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, the Psalmist gives us a message for every age in Psalm 33 (vv. 6, 8, 12):
"By the word of the Lord were the heavens
made, the starry host by the breath of
His mouth. He gathers the waters of the
sea into jars...
"Blessed is the nation whose God is the Lord."
Let us pray.
O God our Father, the Psalmist answers the question of some as to "Whose side is God on" in the spreading conflict in the Gulf. Clearly he says that all nations should seek to get on God's side for "blessedness."
Your Providence has given us a great land, stored with treasure and power, and has cast like a protective mantle around her the oceans.
As we come to the throne-room of the Most High before we take up our tasks for the day, we bring a troubled world to Your throne of mercy.
As we send up our petitions, make us willing to pledge as collateral our own agreement to "seek first the Kingdom of God" recalling the promise... "all these things shall be added unto you."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 4, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
The South Carolina Petroleum Marketers Association would like to cordially invite the members of the Senate and their staff to a reception on Tuesday, March 5, 1991. The reception will be held from 6:00 P.M. until 8:00 P.M. in the Grand Palm Ballroom in the Columbia Marriott Hotel.
The members of the South Carolina Petroleum Marketers look forward to being with you on the evening of March 5.
With kind regards, I am
Sincerely yours,
Craig Morehead
Executive Director
Referred to the Committee on Invitations.
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.
On motion of Senator LAND, Senator MOORE was granted a leave of absence for today.
On motion of Senator WILLIAMS, Senator WADDELL was granted a leave of absence for today.
On motion of Senator RUSSELL, Senator POPE was granted a leave of absence for today.
Senator PEELER rose to a Point of Personal Privilege.
On motion of Senator BRYAN, with unanimous consent, the Senate agreed to hold an election at 11:15 A.M. on Wednesday, February 13, 1991, to elect two members to the Committee to Screen Candidates for the Legislative Audit Council.
S. 575 -- Senators Passailaigue, McConnell, Fielding, Washington and Martschink: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING ACHIEVEMENTS OF CHARLESTON NATIVE BETH DANIEL IN HER CAREER AS A PROFESSIONAL GOLFER AND WISH HER CONTINUED SUCCESS IN THE FUTURE.
Returned with concurrence.
Received as information.
S. 598 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE HERMAN LYLE EDWARDS OF AIKEN COUNTY UPON BEING RECOGNIZED AS "SOUTH CAROLINA'S TEXTILE CITIZEN OF THE YEAR - 1990".
Returned with concurrence.
Received as information.
S. 599 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE GERALD TAYLOR OF AIKEN COUNTY UPON BEING AWARDED THE "FIREFIGHTER OF THE YEAR" AWARD FOR THE BELVEDERE FIRE DISTRICT.
Returned with concurrence.
Received as information.
S. 600 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE CAPTAIN JERRY BODIE OF AIKEN COUNTY WHO WAS RECENTLY AWARDED "OFFICER OF THE YEAR" FOR THE BELVEDERE FIRE DISTRICT.
Returned with concurrence.
Received as information.
S. 604 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA STATE COLLEGE UPON ITS REACCREDITATION BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS WITHOUT THE REQUIREMENT OF A FOLLOW-UP INSPECTION.
Returned with concurrence.
Received as information.
S. 605 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 6, 1991, AS SOUTH CAROLINA STATE COLLEGE DAY.
Returned with concurrence.
Received as information.
S. 50 -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO TRANSFER THE PATRIOT'S POINT NAVAL AND MARITIME MUSEUM FROM THE CONTROL OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, AND TO DEFINE WHAT COMPOSES THE MUSEUM.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Fish, Game and Forestry.
On motion of Senator DRUMMOND, the Bill was referred to the General Committee.
