explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 222A (Doc. No. 3935R), which was adopted:
Amend the bill, as and if amended, Part I, Section 38A, Page 409, Proviso 38A.19. by (check one):
( ) Deleting the proviso in its entirety.
(XX ) Striking the proviso in its entirety and inserting the following:
/38A.19. The Finance Commission is authorized to expend disproportionate share funds to all teaching hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are the liability of the hospital receiving the funds. These funds must be used to reimburse the hospital for expenses in providing uncompensated indigent care, however, this requirement does not apply to funds used to reimburse facilities at the Department of Mental Health./
Amend sections, totals and title to conform.
Senator J. VERNE SMITH argued in favor of the adoption of the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 31 (Doc. No. 3674R), which was tabled:
Amend the bill, as and if amended, Part I, Section 39, Page 412, Line(s) 10 and 11, by:
DELETING: Info. Res. Consultant I 60,970 60,970
ITEM NAME (2.00) (2.00)
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 61 (Doc. No. 3680R), which was tabled:
Amend the bill, as and if amended, Part I, Section 39, Page 419, Line(s) 20 and 21, by:
DELETING: Admin. Spec. B 14,363 14,363
ITEM NAME (1.00) (1.00)
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 59 (Doc. No. 3681R), which was tabled:
Amend the bill, as and if amended, Part I, Section 39, Page 0439, Line(s) 10 and 11, by:
DELETING: EMS Inspector 37,802 37,802
ITEM NAME (2.00) (2.00)
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LEVENTIS, FIELDING, MATTHEWS and LAND proposed the following Amendment No. 156 (Doc. No. 5045W), which was carried over and later withdrawn:
Amend the bill, as and if amended, Part I, Section 39, Page 455, Proviso 39.13 by:
striking and inserting the following:
Strike the last sentence: "Distribution of funds shall be based on DHEC Rape Crisis services standards and expenditures monitored by DHEC."
and Insert: /"Each center shall receive at least $25,000 except for those centers in a start-up status of which they shall receive a pro rata share of the $25,000 based on the phase in of their new operation. Any amount remaining after the distribution of the initial $25,000 to each center shall be allocated by the Department of Health and Environmental Control."/
Amend sections, totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LAND asked unanimous consent to make a motion to carry over the amendment.
Senator LEATHERMAN objected.
Senator LEVENTIS argued in favor of the adoption of the amendment.
On motion of Senator LEVENTIS, with unanimous consent, the amendment was carried over.
Senator J. VERNE SMITH proposed the following Amendment No. 46 (Doc. No. 5043W), which was adopted:
Amend the bill, as and if amended, Part I, Section 39, Page 458, Proviso 39.35 by adding/inserting the following:
/Annual renewal fees shall be due thirty (30) days from the billing date. A penalty charge of $10.00 for convenience stores and $30.00 for all other facilities shall be assessed for permit fees that are past due. A second penalty shall be assessed for permit fees sixty (60) days past due.
Owners of food service establishments and retail food stores shall furnish previous business year sales information on request of the Department.
The following food service establishments and retail food stores shall be exempt from fee charges.
Food service establishments that are part of a public or private school (kindergarten through grade 12); or are part of a child care facility.
Food service establishments at health care facilities that are regulated by the Department's Deputy Commission for Health Regulation.
Food service establishments that are operated by other state agencies or local governments that provide food for patients, clients or inmates.
Food service establishments or retail food stores that are operated by non-profit organizations for the purpose of providing meals or food to needy persons at little or no cost; or for the purpose of raising money for a charitable purpose.
An entity claiming an exemption from fee charges may be required to submit annually to the Department written evidence that it meets one or more of the above criteria./
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 246 (Doc. No. 1639o), which was adopted:
Amend the bill, as and if amended, Part I, SECTION 40, Department of Mental Health, page 467, by adding an appropriately numbered paragraph to read:
/40.__. The department may retain revenues associated with the sale of property and may expend these funds on capitol improvements approved by the Joint Bond Review Committee and the Budget and Control Board./
Renumber sections to conform.
Amend title to conform.
Senator WADDELL moved that the amendment be adopted.
The amendment was adopted.
Senator WADDELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WADDELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Leventis Lindsay Long Lourie Macaulay Martin Martschink McConnell McGill McLeod Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
Senator BRYAN proposed the following Amendment No. 251 (Doc. No. 0754I), which was adopted:
Amend the bill, as and if amended, Part I, Section 40, Page 0467, Proviso 40.20 by:
Deleting the proviso in its entirety.
