Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the word from the Epistle to the Hebrews, Chapter 12 (12,14):
"Therefore lift your drooping hands, and
strengthen your weak knees...
Strive for peace with all men..."
Let us pray.
Eternal Spirit, God of us all, as we recall and give thanks for the life and labors of your servant, Martin Luther King, Jr., who witnessed for non-violence with his life, we pray for a return of the dream of lands where we live out our days in the flesh with respect for each other, and kindness and concern for the welfare of each other.
Teach us that the only way to conquer enemies is to make friends of them.
Good Lord, dear Lord, hear the agony of the prayers of parents, wives, and children of fighting youth of many races and nations in the ancient desert - especially the new prisoners of war!
Grant us another miracle of Your grace that we may live out our thankful days, in the Name of the God to whom all are praying.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 17, 1991
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, South Carolina Interagency Merit System Council, with term to expire June 30, 1993:
Mr. W. Thomas Lavender, Jr., Davis & Lavender, 1813 Main Street, Suite 1000, Columbia, South Carolina 29201 VICE: Sheldon J. West (deceased)
Referred to the Committee on Finance.
January 22, 1991
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, Pickens County Magistrate, with terms to expire April 3, 1994:
John B. Robinson, Jr., Route 2, Box 147-A, Central, South Carolina 29630
Stephen B. Graveley, 218 Florence Street, Pickens, South Carolina 29671
Dale Dalton, Post Office Box 65, Pickens, South Carolina 29671
January 21, 1991
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, Kershaw County Magistrate, with term to expire upon the return of Magistrate Roosevelt Osborne who is serving in the Middle East. This appointment is made pursuant to 8-17-10 et seq.
Joseph N. Connell, 623 Douglas Street, Camden, South Carolina 29020
The following was received:
Document No. 1334
Promulgated By Board of Education
Teacher Education Programs Offered By Colleges And Universities In South Carolina (43-90)
Received By Lt. Governor January 7, 1991
Referred to Senate Committee on Education
Withdrawn and Resubmitted January 22, 1991
120 day review expiration date May 7, 1991
The following was received and referred to the appropriate committee for consideration:
Document No. 1335
Promulgated By Department of Health and Environmental Control
Certification Of Need For Health Facilities And Services
Received By Lt. Governor January 21, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 21, 1991
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.
The Report of the Joint Legislative Committee on Tourism and Trade was received and was printed in the House Journal of Friday, January 18, 1991.
On motion of Senator HOLLAND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following were introduced:
S. 516 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 33 OF THE RULES OF THE SENATE, RELATING TO THE ORDER OF BUSINESS, SO AS TO PROVIDE A PROCEDURE BY WHICH A BILL, CONCURRENT RESOLUTION, OR JOINT RESOLUTION IS CONSIDERED CONTESTED.
Be it resolved by the Senate:
That Rule 33 of the Rules of the Senate be amended by adding at the end:
"The order of business designated as the Call of the regular statewide Calendar shall be comprised of any bill, concurrent resolution, or joint resolution on which three members have noted their desire to be present for the consideration of the legislation. A member shall inform the clerk of his desire to be present and may direct the clerk to have his name removed at any time."
Senator ROSE spoke on the Resolution.
Referred to the Committee on Rules.
S. 517 -- Senator Waddell: A CONCURRENT RESOLUTION TO CONGRATULATE THE ATLANTIC STATES MARINE FISHERIES COMMISSION ON THEIR FIFTIETH ANNIVERSARY OF PROMOTING, CONSERVING, AND MANAGING THE MARINE FISHERY RESOURCES OF THE ATLANTIC COASTAL STATES.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 518 -- Senators Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY ON THE DEATH OF THEIR FRIEND AND COLLEAGUE, SENATOR JOHN C. "JACK" LINDSAY OF MARLBORO COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
Whereas, the members of the General Assembly were saddened to learn of the death on Friday, January 11, 1991, of their friend and colleague, Senator John C. "Jack" Lindsay of Marlboro County, ten days after undergoing lung transplant surgery at University of North Carolina Hospitals, in Chapel Hill, North Carolina; and
Whereas, his colleagues in the General Assembly who in the last year witnessed the effects of his debilitating illness well understood that his fighting spirit would lead him to a daring and risky decision to pursue the remedy of transplant surgery; and
Whereas, while this gallant gamble that he undertook ended sadly, all who knew him and worked with him can appreciate his desire to engage in a frontal assault on his illness, even as he understood the length of the odds; and
Whereas, his untimely death has silenced the voice and removed a mind that for thirty-seven years worked for the people of his native Marlboro County, first in the House of Representatives from 1953 to 1962 and in the Senate beginning in 1963, and which, as the years passed, put a distinctive imprint on the government of this State; and
Whereas, Senator Lindsay, a Marine veteran of World War II, graduated with a law degree from the University of South Carolina in 1951, was a Shriner, served on the board of trustees of the Marlboro County General Hospital, contributed enormously to the success of the South Carolina Housing Authority by virtue of his ex officio membership on the board, was a member of the VFW and American Legion, and was inducted into the Wig and Robe law school honor society; and
Whereas, in a long public career that witnessed great achievements as well as hardships and sorrows, the booming oratory and the razor-sharp mind of Senator Lindsay was daily engaged in the deliberations affecting the lives and fortunes of the people of this State; and
Whereas, in his service he exhibited those virtues common to all successful leaders -- intelligence, understanding of not only issues but also of the needs of his colleagues, unflagging persistence, and the ability to keep confidences; and
Whereas, all who knew him; those who worked with him and those who on occasion fought him, realize that a giant is gone from us, and that his going leaves a void that will not easily be filled. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, expresses sorrow on the death of its friend and colleague, Senator John C. "Jack" Lindsay of Marlboro County and extends sympathy to his family and friends.