The following were introduced:
S. 616 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES TO PERMANENTLY AND TOTALLY DISABLED VETERANS, SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS, THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS, OR A COUNTY VETERANS' AFFAIRS OFFICER TO ISSUE AN IDENTIFICATION CARD TO THESE VETERANS TO BE USED AS A HUNTING AND FISHING LICENSE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 617 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF VETERANS' DISCHARGE RECORDS, SO AS TO PERMIT, SUBJECT TO THE APPROVAL OF THE COUNTY GOVERNING BODY AND THE COUNTY VETERANS' AFFAIRS OFFICER, THE CLERK OF COURT TO TRANSFER ALL RESPONSIBILITIES TO THE COUNTY VETERANS' AFFAIRS OFFICER TO RECEIVE, RECORD, AND MAINTAIN DISCHARGE RECORDS.
Read the first time and referred to the General Committee.
S. 618 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS' AFFAIRS OFFICER, SO AS TO INCREASE THE TERM OF OFFICE FROM TWO TO FOUR YEARS.
Read the first time and referred to the General Committee.
S. 619 -- Senators Rose, McGill and Reese: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE LIST OF CERTAIN MATTERS THAT ARE DECLARED TO BE PUBLIC INFORMATION, SO AS TO ADD TO THAT LIST THE CONTENTS OF ALL RECOMMENDATIONS OR REPORTS GIVEN BY THE LEGISLATIVE AUDIT COUNCIL STAFF TO THE LEGISLATIVE AUDIT COUNCIL.
Read the first time and referred to the Committee on Judiciary.
S. 620 -- Senator Peeler: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE JUDGES FOR THESE CIRCUITS, SO AS TO PROVIDE THAT WHERE TWO OR MORE RESIDENT JUDGES ARE AUTHORIZED FOR ANY CIRCUIT, AT LEAST ONE MUST BE A RESIDENT OF A COUNTY IN THE CIRCUIT WITHOUT THE LARGEST POPULATION.
Read the first time and referred to the Committee on Judiciary.
S. 621 -- Senator Peeler: A BILL TO AMEND SECTION 44-17-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSPORTATION OF COURT-COMMITTED MENTALLY ILL PERSONS, SO AS TO REQUIRE THE DEPARTMENT OF MENTAL HEALTH INSTEAD OF AN OFFICER OF THE PEACE TO PROVIDE CUSTODY AND TRANSPORT OF PERSONS REQUIRING IMMEDIATE CARE.
Read the first time and referred to the Committee on Medical Affairs.
S. 622 -- Senator Hinds: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4715 SO AS TO ALLOW STATE FORESTRY COMMISSION VEHICLES TO USE RED FLASHING LIGHTS WHEN RESPONDING TO EMERGENCIES.
Read the first time and referred to the Committee on Transportation.
S. 623 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280, RELATING TO THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS SO AS TO PROHIBIT THEIR POSSESSION UNLESS AUTHORIZED, TO PROVIDE PENALTIES FOR POSSESSION OF A DEVICE, AND TO PROVIDE FOR THEIR FORFEITURE.
Read the first time and ordered placed on the Calendar without reference.
S. 624 -- Senators Shealy and Wilson: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.
Read the first time and referred to the Local Delegation.
S. 625 -- Senators Rose, 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, Reese, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIE DUBERRY OF SUMMERVILLE ON THE OCCASION OF HIS ONE HUNDRED AND TWENTY-FIRST BIRTHDAY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 626 -- Senators Drummond, Bryan, Courson, 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, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. MABLE MAUDE GIBSON WADDELL OF BEAUFORT, MOTHER OF OUR DEAR FRIEND AND COLLEAGUE, SENATOR JAMES M. WADDELL, JR., AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
Whereas, Mrs. Mable Maude Gibson Waddell of Beaufort died on February 4, 1991, at the age of ninety-one; and
Whereas, she was the widow of the late James M. Waddell, Sr., and the mother of our dear friend and colleague in the General Assembly, the Honorable James M. Waddell, Jr., Senator from Beaufort; and
Whereas, Mrs. Waddell was born in Morell, Arkansas, and was a member of First Presbyterian Church of Beaufort; and
Whereas, she was a lovely person who was loved very much by her family and many friends and will be missed greatly by all who knew her; and
Whereas, we want Senator Waddell and all of the other members of his family and his mother's friends to know that we were deeply saddened upon receiving this news and that they are uppermost in our thoughts and prayers and have our sincerest sympathy. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express deepest sorrow at the death of Mrs. Mable Maude Gibson Waddell of Beaufort, mother of our dear friend and colleague, Senator James M. Waddell, Jr., and extend sympathy to her family and many friends.
