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, this is the day of our annual visit of the "Children with Disabilities", supported by the Easter Seal Society. In the Book of Revelation we read (7:14):
"These are they which came out of great tribulation ..."
Let us pray.
Our heavenly Father, we remember that in the days of the life of Jesus in the flesh, men, women and little children came to him for help. They came, the lame, and those afflicted with all kinds of physical, mental, and spiritual handicaps.
We thank You for all the healing and help that the Easter Seal Society has been able to provide for so many, spurred on by the Restaurant Association and the Law Enforcement Officers Association.
Continue, O Lord, to give great joy and satisfaction to those who serve on the helping team through technology, talent ... and gifts for the therapies ... in the Name and in the spirit of the Great Galilean who went about doing good.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Thank you sincerely for your kind expression of sympathy. It was deeply appreciated and is gratefully acknowledged.
Dear Mr. Caggiano,
Please extend to the members of the South Carolina Senate our thanks for the beautiful flowers sent to Jack's service. Their thoughtfulness and many kindnesses to us is greatly appreciated.
Sincerely,
Frances Lindsay
March 7, 1991
March 8, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
I would like to extend a formal invitation to the members of the Senate, their spouses and the clerks and attaches of the Senate to attend Du Pont's annual legislative reception on April 24, 1991, at the Marriott Hotel in Columbia. Hours for the reception will be from 6:00 until 8:00 P.M.
This annual event is jointly sponsored by the three Dupont manufacturing sites in South Carolina, our 24 motor fuel/convenience store Conoco outlets across the state and our State Affairs organization. In addition to the members of the General Assembly, we will also be inviting our Constitutional Officers and Department heads with whom we interact.
We have always found this to be a good opportunity to have our managers meet the leaders of state government and look forward to a favorable reply from your committee.
Sincerely,
W.B. Clark
Referred to the Committee on Invitations.
March 11, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
It is with great pleasure that the South Carolina Chapter of the American Institute of Architects invites the South Carolina Legislature to a reception May 1, 1991. The event is scheduled from 6 P.M. until 8 P.M. at our Chapter Headquarters, 1522 Richland Street, Columbia.
We look forward to hosting this reception and honoring the members of the South Carolina Senate and House of Representatives.
Yours very truly,
Katherine W. Smith
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 LOURIE was granted a leave of absence for today.
Senator NELL W. SMITH rose to a Point of Personal Privilege.
Senator DRUMMOND rose to a Point of Personal Privilege.
Columbia, S.C., March 13, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Appointment, Member, Allendale County Master-in-Equity, with term to expire on December 31, 1996:
Mr. Walter H. Sanders, Jr., 117 Main Street, Allendale, South Carolina 29827
Very respectfully,
Speaker
Received as information.
Senator J. VERNE SMITH introduced Dr. Ted Watson of Greenville, S.C., Doctor of the Day.
S. 720 -- Senators Lourie, Wilson and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES HORNER, OF SHAW AIR FORCE BASE, UNITED STATES NINTH AIR FORCE COMMANDER OF FORCES IN OPERATION DESERT STORM, FOR SERVING HIS STATE AND NATION BRAVELY AND WITH DISTINCTION IN THE ALLIED FORCES' EFFORT IN THE MIDDLE EAST TO FREE KUWAIT AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A DATE AND TIME CONVENIENT TO THE LIEUTENANT GENERAL.
Returned with concurrence.
Received as information.
S. 747 -- Senators Drummond and Lourie: A CONCURRENT RESOLUTION COMMENDING COACH RED MYERS OF GREENWOOD FOR A CAREER OF HIGHLY SUCCESSFUL INVOLVEMENT IN ATHLETICS AND COACHING AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
Returned with concurrence.
Received as information.
The following were introduced:
S. 753 -- Senators Mullinax, Lourie and O'Dell: A BILL TO PROVIDE THAT THE ELECTION WHICH CERTAIN STATE RETIREMENT SYSTEMS ALLOW A MEMBER OF THAT RETIREMENT SYSTEM TO MAKE, WHEREBY MONTHLY OR OTHER CONTRIBUTIONS TO THE SYSTEM MAY BE PAID BY HIM ON THE BASIS OF HIS THEN EARNABLE COMPENSATION DURING THE TIME HE IS ON A LEAVE OF ABSENCE ON ACCOUNT OF MILITARY SERVICE, MAY BE MADE BEFORE THE MEMBER GOES ON THIS LEAVE OF ABSENCE OR AFTER THE MEMBER RETURNS TO HIS COVERED EMPLOYMENT FROM THE LEAVE OF ABSENCE.
Read the first time and referred to the Committee on Finance.