Amend sections, totals and title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator HORACE C. SMITH proposed the following Amendment No. 130 (Doc. No. 0688I), which was adopted:
Amend the bill, as and if amended, Part I, Section 53, Page 537, Proviso . by:
Adding/Inserting the following:
/The Department of Probation, Parole, and Pardon Services shall contract with the Alston Wilkes Society in the amount of $50,000 from funds appropriated in Section II, Community Corrections for employment development services on behalf of parolees./
Amend sections, totals and title to conform.
Senator WADDELL explained the amendment.
Senator WADDELL moved that the amendment be adopted.
The amendment was adopted.
At 12:31 P.M., on motion of Senator WADDELL, the Senate receded from business until 2:30 P.M.
At 2:47 P.M., the Senate resumed.
Columbia, S.C., May 22, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Very respectfully,
Speaker of the House
On motion of Senator WILLIAMS, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators SALEEBY, McCONNELL and POPE of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
The following was introduced:
H. 5130 -- Rep. Mappus: A CONCURRENT RESOLUTION TO CONGRATULATE THE ST. MATTHEW'S LUTHERAN CHURCH OF CHARLESTON UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY.
On immediate consideration, the Concurrent Resolution was adopted and ordered returned to the House.
Senator PASSAILAIGUE introduced Dr. Lowry King of Charleston, Doctor of the Day.
The Senate resumed consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 63 (Doc. No. 3683R), which was tabled:
Amend the bill, as and if amended, Part I, Section 57, Page 0551, Line(s) 38 and 39, by:
Deleting: Planner IV 20,180 20,180
ITEM NAME (1.00) (1.00)
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND argued contra to the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Gilbert Helmly Hinds Hinson Land Leatherman Long Lourie Matthews McGill McLeod Mitchell Moore Mullinax Peeler Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Waddell Williams
NAYS
Giese Leventis Martschink McConnell Passailaigue Pope Rose Stilwell Thomas Wilson
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 64 (Doc. No. 3685R), which was tabled:
Amend the bill, as and if amended, Part I, Section 58, Page 555, Line(s) 9 and 10, by:
DELETING: Engineering Assoc. 60,000 60,000
ITEM NAME (2.00) (2.00)
Amend totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator WADDELL proposed the following Amendment No. 102-B (Doc. No. 0771R), which was adopted:
Amend the bill, as and if amended, Part I, Section 58, Page 555, Line(s) 35, by:
Striking: 268,984 268,984 And
(9.00) (9.00)
Inserting: 308,984 268,984
(10.00) (9.00)
Amend the bill further, page 555, line 39, by:
Striking: 14,170 14,170 And
( ) ( )
Inserting: 96,829 14,170
( ) ( )
Amend the bill further, page 555, line 40, by:
Striking: 6,000 6,000 And
( ) ( )
Inserting: 66,250 6,000
( ) ( )
Amend the bill further, page 556, line 1, by:
Striking: 18,496 18,496 And
( ) ( )
Inserting: 21,496 18,496
( ) ( )
Amend the bill further, page 556, line 2, by:
Striking: 17,462 17,462 And
( ) ( )
Inserting: 21,962 17,462
( ) ( )
Amend the bill further, page 556, line 3, by:
Adding: 10,000
Item Name ( ) ( )
Amend totals and title to conform.
Senator DRUMMOND argued in favor of the adoption of the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 66 (Doc. No. 3687R), which was tabled:
Amend the bill, as and if amended, Part I, Section 58, Page 557, Line(s) 29 and 30, by:
Deleting: Admin. Asst. II 8,514 8,514
ITEM NAME (.25) (.25)
Amend totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Hayes Helmly Hinds Hinson Land Leatherman Long Lourie Matthews McGill Moore Mullinax O'Dell Patterson Setzler Smith, J.V. Smith, N.W. Waddell Williams
NAYS
Bryan Courson Giese Leventis Martschink McConnell Passailaigue Peeler Pope Rose Shealy Stilwell Thomas Wilson
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 78 (Doc. No. 3689R), which was tabled:
Amend the bill, as and if amended, Part I, Section 60, Page 565, Line(s) 37 and 38, by:
Deleting: Agric. Lab Tech. 12,800 12,800
ITEM NAME (1.00) (1.00)
Amend totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Fielding Giese Helmly Hinson Land Leatherman Long Martin Matthews McGill McLeod Mullinax Peeler Saleeby Smith, H.C. Smith, J.V. Waddell Williams
NAYS
Bryan Courson Gilbert Leventis Macaulay McConnell O'Dell Passailaigue Pope Rose Shealy Stilwell Thomas Wilson
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 76 (Doc. No. 3884R), which was tabled:
Amend the bill, as and if amended, Part I, Section 60, Page 0566, Line(s) 20, by:
Striking: 30,587 30,587 And
( ) ( )
Inserting: 20,587 20,587
( ) ( )
Amend totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 37 (Doc. No. 3859R), which was tabled:
Amend the bill, as and if amended, Part I, Section 63, Page 0580, Line(s) 8 and 9, by:
Deleting: Wildlife Biologist 20,843 20,843
ITEM NAME (1.00) (1.00)
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND argued contra to the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Fielding Giese Hayes Helmly Hinson Land Leatherman Long Lourie Martin Matthews McGill McLeod Moore Mullinax O'Dell Patterson Saleeby Setzler Smith, H.C. Smith, J.V. Smith, N.W. Waddell Williams
NAYS
Courson Gilbert Leventis Macaulay Martschink McConnell Passailaigue Peeler Pope Rose Shealy Stilwell Thomas Wilson
The amendment was laid on the table.