Be it further resolved that a copy of this resolution be forwarded to Senator Waddell.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3448 -- Reps. J. Bailey, Barber, Whipper, D. Martin, R. Young and Gonzales: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER THE COOPER RIVER BEING CONSTRUCTED AS PART OF THE MARK CLARK EXPRESSWAY IN CHARLESTON AS THE DON N. HOLT BRIDGE.
Whereas, Representative Don N. Holt has served in the House of Representatives since 1975 with integrity and distinction; and
Whereas, throughout his tenure in the House he has represented the citizens of his district to the very best of his ability, always mindful not only of their needs but also of the needs of Charleston County and the State as well; and
Whereas, his training and experience as a successful businessman and insurance consultant has served him well in the public sector while serving as a member of the House Ways and Means Committee and as Chairman of the Charleston County Legislative Delegation; and
Whereas, his colleagues in the General Assembly believe that it would be a fitting tribute to this outstanding South Carolinian if a significant landmark in Charleston County were named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request the Department of Highways and Public Transportation to name the bridge over the Cooper River being constructed as part of the Mark Clark Expressway in Charleston as the Don N. Holt Bridge.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
Referred to the Committee on Transportation.
H. 3468 -- Reps. Sheheen, Wilkins and Harwell: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 27, 1991.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable George T. Gregory, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, February 27, 1991.
Be it further resolved that a copy of this resolution be delivered to Chief Justice Gregory.
Referred to the Committee on Invitations.
H. 3469 -- Reps. Waites, Foster, Whipper, Keyserling, Rogers, Mattos, Sheheen, J. Bailey, Hodges, Boan, Rudnick, Manly, Glover, Kirsh, Kempe, Beatty, J. Brown and Meacham: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 13, 1991, AS "TEENAGE PREGNANCY PREVENTION AWARENESS DAY".
Referred to the Committee on Medical Affairs.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
S. 355 -- Senators Nell W. Smith, Hayes, Helmly, Hinds, Holland, Leventis, Lourie, Macaulay, Martin, Martschink, McConnell, O'Dell, Patterson, Rose, Setzler, Horace C. Smith, J. Verne Smith, Stilwell, Waddell, Wilson, Giese, Courson and Passailaigue: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 13, 1991, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 421 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.
Ordered for consideration tomorrow.
Senator HOLLAND, from the General Committee, submitted a favorable report on:
S. 422 -- Senator Land: A BILL TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A BARBER TO TRAIN MORE THAN ONE STUDENT IN HIS SHOP AT A TIME UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
H. 3469 -- Reps. Waites, Foster, Whipper, Keyserling, Rogers, Mattos, Sheheen, J. Bailey, Hodges, Boan, Rudnick, Manly, Glover, Kirsh, Kempe, Beatty, J. Brown and Meacham: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 13, 1991, AS "TEENAGE PREGNANCY PREVENTION AWARENESS DAY".
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Medical Affairs.
The Concurrent Resolution was adopted, ordered returned to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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. 3261 -- Reps. Koon and Wright: A BILL TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.
(By prior motion of Senator WILSON)
The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
S. 146 -- Senator Land: A BILL TO AMEND SECTION 56-5-5150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY DEVICES WHEN VEHICLES ARE TOWED, SO AS TO EXEMPT FARM WAGONS, TRAILERS, AND OTHER IMPLEMENTS OF HUSBANDRY.
S. 206 -- Senator Setzler: A BILL TO AMEND SECTION 12-31-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS OPERATING MOTOR VEHICLES IN THIS STATE FOR PURPOSES OF THE ROAD TAX, SO AS TO REDUCE FROM FIFTY-FIVE PERCENT TO THIRTY PERCENT THE AMOUNT OF THE ANNUAL REGISTRATION FEE CREDITED TO THE STATE HIGHWAY FUND.