Be it further resolved that a copy of this resolution be forwarded to his widow, Mrs. Frances B. Lindsay, and his two sons, John C. Lindsay, Jr. (Chuck) and David Lindsay.
Senator WILLIAMS spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 519 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES.
Read the first time and referred to the Committee on Banking and Insurance.
S. 520 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER.
Read the first time and referred to the Committee on Banking and Insurance.
S. 521 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-725 SO AS TO REQUIRE THAT THE RATES FOR ANY HEALTH INSURANCE POLICY FORM PROPOSED TO BE USED FOR GROUPS FROM TWO TO TWENTY-FOUR MUST BE FIXED WITH REFERENCE TO THE COMBINED EXPERIENCE OF THE INSURER WITH RESPECT TO RELEVANT POLICIES, TO PROVIDE FOR THE APPLICATION OF CERTAIN RISK AND BENEFIT FACTORS, AND TO LIMIT THE EXTENT TO WHICH EXPERIENCE ADJUSTMENT AT ANY RENEWAL DATE CAN BE MADE FOR THESE POLICIES TO AN AMOUNT TWENTY PERCENT, GREATER OR LESS, THAN THE COMBINED RATE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 522 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REQUIRE THAT THESE POLICIES PROPOSED TO BE USED FOR ANY GROUP OF FROM TWO TO TWENTY-FOUR PERSONS MAY NOT BE CANCELED OR NONRENEWED EXCEPT FOR NONPAYMENT OF PREMIUMS, FRAUD, OR MATERIAL MISREPRESENTATION IN THE APPLICATION, FAILURE TO MAINTAIN PARTICIPATION REQUIREMENTS, OR BREACH OF OTHER CONTRACT PROVISIONS UNLESS ALL POLICIES ISSUED ON THE SAME FORM ARE CANCELED OR NONRENEWED AT THE SAME TIME.
Read the first time and referred to the Committee on Banking and Insurance.
S. 523 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-71-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY.
Read the first time and referred to the Committee on Banking and Insurance.
S. 524 -- Senators Bryan, Lourie and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-102 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MUST BE ELECTED AND TO PROVIDE FOR HIS TERM, QUALIFICATIONS, AND FOR THE FILLING OF VACANCIES; TO AMEND SECTION 38-3-60, RELATING TO THE INSURANCE COMMISSION AND THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE THE LANGUAGE EMPOWERING THE COMMISSION TO SELECT AND EMPLOY THE CHIEF INSURANCE COMMISSIONER; AND TO REPEAL SECTION 38-3-100 RELATING TO THE CHIEF INSURANCE COMMISSIONER, EFFECTIVE UPON HIS ELECTION.
Read the first time and referred to the Committee on Banking and Insurance.
S. 525 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED FROM TWENTY-FIVE PERSONS TO TWO PERSONS, AND TO REQUIRE AN INSURER TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER.
Read the first time and referred to the Committee on Banking and Insurance.
S. 526 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-71-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, DISCONTINUANCE, AND REPLACEMENT, SO AS TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.
Read the first time and referred to the Committee on Banking and Insurance.
S. 527 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR BIENNIAL CONTINUING EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 528 -- Senators Stilwell and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP GUIDELINES TO ENSURE THAT INSTRUCTORS AT INSTITUTIONS OF HIGHER EDUCATION ARE PROFICIENT IN ENGLISH, THAT GRIEVANCE PROCEDURES FOR STUDENTS WITH INSTRUCTORS WHO ARE NOT ABLE TO SPEAK ENGLISH ARE ESTABLISHED, AND THAT AN ANNUAL REPORT OF THE COMPLAINTS AND THEIR DISPOSITIONS IS MADE TO THE COMMISSION.