S. 754 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REENACTING SECTION 50-11-25 SO AS TO PROVIDE THAT A BLIND FOR HUNTING MIGRATORY WATERFOWL ON PUBLIC LAND MUST BE CONSTRUCTED OF BIODEGRADABLE MATERIALS, THAT IT IS FOR PUBLIC USE AND NOT UNDER THE CONTROL OF THE PERSON WHO CONSTRUCTED IT, AND TO ESTABLISH A MISDEMEANOR FOR HUNTING MIGRATORY WATERFOWL FROM A BLIND MORE THAN TEN FEET ABOVE SURFACE LEVEL AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 755 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-175 SO AS TO PROVIDE THAT ANY PERSON UNDER THE AGE OF FOURTEEN OPERATING A MOTORBOAT MUST BE ACCOMPANIED BY ANOTHER PERSON AT LEAST EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 756 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-375 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, COAT, VEST, OR OTHER OUTER GARMENT WITH THE SOLID, VISIBLE COLOR OF INTERNATIONAL ORANGE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 757 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-570 SO AS TO MAKE IT UNLAWFUL TO CONDUCT A COMPETITION FOR THE TAKING OR DISPLAY OF BIG GAME, TO PROVIDE AN EXEMPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 758 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO REVISE CERTAIN VIOLATIONS, INCREASE CERTAIN POINTS FOR VIOLATIONS, AND TO PROVIDE THAT OTHER TITLE 50 FISH AND GAME VIOLATIONS CARRY A PENALTY OF SIX POINTS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 759 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF DEER AND DEER PARTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, TRADE, OR BARTER BIRDS PROTECTED BY STATE LAW, GAME FISH, AND ANIMALS, EXCEPT FURBEARERS, AND TO REVISE PENALTIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 760 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL AND THE EXCEPTIONS TO THE PROHIBITION, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES SHALL ISSUE A PERMIT FOR THE SCIENTIFIC OR PROPAGATION EXCEPTIONS, TO REQUIRE THE APPLICATION FOR A PERMIT TO CONTAIN INFORMATION ON OWNERSHIP AND BOUNDARIES, AND TO ALLOW THE DEPARTMENT TO DENY OR REVOKE A PERMIT AT ITS DISCRETION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 762 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO MAKE IT UNLAWFUL TO HAVE IN ONE'S POSSESSION OR TO LAND OR SELL ANY SPECIES OF FISH TAKEN BY MEANS OF A BANGSTICK OR SIMILAR DEVICE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 763 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-85 SO AS TO MAKE UNLAWFUL AND PROHIBIT CERTAIN ACTIVITY WITHIN ONE HUNDRED YARDS OF THE SOUTH OCEAN JETTY AT THE ENTRANCE TO MURRELLS INLET AND TO PROVIDE FOR A PENALTY.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 764 -- Senator Drummond: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 765 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF A PRIVATE POND BY THE OWNER, SO AS TO PROVIDE THAT THE POND MUST BE DRAWN IN THE PRESENCE OF OR UNDER THE SUPERVISION OF A REPRESENTATIVE OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THAT FISH TAKEN AT THE DRAWING MAY BE SOLD ONLY TO THE ULTIMATE CONSUMER AND MAY NOT BE RESOLD.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 766 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAG LIMITS FOR GAME, SO AS TO LIMIT THE NUMBER OF SQUIRREL TO TEN DAILY IN EACH GAME ZONE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 767 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ISSUE SPECIAL PERMITS, SO AS TO PROVIDE THAT FURBEARING ANIMALS CAUSING DAMAGE TO A PERSON'S HOME OR PROPERTY MAY BE CAPTURED WITHIN ONE HUNDRED YARDS OF THE HOME.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 768 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-55 SO AS TO PROHIBIT THE INJURING OR WOUNDING OF WILDLIFE WITHOUT ATTEMPTING TO LOCATE IT AND TAKE IT INTO POSSESSION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 769 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROHIBIT THE ABANDONMENT OF WILDLIFE CARCASSES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 770 -- Senator Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 81 SO AS TO ENACT THE "SOUTH CAROLINA INTERIOR DESIGNERS ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, REGULATIONS, PENALTIES, AND FEES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 771 -- Senator Giese: A BILL TO AMEND SECTION 39-41-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO REVISE CERTAIN PROVISIONS TO CONFORM TO CURRENT FIRE PROTECTION STANDARDS AND TO CLARIFY THE APPLICABILITY OF CERTAIN PROVISIONS TO SERVICE STATIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolution 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. 3600 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FORMATION OF SINGLE-MEMBER SCHOOL DISTRICTS IN KERSHAW COUNTY.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 123 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.
(On motion of Senator THOMAS, with unanimous consent)
S. 418 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.
S. 663 -- Senator Land: A BILL TO REPEAL SECTION 12-54-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE TAX PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE TO BE MADE BY ANY MEANS ESTABLISHED BY THE COMMISSION, WITH THE APPROVAL OF THE STATE TREASURER, THAT MAKES THE FUNDS IMMEDIATELY AVAILABLE TO THE STATE.