S. 236 -- Senators Rose and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 43 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION FOR OR USE OF THE PLATE.
S. 248 -- Senator Martschink: A BILL TO AMEND SECTION 48-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS OF THE LOW COUNTRY RESOURCES, CONSERVATION, AND DEVELOPMENT AUTHORITY, SO AS TO CORRECT THE REFERENCE TO THE NUMBER OF MEMBERS AND DELETE THE REFERENCES TO THE INITIAL APPOINTEES AND ORGANIZATIONAL MEETING.
S. 393 -- Senators Martschink, Shealy and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.
S. 596 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (CRITERIA FOR TOXIC SUBSTANCES TO PROTECT HUMAN HEALTH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator LAND explained the Joint Resolution.
S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator BRYAN proposed the following amendment (436\11258.DW) which was adopted:
Amend the bill, as and if amended, by striking SECTION 2, page 1, lines 36 and 37, and inserting:
/SECTION 2. The first paragraph of Section 7-7-360 of the 1976 Code is amended to read:
"In Laurens County there are the following precincts: Ward 1; Ward 2; Ward 3; Ward 4; Ward 5; Ward 6; Bailey; Trinity Ridge; Wattsville; Barksdale-Narnie; Madden; Clinton 1, Box 1; Clinton 1, Box 2 Clinton No. 1, Clinton No. 2; Joanna; Lydia Mill; Mountville; Hopewell; Jones Store; Owings; Gray Court; Woodville; Shiloh; Dials; Cooks Store; Youngs; Lanford; Grays; Pleasant Mound; Steward Store; Ora; Long Branch; Cross Hill; Renno; Shady Grove; Waterloo; Tip Top; Daniels Store; Ekom; Mount Olive; Mount Pleasant; Hickory Tavern; Poplar Springs; Princeton; Brewerton; Clinton Mill; Gray Court-Owings; Ora-Lanford; Martins Store-Poplar Springs; and Princeton-Brewerton."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 589 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND TO EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.
On motion of Senator SALEEBY, with unanimous consent, S. 589 was ordered to receive a third reading on Friday, February 8, 1991.
S. 590 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; AND TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION.
On motion of Senator SALEEBY, with unanimous consent, S. 590 was ordered to receive a third reading on Friday, February 8, 1991.
S. 591 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-87-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; AND TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE.
On motion of Senator SALEEBY, with unanimous consent, S. 591 was ordered to receive a third reading on Friday, February 8, 1991.
S. 592 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND TO DEFINE TERMS; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; AND TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES.
On motion of Senator SALEEBY, with unanimous consent, S. 592 was ordered to receive a third reading on Friday, February 8, 1991.
S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION.
On motion of Senator SALEEBY, with unanimous consent, S. 593 was ordered to receive a third reading on Friday, February 8, 1991.
S. 594 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; AND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS.
On motion of Senator SALEEBY, with unanimous consent, S. 594 was ordered to receive a third reading on Friday, February 8, 1991.
S. 595 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-55-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM.
On motion of Senator SALEEBY, with unanimous consent, S. 595 was ordered to receive a third reading on Friday, February 8, 1991.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HOLLAND argued in favor of third reading of the Bill.
Senators STILWELL and MARTSCHINK proposed the following amendment (JUD362.5), which was adopted and later tabled:
Amend the bill, as and if amended, page 22, line 44, in Section 7-13-40, as contained in SECTION 2, by striking /second/ and inserting /second last/ and by striking /June/ and inserting /June August/.
Amend the bill, as and if amended, page 5, line 7, in Section 7-13-70, as contained in SECTION 5, by striking /second Tuesday in June/ and inserting /last Tuesday in August/ .