Read the first time and referred to the Committee on Education.
S. 529 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.
Read the first time and referred to the Committee on Finance.
S. 530 -- Senators Passailaigue, O'Dell, McGill, Helmly, Nell W. Smith, Giese, Mitchell, McConnell, Rose and Fielding: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO DRAFT AND USE A FORM, TO BE FILED BY CERTAIN TAXPAYERS, THAT WOULD DISCLOSE CERTAIN INFORMATION BY TAXPAYERS WHO CLAIMED OR WILL CLAIM A TAX REFUND AS A RESULT OF THE TREATMENT OF CAPITAL GAINS RECOGNITION BY SECTION 12-7-460.
Senator PASSAILAIGUE spoke on the Joint Resolution.
Read the first time and referred to the Committee on Finance.
S. 531 -- Senator Fielding: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1990 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1992 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3266 -- Reps. Manly, M.O. Alexander, Mattos, Jaskwhich, Clyborne, Baker, Fair, Cato, Wilkins, Vaughn and Haskins: A CONCURRENT RESOLUTION CONGRATULATING THE GREENVILLE COUNTY MEDICAL SOCIETY ON THE OCCASION OF ITS ONE HUNDREDTH YEAR, AND COMMENDING THIS OUTSTANDING ORGANIZATION FOR ITS EXCELLENT WORK AND COUNTLESS CONTRIBUTIONS DURING THE PAST CENTURY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3267 -- Reps. Sheheen, T. Alexander, Beasley, Bennett, Boan, Carnell, Foster, Hayes, Mattos, McTeer, Waldrop and Wilkins: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 30, 1991.
Be it resolved by the House of Representatives, the Senate concurring:
That His Excellency, Carroll A. Campbell, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 30, 1991, in the Hall of the House of Representatives.
Referred to the Committee on Invitations.
H. 3281 -- Rep. R. Young: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF STALL HIGH SCHOOL IN NORTH CHARLESTON, SOUTH CAROLINA, FOR WINNING THE STATE CHEERLEADING COMPETITION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3282 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WOODROW MIZZELL OF DORCHESTER COUNTY UPON THE UPCOMING CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3164 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.
Read the first time and referred to the Committee on Transportation.
H. 3165 -- Rep. McAbee: A BILL TO DESIGNATE A ROAD IN McCORMICK COUNTY AS "GARTRELL ROAD".
Read the first time and referred to the Committee on Transportation.
H. 3190 -- Reps. Keyserling and Cork: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-21, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS OR EASEMENTS, SO AS TO AUTHORIZE THE BEAUFORT COUNTY OPEN LAND TRUST, INCORPORATED, TO ACQUIRE AND DISPOSE OF THESE RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND OTHER CONSERVATION ORGANIZATIONS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 91 -- Senators McConnell, Giese and Wilson: A BILL TO AMEND SECTION 11-35-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF PURCHASES OF FURNITURE, FLOOR AND WALL COVERINGS, AND DECORATIVE AND ORNAMENTAL ITEMS BY A GOVERNMENTAL BODY, SO AS TO INCLUDE EQUIPMENT AND OFFICES OF AN EMPLOYEE WITH DUTIES AND RESPONSIBILITIES SIMILAR TO AN AGENCY DIRECTOR OR ASSISTANT AGENCY DIRECTOR UNDER THE REPORTING REQUIREMENTS.
S. 187 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
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 (JUD62.1) was adopted as follows:
Amend the bill, as and if amended, page 2, line 27, by striking /1987/ and inserting /1897/ in Section 22-1-10(A), as contained in SECTION 1.
Amend title to conform.
Senator ROSE proposed the following amendment to (RES62.1):
Amend the bill, as and if amended, page 2, line 9, by adding the following after /performed/ and before /./:
/, except for bona fide illness or as otherwise provided by law/
Amend title to conform.
Senator LAND objected to further consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 224 -- Senators Rose and McConnell: A SENATE RESOLUTION TO AMEND RULE 4 OF THE RULES OF THE SENATE, RELATING TO THE SENATE JOURNAL, SO AS TO REQUIRE THAT AN ASTERISK BE PLACED IN THE JOURNAL BESIDE THE NAME OF A SENATOR REPORTED AS VOTING ON A QUESTION WHO WAS NOT PRESENT WHEN THE VOTE WAS TAKEN BY THE SENATE, AND TO REQUIRE THE INCLUSION OF A NOTATION EXPLAINING THE SIGNIFICANCE OF PLACING THE ASTERISK BESIDE A SENATOR'S NAME UNDER THESE CIRCUMSTANCES.