S. 313 -- Senators Setzler and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-350 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO SUBMIT AN ANNUAL REPORT OF EDUCATIONAL ACHIEVEMENTS OF THE STATE'S PUBLIC, POST-SECONDARY INSTITUTIONS TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE SPECIFIC INFORMATION TO BE INCLUDED IN THE REPORT.
S. 412 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON THE DISTRIBUTION OF TOBACCO PRODUCTS, SO AS TO CHANGE THE DUE DATE FOR RETURNS FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTION 12-21-820, RELATING TO THE SALE OF BUSINESS LICENSE STAMPS TO NONRESIDENTS, SO AS TO DELETE BOND REQUIREMENTS; TO AMEND SECTION 12-21-3500, RELATING TO BINGO LICENSE REPORTING REQUIREMENTS, SO AS TO EXEMPT CLASS C LICENSES FROM THE REQUIREMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2729, SO AS TO REQUIRE SEPARATE LICENSES FOR COIN-OPERATED DEVICES WHICH TWO OR MORE PERSONS MAY PLAY INDEPENDENTLY; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3445 SO AS TO MAKE BINGO TAXES DUE ON OR BEFORE THE TWENTIETH DAY OF THE MONTH AFTER THE MONTH IN WHICH THE TAX ACCRUES; TO AMEND SECTION 12-23-60, RELATING TO THE ELECTRIC POWER TAX RETURNS, SO AS TO CHANGE THE DUE DATE FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTIONS 12-23-810 AND 12-23-830, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO DELETE PENALTIES AND INTEREST FROM THE CALCULATION OF TAX REVENUES AND TO DELETE REFERENCES TO PENALTIES, INTEREST, AND THE WAIVER OF PENALTIES AND INTEREST; TO AMEND SECTION 12-27-360, RELATING TO COLLECTION OF DELINQUENT GAS TAXES, SO AS TO PROVIDE FOR COLLECTION PURSUANT TO THE UNIFORM ASSESSMENT AND COLLECTION PROVISION; TO AMEND SECTION 12-31-430, RELATING TO THE REPORTS MADE BY MOTOR CARRIERS FOR PURPOSES OF THE ROAD TAX, SO AS TO CHANGE THE REPORTING DATE FROM THE TENTH DAY TO THE LAST DAY OF EACH REPORTING MONTH; TO AMEND SECTION 58-3-100, AS AMENDED, RELATING TO ASSESSMENTS TO PAY THE EXPENSES OF THE PUBLIC SERVICE COMMISSION, SO AS TO MAKE THE ASSESSMENT DUE ON OR BEFORE THE TWENTIETH DAY OF OCTOBER OF EVERY YEAR; AND TO REPEAL SECTION 61-3-550 SO AS TO DELETE THE BOND REQUIREMENT FOR ALCOHOLIC LIQUOR WHOLESALERS.
S. 508 -- Senators Land and Holland: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO LIMIT THE PERIOD OF ADMINISTRATIVE LEAVE WITH PAY TO NINETY DAYS.
The Senate proceeded to a consideration of the Bill. The question being third reading of the Bill.
Senator GILBERT proposed the following amendment (RES508.01), which was adopted:
Amend the bill, as and if amended, page 1, Section 8-11-40, by striking line 28, and inserting the following in lieu thereof:
/administrative leave per incident may not exceed one hundred/
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
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:
H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.
S. 70 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The amendment proposed by the Committee on Education (EDU70.1) was adopted as follows:
Amend the bill, as and if amended, by striking /1990-91/ on page 1, line 23 and inserting /1991-92/.
Amend the bill further, as and if amended, by striking /board/ on page 1, line 28.
Amend title to conform.
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. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
On motion of Senator SETZLER, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
The amendment proposed by the Committee on Labor, Commerce and Industry (LCI 371.1) was adopted as follows:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting the following:
SECTION 1. Section 29-5-20 of the 1976 Code is amended to read:
"Section 29-5-20. (a) Every laborer, mechanic, subcontractor, or person furnishing material for the improvement of real estate when the improvement has been authorized by the owner has a lien thereon, subject to existing liens of which he has actual or constructive notice, to the value of the labor or material so furnished, including the costs of the action and a reasonable attorney's fee which must be determined by the court in which the action is brought but only if the party seeking to enforce the lien prevails. If the party defending against the lien prevails, the defending party must be awarded costs of the action and a reasonable attorney's fee as determined by the court. The fee and the court costs may not exceed the amount of the lien. The lien may be enforced as herein provided.