Amend the bill further, as and if amended, by striking SECTION 16 in its entirety and inserting therein:
/SECTION 16. Except for municipal primaries, all primaries for national offices, excluding the office of president, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the last Tuesday in August of each general election year./
Amend title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator STILWELL moved to reconsider the vote whereby the amendment (JUD362.5) proposed by Senators STILWELL and MARTSCHINK was adopted.
The adoption of the amendment was reconsidered.
Senator STILWELL argued in favor of the adoption of the amendment and Senator LOURIE argued contra.
Senator HOLLAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fielding Gilbert Holland
Land Leatherman Matthews
Patterson Reese Saleeby
Shealy Smith, N.W. Washington
Bryan Courson Giese
Hayes Hinds Hinson
Lourie Macaulay Martschink
McConnell McGill Mitchell
O'Dell Passailaigue Peeler
Rose Russell Setzler
Smith, J.V. Stilwell Thomas
Wilson
The Senate refused to table the amendment.
The question then was the adoption of the amendment.
The amendment was adopted:
Senator LOURIE proposed the following amendment (JUD362.8), which was adopted:
Amend the bill, as and if amended, page 5, beginning on line 6, in Section 7-13-70, as contained in SECTION 5, by striking /and for primary elections held on the second Tuesday in June of each general election year/ .
Amend the bill further, as and if amended, page 5, beginning on line 8, in Section 7-13-70, as contained in SECTION 5, by striking /shall may/ and inserting /shall/ .
Amend the bill further, as and if amended, page 5, beginning on line 13, in Section 7-13-70, as contained in SECTION 5, by inserting after the word /place./ the following /For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof./
Amend the bill, as and if amended, page 5, line 31, in Section 7-13-70, as contained in SECTION 5, by inserting before the word /After/ the following /Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. When there are an adequate number of precinct managers who vote in a precinct available to staff a precinct, then only managers who vote in that precinct shall be appointed to staff that precinct. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission./
Amend title to conform.
Senator HOLLAND explained the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator HOLLAND proposed the following amendment (JUD362.9), which was adopted:
Amend the bill, as and if amended, page 4, beginning on line 34, in Section 7-13-70, as contained in SECTION 5, by striking /Senator/ and inserting /Senator senatorial delegation/ .
Amend title to conform.
Senator HOLLAND argued in favor of the adoption of the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator HOLLAND proposed the following amendment (JUD362.4), which was adopted:
Amend the bill, as and if amended, beginning on page 6, by striking Sections 6 and 7 in their entirety and inserting therein the following:
/SECTION 6. Section 7-13-610 of the 1976 Code is amended to read:
"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare a consolidated ballot for the primary. The ballots shall must contain in print the names of all candidates who have filed to run in the primaries of all parties and shall must have a stub at the top perforated so as to be easily detached. On the stub shall must be printed `Official Consolidated State (or County) Ballot, Primary', Club______ No.______ the name of the county and the precinct, and the date of the primary. On the right side there shall must be a blank line under which shall must be printed `Initials of Issuing Officer'. The numbers shall run seriatim for each club Stubs on ballots for each precinct must be numbered consecutively, beginning with `No. 1'. The ballots shall must be furnished by the State committee Election Commission for all except members of the General Assembly, county officers, congressmen less than county officers, and circuit solicitors, for which the county committee election commission shall furnish the ballots. One ballot shall must contain the names of all persons running for State state and federal offices and United States Senator. The other ballot shall must contain the names of all persons running for the General Assembly, county offices, congressmen less than county officers, and solicitors.
All ballots Ballots furnished by the State committee Election Commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official State Ballot'. and all ballots Ballots furnished by the county committee election commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words `Official County Ballot'.
The State ballot shall be printed on yellow paper and the boxes in which it is to be deposited shall be painted the same color. The county ballot shall be printed on plain white paper and the boxes in which it is to be deposited shall be painted white. The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper. The ballot shall must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice. The ballot shall specify that a voter may vote for one or less candidate for each office, regardless of the party primary in which the candidate is running. The State Election Commission is hereby empowered to establish, under Chapter 23 of Title 1, such rules and regulations as are necessary for the proper administration of this section."