Senator SETZLER requested and was granted a leave of absence from 6:30 until 8:30 P.M. today.
Senator MITCHELL requested and was granted a leave of absence from 4:30 P.M. until 12:00 Noon on Wednesday, May 23, 1990.
Senator PASSAILAIGUE proposed the following Amendment No. 38 (Doc. No. 3860R), which was tabled:
Amend the bill, as and if amended, Part I , Section 63 , Page 0585, Line(s) 29 and 30, by:
DELETING: Trades Craftsman 17,133 17,133
ITEM NAME ( 1.00 ) ( 1.00 )
Amend totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senators WADDELL and DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 145 (Doc. No. 0703I), which was tabled:
Amend the bill, as and if amended, Part I, Section 63, Page 0585, Line(s) 38, by:
Striking: 187,127 100,077 And
( ) ( )
Inserting: 167,127 80,077
( ) ( )
Amend totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 143 (Doc. No. 0701I), which was tabled:
Amend the bill, as and if amended, Part I, Section 63, Page 0586, Line(s) 02, by:
Striking: 127,644 55,144 And
( ) ( )
Inserting: 97,644 25,144
( ) ( )
Amend totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LONG proposed the following Amendment No. 245-A (Doc. No. 0781I), which was carried over:
Amend the bill, as and if amended, Part I, Section 66, Page 594, Line(s) 8 and 9, by:
Adding: Travel Dev. Spec. 31,916 31,916
Item Name (2.00) (2.00)
Amend the bill further, as and if amended, Part I, Section 66, Page 594, Line(s) 10 and 11, by:
Adding: Info. Center Manager 19,418 19,418
Item Name (1.00) (1.00)
Amend the bill further, as and if amended, Part I, Section 66, Page 594, Line(s) 12 and 13, by:
Adding: Public Info. Spec. 21,262 21,262
Item Name (1.00) (1.00)
Amend the bill further, as and if amended, Part I, Section 66, Page 594, Line(s) 14 and 15, by:
Adding: Admin. Asst. III 45,998 45,998
Item Name (2.00) (2.00)
Amend the bill further, as and if amended, Part I, Section 66, Page 594, Line(s) 16 and 17, by:
Adding: Word Processing Spec. 17,954 17,954
Item Name (1.00) (1.00)
Amend the bill further, as and if amended, Part I, Section 66, Page 594, Line(s) 22, by:
Striking: 36,225 36,225 AND
Inserting: 46,225 46,225
Amend the bill further, as and if amended, Part I, Section 66, Page 594, Line(s) 24, by:
Striking: 38,800 38,800 AND
Inserting: 48,800 48,800
Amend the bill further, as and if amended, Part I, Section 66, Page 594, Line(s) 25, by:
Striking: 33,022 33,022 AND
Inserting: 45,022 45,022
Totals and title to conform.
Senator LONG argued in favor of the adoption of the amendment and Senator WADDELL argued contra.
On motion of Senator LONG, with unanimous consent, the amendment was carried over to third reading.
Senator PASSAILAIGUE proposed the following Amendment No. 39 (Doc. No. 3861R), which was tabled:
Amend the bill, as and if amended, Part I, Section 68, Page 0606, Line(s) 3 and 4, by:
DELETING: Unclassified Positions 43,500
ITEM NAME (1.00) ( )
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator WADDELL spoke on the amendment.
Senators LINDSAY and MULLINAX argued contra to the adoption of the amendment.
Senator MULLINAX moved to lay the amendment on the table.
The amendment was laid on the table.