(b) In no event shall the aggregate amount of any liens filed by a sub-subcontractor or supplier exceed the amount due by the contractor to the subcontractor to whom the sub-subcontractor or supplier has supplied labor, material, or services unless the sub-subcontractor or supplier has provided notice of intent to lien by certified or registered mail to the contractor. Such notice of intent to lien shall include:
(1) the name of the sub-subcontractor;
(2) the name of the person with whom he contracted or by whom he was employed;
(3) the labor, services or materials furnished and the contract price or value thereof. Materials specially fabricated by a person other than the one giving notice and the contract price or value thereof shall be separately stated in the notice;
(4) a description of the project where labor, services or materials were used sufficient for identification;
(5) the time when the first and the last item of labor or service or materials was actually furnished or scheduled to be furnished; and
(6) the amount due, if any.
After receiving such notice, no payment by the contractor to the subcontractor will lessen the amount recoverable by the person so giving notice.
(b)(c) Not less than fifteen days before the first term of court at which the trial is set, either party may file and serve on the other party an offer of settlement, and within ten days thereafter the party served may respond by filing and serving his offer of settlement. The offer shall state that it is made under this section and specify the amount, exclusive of interest and costs, which the party serving the offer is willing to agree constitutes a settlement of the lien. The offer supersedes any offer previously made under this section by the same party.
An offer of settlement is considered rejected unless an acceptance in writing is filed and served on the party making the offer five days before the commencement of the term.
If the offer is rejected, it may not be referred to for any purpose at the trial, but may be considered solely for the purpose of awarding costs and litigation expenses under this section.
If a written offer of settlement is made by both parties, the party whose offer is closer to the verdict reached is considered the prevailing party in the action. If the difference between both offers and the verdict is equal, neither party is considered to be the prevailing party for purposes of determining the award of costs and attorney's fees.
If the plaintiff makes no written offer of settlement, the amount prayed for in his complaint is considered to be his final offer of settlement for purposes of this section.
If the defendant makes no written offer of settlement, his offer of settlement is considered to be zero."
Amend the bill further, as and if amended, by adding an appropriately numbered Section to read:
/SECTION ___. Chapter 5 of Title 29 of the 1976 Code, as amended, is further amended by adding Section 21 to read:
"Section 29-5-21. Any person entering into a direct agreement with, or with the consent of, an owner for the improvement of real property may file with the Clerk of Court or Register of Mesne Conveyance in the county or counties where the real property is situate a Notice of Project Commencement. Such Notice of Project Commencement shall contain the following information:
(1) the name and address of the person filing the Notice of Commencement;
(2) the name and address of the owner or developer;
(3) a general description of the improvement; and
(4) the location of the project.
Such notice must be filed within forty-five days of the commencement of work and must be accompanied by a filing fee of ten dollars. The failure to file a Notice of Project Commencement shall render the provisions of Section 29-5-20(b) inapplicable. The filing of a Notice of Project Commencement shall not constitute a cloud upon the title of the real property described in the notice. The Clerk of Court or Register of Mesne Conveyance in each county shall maintain a miscellaneous book and index of all notices of project commencements."
Amend title to conform.
The following Bill and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 745 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR BERKELEY COUNTY.
S. 752 -- Senators Lourie and Courson: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 617 OF 1990, RELATING TO THE TASK FORCE TO STUDY HOMELESSNESS, SO AS TO PROVIDE ADDITIONAL MEMBERS AND CHANGE THE DATES FOR THE PRESENTATION OF THE TASK FORCE'S INTERIM AND FINAL REPORTS.
(By prior motion of Senator LOURIE, with unanimous consent)
S. 193 -- Senator Rose: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.
On motion of Senator WADDELL, the Concurrent Resolution was carried over.
S. 513 -- Senators Drummond, J. Verne Smith and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND RECODIFY THE LAW RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS BY THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER 21, TITLE 40 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO PROVIDE FOR THE CONTINUATION OF REGULATIONS PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO PROVIDE FOR THE CONTINUATION IN OFFICE OF THE MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER PRIOR LAW.
On motion of Senator POPE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS 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; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 17 (RES708.88) previously proposed by Senator MARTSCHINK and printed in the Journal of Tuesday, March 12, 1991.
Senator LAND argued contra to the adoption of Amendment No. 17 and Senator MARTSCHINK argued in favor of the adoption of Amendment No. 17.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fielding Gilbert Holland
Land Matthews Mitchell
Patterson Reese Saleeby
Waddell Washington Williams
Bryan Courson Drummond
Giese Hayes Helmly
Hinson Leatherman Macaulay
Martschink McConnell McGill
Moore O'Dell Passailaigue
Peeler Pope Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson
The Senate refused to table the amendment.
The question then was the adoption of Amendment No. 17.
Senator MITCHELL asked unanimous consent to make a motion that Amendment No. 17 be amended.
Senator STILWELL objected.
A roll call vote was ordered.
On motion of Senator WADDELL, debate was interrupted by recess.
At Twelve o'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the Concurrent Resolution:
H. 3157 -- Reps. Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1991, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1991, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES OR AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Easter Seal Representatives, their parents, and members of their party were escorted to the rostrum.