SECTION 7. Article 5, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-611. In the preparation of the ballots for a primary, the State Election Commission shall arrange the names of the candidates on the `Official County Ballot' in conformity with the following specifications:
(NAME OF PARTY)
NO:
Initials of Issuing Officer
(DATE OF ELECTION)
(NAME OF PRECINCT)
-----------------------------------------------
(NAME OF PARTY)
, 19
(DATE OF ELECTION)
(NAME OF PRECINCT)
INSTRUCTIONS - Make a cross (X) in the voting square (/ /) opposite the name of each candidate on the ballot for whom you wish to vote. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
You may vote for one, less than one, but not more than one candidate for each office of the party affiliation of the candidate.
SHERIFF / ONE SEAT TO FILL /
(Example)
PARTY PRIMARY
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
PARTY PRIMARY
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
You may vote for three, less than three, but not more than three candidates.
COUNTY COUNCIL / THREE SEATS TO FILL /
(Example)
PARTY PRIMARY
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
PARTY PRIMARY
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
Each `Official State Ballot' similarly must conform to the plan set forth in this section.
The State Election Commission is hereby empowered to promulgate such rules and regulations under Chapter 23 of Title 1 as are necessary for the arrangement of the official county ballot."/
Amend title to conform.
Senator HOLLAND argued in favor of the adoption of the amendment.
Senator HOLLAND moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL argued contra to third reading of the Bill.
Having voted on the prevailing side, Senator SETZLER moved under Rule 12 to reconsider the vote whereby the amendment (JUD362.5) proposed by Senators STILWELL and MARTSCHINK was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fielding Gilbert Hayes
Hinds Hinson Holland
Land Leatherman Lourie
Matthews McGill Mitchell
Passailaigue Patterson Reese
Setzler Shealy Smith, N.W.
Washington Williams
Bryan Courson Giese
Macaulay Martschink McConnell
O'Dell Peeler Rose
Russell Smith, J.V. Stilwell
Thomas Wilson
The adoption of the amendment was reconsidered.
Senator HOLLAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fielding Gilbert Hayes
Hinds Hinson Holland
Land Leatherman Lourie
Matthews McGill Mitchell
Passailaigue Patterson Reese
Setzler Smith, N.W. Washington
Williams
Bryan Courson Giese
Macaulay Martschink McConnell
O'Dell Peeler Rose
Russell Shealy Smith, J.V.
Stilwell Thomas Wilson
The amendment was laid on the table.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
Senators SHEALY and McCONNELL desired to be recorded as voting against the third reading of the Bill.
I voted against this for two reasons, one philosophical and one fiscal. The nominating process of candidates is a party process and should be paid for by the parties and by private contributions -- not by the taxpayers. Secondly, the fiscal impact statement shows this bill will cost $1,342,170 in the first nonprimary year and $3,408,170 in the primary year. The statement shows the Election Commission will reclassify employees and add seven new ones, not to mention adding new office space and cars.
Although I voted for passage of S. 362 on third reading and support the concept of state-run primaries, I intend to vote against any unjustified increase in the appropriation for the State Election Commission to conduct the primaries specified in this legislation. I strongly believe that the fiscal impact statement accompanying this bill greatly overestimates the actual cost associated with the implementation of S. 362.
I voted in the negative to moving the primary election date to August since I believe that a filing date in March and an election held in August will only increase the cost of campaigning at a time when the emphasis has been directed at limiting campaign expenses and contributions. If the filing date had been delayed as a part of this proposal, I would have voted in the affirmative.
I voted for S. 362 because I believe the State of South Carolina would benefit from state-run primaries. However, I oppose unnecessary additional expenditures by the State Election Commission to run the primaries and will scrutinize and oppose them when the budget arrives in the Senate for debate.
Senator WILLIAMS moved that when the Senate adjourns on Friday, it stand adjourned to meet next Tuesday, February 12, 1991, at 12:00 Noon, which motion was adopted.
At 12:53 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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