Senator McCONNELL moved to reconsider the vote whereby the Senate Resolution was adopted.
There was no objection.
On motion of Senator McCONNELL, the Resolution was taken up for immediate consideration. The question being the adoption of the Resolution.
Senator McCONNELL proposed the following amendment (RES224.2), which was adopted:
Amend the resolution, as and if amended, page 1, by striking lines 26-37 in their entirety and inserting the following:
In the publication of the results of a roll call vote, the Clerk shall cause an asterisk to be placed in the Journal beside the name of a Senator reported in the Journal as voting on a question who in fact was not present in the Chamber at the time the vote was taken by the Senate. The Clerk shall cause appropriate notation to be placed in the Journal to indicate that an asterisk on a roll call vote means that the Senator beside whose name the asterisk appears was not present in the Chamber at the time the vote on the question was taken.
Amend title to conform.
Senator McCONNELL spoke on the amendment.
The amendment was adopted.
There being no further amendments, the Senate Resolution was adopted as amended.
S. 514 -- Senators Holland, Saleeby, McConnell, Hayes, Pope, Matthews and Stilwell: 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 AN EXTENSION OF SINE DIE ADJOURNMENT TO CONSIDER REAPPORTIONMENT.
On motion of Senator HOLLAND, with unanimous consent, the Bill was taken up for immediate consideration. The question being the second reading of the Bill.
Senator HOLLAND spoke on the Bill.
On motion of Senator HOLLAND, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
Senators THOMAS and WILSON desired to be recorded as voting against the second reading of the Bill.
We oppose S. 514 because it is premature to extend the session for reapportionment. Every effort should be made to expedite this very important issue to provide for redistricting as soon as possible so that the public is fully aware of the districts for Congress, State Senate, and House of Representatives. No action should be taken to delay consideration. To extend the date now signals the issue may be subject to procrastination and obfuscation leading to confusion and protracted and costly legal maneuvers. All efforts should be made for timely and open legislative debate.
On motion of Senator WADDELL, the Senate agreed to dispense with the remainder of the Motion Period.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
On motion of Senator ROSE, with unanimous consent, the Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (RES 62.1) proposed by Senator ROSE.
Senator ROSE explained the amendment.
On motion of Senator ROSE, the amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 120 -- Senators Martschink and Wilson: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEER IN THE DEFINITION OF EMPLOYEE; AND SECTION 33-55-210, RELATING TO THE RECOVERY FOR TORTS AGAINST CHARITABLE ORGANIZATIONS AND LICENSED HEALTH CARE PROVIDERS, SO AS TO INCLUDE NONPROFIT AS WELL AS CHARITABLE ORGANIZATIONS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MARTSCHINK proposed the following amendment (RES120.1):
Amend the Committee Report of the Senate Judiciary Committee, as and if amended, page 1, line 29, by striking /three hundred thousand dollars/ and inserting /two hundred thousand dollars/.
Amend title to conform.
On motion of Senator LOURIE, the Bill was carried over.
S. 445 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 5 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE DETERMINATION OF WHEN A SENATOR HAS THE FLOOR, SO AS TO REQUIRE A SENATOR DESIRING TO SPEAK TO RISE AND ADDRESS THE PRESIDENT AND TO PROVIDE THAT THE SENATOR DESIRING TO SPEAK MAY NOT PROCEED UNTIL HE IS RECOGNIZED BY THE PRESIDENT.
The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the Senate Resolution.
Senator McCONNELL proposed the following amendment (RES445.1):
Amend the resolution, as and if amended, on line 27 by inserting:
Amend further, by adding after line 34, the following:
When a Senator raises a question of order, as provided for in Rule 7, the President shall stop all other debate and allow the Senator raising the question to explain the point of order subject only to a superior question of order."
Amend title to conform.
Senator McCONNELL explained the amendment.
On motion of Senator MOORE, the Resolution was carried over.
S. 231 -- Senator Pope: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC/5232.HC) proposed by Senator POPE and printed in the Journal of January 17, 1991.
Senator POPE explained the amendment.
On motion of Senator POPE, the Bill was carried over.
S. 496 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 389 OF 1955, AS AMENDED, RELATING TO THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT IN ANDERSON AND GREENVILLE COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO OWN AND OPERATE RECREATIONAL FACILITIES AND TO LIMIT THE EXPENDITURE OF TAX REVENUES OF THE DISTRICT WITH RESPECT TO RECREATIONAL NEEDS.
On motion of Senator WADDELL, the Bill was carried over.
On motion of Senator Holland, the seal of secrecy was removed and the Senate stood adjourned.
MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Maj. Gen. (Ret.) James William Duckett, former President of The Citadel.
At 1:26 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 2:30 P.M.
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