The PRESIDENT then recognized Rep. Wilder, Chairman, Joint Committee for the Disabled.
Rep. Wilder commended Officer C. F. Quinn, Jr. of the Spartanburg Public Safety Department for single-handedly raising $11,285 for the BAC Campaign and presented him with a certificate.
Rep. Wilder introduced the following members who, in turn, introduced the Easter Seal guests:
Senator POPE and Rep. Gentry introduced Sammy S. Etheredge, son of Julia and Jordan Williams of Saluda, S.C.
Senator FIELDING and Rep. D. Martin introduced Anthony Julius Gregg, son of Vera Burns and Julius Gregg of North Charleston, S.C.
Senator O'DELL and Rep. Townsend introduced Brooks W. Kay, son of Mark and Jana Kay of Anderson.
Senator HINDS and Rep. Altman introduced Ainesley Susan Lowrimore, daughter of Susan and Henry Lowrimore of Georgetown, S.C.
Rep. Keyserling introduced Emily Anne Mason, daughter of Lisa and Richard Harrington of Beaufort, S.C.
Senator PATTERSON and Rep. Joe E. Brown introduced Mr. John Smith of Columbia, S.C.
Rep. Wilder also recognized the law enforcement personnel and the South Carolina Restaurant Association who have worked so hard to make the Buck-A-Cup Campaign such a success.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:36 P.M., on motion of Senator WADDELL, the Senate receded from business until 2:00 P.M.
At 2:06 P.M., the Senate resumed.
Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Macaulay Martin
Martschink Matthews McConnell
McGill Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Washington Williams
Wilson
The Senate resumed.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
S. 743 -- Senators Holland, Hayes, Long and Patterson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.
Ordered for consideration tomorrow.
S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS 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; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 17 (RES708.88) previously proposed by Senator MARTSCHINK and printed in the Journal of Tuesday, March 12, 1991.
Senator SETZLER asked unanimous consent to carry over Amendment No. 17.
Senator SHEALY objected.
Senator SETZLER moved to carry over Amendment No. 17.
Senator MITCHELL made a Parliamentary Inquiry as to whether or not the question before the body was the adoption of Amendment No. 17.
The PRESIDENT stated that a roll call vote had been ordered on the question of the adoption of Amendment No. 17.
Senator MITCHELL, with unanimous consent, was granted leave to address remarks to the body contra to the adoption of the amendment.
Senator MOORE made a Parliamentary Inquiry as to whether or not Points of Order and Parliamentary Inquiries would be counted against the time allotted to the proponents and opponents of each amendment.
The PRESIDENT stated that neither the Points of Order nor the Parliamentary Inquiries were counted against the allotted time.
Senator MITCHELL asked unanimous consent to make a motion that Amendment No. 17 be amended.
Senator SHEALY objected.
Senator THOMAS asked unanimous consent to make a motion that a roll call vote be taken on whether to amend Amendment No. 17.
Senator BRYAN objected.
A roll call vote was again ordered on the adoption of Amendment No. 17.
Senator SETZLER made a Parliamentary Inquiry as to whether or not a roll call vote had been requested or ordered.
The PRESIDENT stated that a roll call vote had been ordered prior to the recess.
The "ayes" and "nays" having been previously demanded, were taken, resulting as follows:
Bryan Courson Drummond
Giese Hayes Helmly
Hinds Hinson Macaulay
Martschink McConnell McGill
Moore O'Dell Passailaigue
Peeler Pope Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Wilson
Fielding Gilbert Holland
Land Mitchell Patterson
Reese Saleeby Williams
Amendment No. 17 was adopted.
Having voted on the prevailing side, Senator SETZLER moved to reconsider the vote whereby Amendment No. 17 was adopted and asked unanimous consent to carry over the motion to reconsider.
Senator LEATHERMAN made a Parliamentary Inquiry as to whether or not the effect of carrying over the amendment would be to act on the amendment before the Bill received a second reading.
Senator SHEALY objected to the motion to carry over the motion to reconsider.
The PRESIDENT stated that the motion to reconsider was before the body.
The motion to reconsider failed.
Senator BRYAN made a Parliamentary Inquiry as to whether or not the Rules contained a provision to note a motion to reconsider.
The PRESIDENT stated that there was no such provision.
Senator SETZLER restated his prior motion to reconsider the vote whereby Amendment No. 17 was adopted and asked unanimous consent to carry over the motion to reconsider.
Senator THOMAS made a Parliamentary Inquiry as to whether or not the motion to reconsider could be made tomorrow.
Senator SETZLER asked unanimous consent to make a motion that the motion to reconsider the vote whereby Amendment No. 17 was adopted be carried over until tomorrow.
Senator MARTSCHINK objected.
Because the time to be heard had almost lapsed, because previous votes had indicated clearly the intent of the majority of the membership, and because the Senator in question was given the opportunity to speak on this amendment, and had indeed used that opportunity to express his opposition, I felt the objection was in order (regarding Amendment No. 17, RES708.88).