Senator WADDELL proposed the following Amendment No. 281 (Doc. No. 1655o), which was adopted:
Amend the bill, as and if amended, Part I, Section 68, Page 0606, Line(s) 16, by:
Striking the words /Strategic Plan/ as contained on line 16 and inserting /GIS Implementation and Update/.
Amend totals and title to conform.
Senator WADDELL explained the amendment.
Senator WADDELL moved that the amendment be adopted.
The amendment was adopted.
Senator WADDELL proposed the following Amendment No. 103 (Doc. No. 5066W), which was adopted:
Amend the bill, as and if amended, Part I, Section 74, Page 620, Line(s) 34, by:
Striking: 22,209 12,209 And
( ) ( )
Inserting: 16,209 6,209
( ) ( )
Amend further, Page 623, after Line 14 by adding:
Terminal Leave 6,000 6,000
Amend totals and title to conform.
Senator WADDELL explained the amendment.
Senator WADDELL moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN raised a Point of Order that Section 70 was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL spoke on the Point of Order.
Senator McCONNELL raised a Point of Order that the Point of Order raised by Senator LEATHERMAN came too late.
Senator McLEOD spoke on the Point of Order.
The PRESIDENT overruled the Point of Order raised by Senator LEATHERMAN.
Senator WADDELL proposed the following Amendment No. 105 (Doc. No. 0680I), which was adopted:
Amend the bill, as and if amended, Part I, Section 75, Page 625, Line(s) after 38, by:
Adding: Claims Examiner I 11,087
Item Name (1.00) ( )
Amend further, page 626, line 26 by
Striking: 298,698 And
Inserting: 301,509
Amend totals and title to conform.
Senator WADDELL explained the amendment.
Senator WADDELL moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 262A (Doc. No. 2850D), which was adopted:
Amend the bill, as and if amended, Part I, Section 75, Page 0626, Line(s) 16, by:
Inserting: 32,000 32,000
Item Name ( ) ( )
Amend totals and title to conform.
Senator SETZLER argued in favor of the adoption of the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE requested and was granted a leave of absence for the remainder of the day.
Senator LAND proposed the following Amendment No. 47 (Doc. No. 5039W), which was adopted:
Amend the bill, as and if amended, Part I, Section 77, Page 629, Line(s) after 12, by:
Adding: Attorney II 34,291 _________
ITEM NAME ( 1.00) ( )
Amend Further, Line 17, by:
Striking: 96,105 _________ AND
( ) ( )
Inserting 114,018
( ) ( )
Amend Further, Line 29, by:
Striking: 87,709 _________ AND
( ) ( )
Inserting 96,018
( ) ( )
Amend totals and title to conform.
Senator LAND argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.
Senator MULLINAX argued in favor of the adoption
of the amendment.
Senator MULLINAX moved that the amendment be adopted.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Drummond Giese Helmly Leatherman Leventis Macaulay Martschink McConnell Peeler Pope Rose Setzler Shealy Thomas Wilson
NAYS
Bryan Fielding Gilbert Hayes Hinds Hinson Holland Land Lindsay Long Lourie Matthews McGill McLeod Moore Mullinax O'Dell Patterson Saleeby Smith, H.C. Smith, N.W. Stilwell Waddell Williams
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
The amendment was adopted.
Senators HINDS and McGILL proposed the following Amendment No. 255 (Doc. No. 0739I), which was adopted:
Amend the bill, as and if amended, Part I, Section 124, Page 723 by:
Adding the following new proviso :
/___.___ The cost of maintenance and operation of the ferry between the mainland and South Island in Georgetown County shall not be deducted from maintenance and/or construction funds that are designated for Georgetown County./
Amend sections, totals and title to conform.
Senator HINDS argued in favor of the adoption of the amendment.
Senator HINDS moved that the amendment be adopted.
The amendment was adopted.
Senator WILLIAMS proposed the following Amendment No. 257 (Doc. No. 5076W), which was adopted:
Amend the bill, as and if amended, Part I, Section 129, Page 728, Proviso 129.11J by:
Adding/Inserting the following:
On line 17, right column, at the end of paragraph J:
/"Mileage between an employee's home and his/her place of employment is not subject to reimbursement. However, when an employee leaves on a business trip directly from his/her home, and does not go by the employee's headquarters, the employee shall be eligible for reimbursement for actual mileage beginning at his/her residence."/
Amend sections, totals and title to conform.
Senator WILLIAMS argued in favor of the adoption of the amendment.
Senator LINDSAY spoke on the amendment.
Senator WILLIAMS moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator WADDELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading without prejudice to any members' right to offer perfecting amendments based on the question of the degree of the amendment.
At 5:37 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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Tuesday, June 30, 2009 at 1:19 P.M.