Senator BRYAN moved to reconsider the vote whereby Amendment No. 17 was adopted.
Senator SETZLER moved to carry over the motion to reconsider the vote whereby Amendment No. 17 was adopted.
The PRESIDENT stated that the motion to reconsider the vote whereby the amendment was adopted had already been disposed of.
Senator BRYAN moved to reconsider the vote whereby Amendment No. 17 was adopted and moved to carry over the motion.
Senator MARTSCHINK made a Parliamentary Inquiry as to whether or not the motion by Senator BRYAN required unanimous consent.
The PRESIDENT stated that unanimous consent was required.
Senator MARTSCHINK objected.
Senator SETZLER requested and was granted a leave of absence beginning at 5:15 P.M. for the remainder of the day.
Senator MARTSCHINK proposed the following Amendment No. 18A (RES708.89), which was ruled out of order:
Amend the bill, as and if amended, by adding a new appropriately numbered SECTION to read:
/SECTION . Section 1-11-270 of the 1976 Code is amended to read:
"Section 1-11-270. (A) The Board board shall establish criteria for individual assignment of motor vehicles based solely on the functional requirements of the job, which shall reduce reduces such the assignment to situations clearly beneficial to the State. Only the Governor and statewide elective state officials shall may be provided an automobile solely on the basis of their office. All other individuals permanently assigned with automobiles shall log all trips on a log form approved by the Board, specifying beginning and ending mileage and job function performed.
(B) An automobile owned or operated by a state agency may be used only for official state business. The automobile must not be used for the transportation of persons who are not state employees or official guests of the State. A state agency may furnish transportation of persons and materials or items necessary for the official business of the Governor, Lieutenant Governor, Circuit Court judges, Appellate Court or Supreme Court justices, and members of the General Assembly. For purposes of this section, official business does not include:
(1) transportation for members of the General Assembly to and from meetings or to and from sessions of the General Assembly, except as provided by the rules of the respective bodies;
(2) transportation to and from court sessions for Circuit Court judges or Appellate Court or Supreme Court justices; or
(3) transportation of commissioners to and from agency meetings.
(C) In an emergency situation a state agency may provide transportation to members of the General Assembly, Circuit Court judges, or Appellate Court or Supreme Court justices.
(D) Each state agency shall maintain a log on the use of all automobiles. This requirement does not apply to statewide elected officials. Each departmental person using a state vehicle shall record daily in the log the name of a nondepartmental person or the description of nondepartmental materials or items transported in the automobile. A sworn statement certifying the official nature of a person or materials transported must be furnished to the state agency by the office of the official, judge, or justice and must be placed in the log at the time of the trip. All logs must be signed by the nondepartmental person using the automobile, and the signatures must be maintained as part of the permanent record of the state agency. However, trip Trip logs shall are not required to be maintained for vehicles whose gross vehicle weight is greater than ten thousand pounds nor for vehicles assigned to full-time line law enforcement officers. Agency directors and commissioners permanently assigned state vehicles may utilize exceptions on a report denoting only official and commuting mileage in lieu of the aforementioned trip logs.
(E) Full-time agency directors and full-time agency commissioners to whom vehicles are assigned, in lieu of a trip log, may file a report on a monthly basis that will specify total mileage.
(F) Nothing in this section prohibits law enforcement agencies from providing emergency assistance to stranded motorists or from providing emergency transportation in life-threatening situations.
(G) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned for not more than thirty days for each violation."/
Renumber sections to conform.
Amend title to conform.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator McCONNELL spoke on the Point of Order.
Senator BRYAN spoke on the Point of Order.
Senator WILSON spoke on the Point of Order.
Senator HINDS spoke on the Point of Order.
Senator ROSE spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator GIESE spoke on the Point of Order.
Senator SHEALY spoke on the Point of Order.
Senator MARTSCHINK asked unanimous consent to make a motion that the amendment be carried over until the PRESIDENT could rule on the Point of Order.
Senators LAND and THOMAS objected.
The PRESIDENT sustained the Point of Order raised by Senator BRYAN.
Senator SHEALY proposed the following Amendment No. 19 (RES708.90), which was adopted:
Amend the bill, as and if amended, page 34, line 40, after the word /affinity/ and adding /, or sex/.
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN asked unanimous consent to make a motion that Amendment No. 19 be amended.
Senator SHEALY objected.
Senator SHEALY proposed the following Amendment No. 20 (RES708.91), which was adopted:
Amend the bill, as and if amended, page 85, line 23, Section 8-13-120(v)(7), by adding after the word /opinion/ the following:
/or any other person who relies on such public opinion/.
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY proposed the following Amendment No. 21 (RES708.92), which was tabled:
Amend the bill, as and if amended, page 49, Section 7-27-710(D), line 38, by adding after /./ the following:
/Government telephones shall not be used to call individuals asking, urging, suggesting, or stressing the importance of their vote./
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment and Senator HINDS argued contra.
Senator HINDS asked unanimous consent to make a motion that Amendment No. 21 be amended.
Senator SHEALY objected.
Senator STILWELL argued contra to the adoption of the amendment.
Senator STILWELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SHEALY proposed the following Amendment No. 22 (RES708.93), which was adopted:
Amend the bill, as and if amended, page 31, Section 7-27-20(7)(b), line 40, by striking the word /or/ and inserting a /,/ in lieu thereof, and by adding after the word /office/ the words /, or building/.
Amend the bill further, as and if amended, page 31, Section 7-27-20(7)(b), line 42, by striking after the word /residence/ the word /or/ and inserting a /,/ in lieu thereof, and by adding after the word /office/ the words /, or building/.
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator SHEALY moved that the amendment be adopted.
The amendment was adopted.
Senator SHEALY proposed the following Amendment No. 23 (RES708.94), which was adopted, as amended:
Amend the bill, as and if amended, page 97, Section 8-13-470, line 41, by striking after the word /system/ the words /; or/ and inserting a /./ in lieu thereof.
Amend the bill further, as and if amended, page 97, Section 8-13-470, by striking lines 42 through 44, and page 98 by striking lines 1 through 9.
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment and Senators BRYAN and POPE argued contra.
Senator PATTERSON spoke on the amendment.
Senator SALEEBY asked unanimous consent to make a motion that Amendment No. 23 be carried over.
Senator NELL W. SMITH objected.
Senator MITCHELL argued contra to the adoption of the amendment.
Senator MITCHELL moved to lay the amendment on the table.
Senator SALEEBY proposed the following Amendment No. 23B (JUD708.76), which was adopted:
Amend Amendment No. 23, by inserting after the last amending phrase:
Amend the bill, as and if amended, page 97, after line 12, by inserting the following:
/"Section 8-13-465. No public official, public member, public employee, member of a public official's, public member's, or public employee's immediate family, or business or individual associated with a public official, public member, or public employee shall sell, rent, or lease or offer to sell, rent, or lease any goods or services to any governmental entity. Provided, however, this section shall not prohibit an individual public member, public official, or public employee from receiving the compensation or salary payable to him in his official capacity by a governmental entity."/
Amend title to conform.
Senators SALEEBY, SETZLER and THOMAS argued in favor of the adoption of the amendment.
Senator GILBERT spoke on the amendment.
Senator SHEALY spoke on the amendment.
Senator SHEALY asked unanimous consent to make a motion that Amendment No. 23A be amended.
Senator BRYAN objected.
Senator SALEEBY explained the amendment.
Senator J. VERNE SMITH raised a Point of Order that the Rules require a printed copy of the amendments on each member's desk.
The PRESIDENT overruled the Point of Order.
At 4:14 P.M., on motion of Senator SALEEBY, the Senate receded from business not to exceed five minutes.
At 4:20 P.M., the Senate resumed.
The question then was the adoption of Amendment No. 23B.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Hinds Hinson
Holland Macaulay Martschink
Matthews McConnell McGill
Mitchell Moore O'Dell
Passailaigue Patterson Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Wilson
The following Senators abstained from voting:
Helmly Leatherman Peeler
Williams
Amendment No. 23B was adopted.
The question then was the adoption of Amendment No. 23, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Hinds Hinson
Holland Macaulay Martschink
McConnell McGill Moore
O'Dell Passailaigue Patterson
Pope Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Thomas
Waddell Washington Wilson
Mitchell
The following Senators abstained from voting:
Helmly Leatherman Peeler
Stilwell Williams
Amendment No. 23, as amended, was adopted.
I have on rare occasions appeared before State Boards since I was elected to the Senate and anticipate that my duties in representing clients in the future will require such appearances. The potential for a conflict on this issue is, therefore, to me clear. Accordingly, I abstain.
I abstained from voting so as to prevent any appearance of a conflict of interest as I am in the dairy business and from time to time our company has submitted bids on a competitive basis to various governmental entities.
Senator SHEALY proposed the following Amendment No. 24 (RES708.95), which was withdrawn:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:
/There shall be furnished to each newly elected member of the General Assembly a statement to read as follows:
"I hereby acknowledge and declare that, should I ever be offered anything of value in return for a vote, or not voting on any matter before the General Assembly, I will publicly inform the membership at the next convening of the body in which I serve."
Signing of such statement shall be voluntary./
Renumber sections to conform.
Amend title to conform.
Senator SHEALY explained the amendment.
Senator SHEALY asked unanimous consent to make a motion that the amendment be withdrawn.
Senator PASSAILAIGUE objected.
On motion of Senator SHEALY, with unanimous consent, the amendment was withdrawn.
Senator SHEALY proposed the following Amendment No. 25 (RES708.96), which was tabled:
Amend the bill, as and if amended, page 49, Section 7-27-710(B), beginning on line 24, by striking all after /./ through line 28.
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
Senator SALEEBY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SHEALY proposed the following Amendment No. 26 (RES708.97), which was tabled:
Amend the bill, as and if amended, page 48, Section 7-27-490(A), lines 3 through 10, by striking all after the word /cash/ on line 3, and adding a /./.
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment and Senator MATTHEWS argued contra.
Senator MATTHEWS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding
Gilbert Hayes Helmly
Hinds Hinson Holland
Land Leatherman Macaulay
Matthews McGill Mitchell
Moore O'Dell Passailaigue
Patterson Pope Reese
Rose Saleeby Smith, J.V.
Smith, N.W. Waddell Washington
Williams
Courson Martschink McConnell
Peeler Russell Shealy
Stilwell Thomas Wilson
The amendment was laid on the table.
I voted to table Amendment No. 26 (RES708.97) deleting the authority for a candidate or a candidate committee to accept cash within specific limits from individuals attending a religious service, because: (1) many poor South Carolinians do not have a checking account and, therefore, could not participate in the political process with financial contributions to candidates unless allowed to do so with cash; (2) it is desirable for the public, including the poor, to be able to contribute financially within limits to candidates, and for candidates to receive contributions from the public they represent; (3) it is common and customary for the rural poor to contribute financially to candidates at religious services; (4) therefore, an exception to the "no cash" contribution prohibition I generally support needs to be made to accommodate the poor who do not have checking accounts, want to contribute financially to their candidates and customarily do so at religious services; and (5) this exception appears to be rational and reasonable, not to violate the separation of church and state doctrine and, therefore, to be constitutional. Special accommodations sometimes need to be made for the poor; I think this is one of those instances.
Senator SHEALY proposed the following Amendment No. 27 (RES708.98), which was withdrawn:
Amend the bill, as and if amended, page 50, Section 7-27-730, line 30, by adding an appropriately numbered subsection to read:
/( ) No candidate, candidate committee, delegation, caucus or other group, except a bona fide political party shall solicit, directly or indirectly, money, food, sleeping accommodations, or other things of value unless such funds are to be used to directly promote a particular candidate or specific proposal./
Renumber sections to conform.
Amend title to conform.
Senator SHEALY argued in favor of the adoption of the amendment.
On motion of Senator SHEALY, with unanimous consent, Amendment No. 27 was withdrawn.
Senator SHEALY proposed the following Amendment No. 28 (RES708.99), which was withdrawn:
Amend the bill, as and if amended, page 50, Section 7-27-730, by adding after line 30 an appropriately numbered subsection to read:
/( ) No candidate, candidate committee, caucus, delegation, or group that promotes a political candidate shall solicit funds to be used for such person's or group's travel, lodging, or meals outside of the State of South Carolina./
Renumber sections to conform.
Amend title to conform.
On motion of Senator SHEALY, with unanimous consent, Amendment No. 28 was withdrawn:
Senator SHEALY proposed the following Amendment No. 29 (RES708.100), which was withdrawn:
Amend the bill, as and if amended, page 99, Section 8-13-470, after line 40, by adding a new subsection to read as follows:
/(C) Members of the General Assembly who are attorneys shall file annually within his annual statement of economic interest a listing of any association, group, corporation, or partnership that they or a member of the firm to which they belong represented, if any, and shall give the name of the matter, disposition made and amount of compensation, including expenses./
Renumber sections to conform.
Amend title to conform.
On motion of Senator SHEALY, with unanimous consent, Amendment No. 29 was withdrawn.
Senator PASSAILAIGUE proposed the following Amendment No. 30 (RES708.101), which was adopted:
Amend the bill, as and if amended, by adding a new appropriately numbered SECTION to read as follows:
/SECTION . Chapter 25, Title 7 of the 1976 Code is amended by adding:
"Section 7-25-200. (A) It is unlawful to offer or accept, or attempt to offer or accept, either directly or indirectly, money, a loan of money, or any other thing of value which includes, but is not limited to, employment or the promise of employment to induce a person to file or withdraw as a candidate for any state or federal elected office.
Nothing in this section shall be construed to prohibit legitimate campaign contributions or the pledge to make a campaign contribution as otherwise allowed by law. Nor shall this section prevent a person from paying from his own funds, the filing fee of an immediate family member which means a spouse, child, grandchild, mother, father, sister, or brother.
Any person convicted of violating the provisions of this section shall be fined not more than ten thousand dollars or imprisoned for not more than one year.
(B) The Attorney General or the solicitor of the judicial circuit in which the violation occurred, shall prosecute immediately a person violating the provisions of this section.
(C) Nothing in this section shall preclude appropriate civil remedies by an aggrieved party. The court shall, upon a finding that a person violated the provisions of this section, award reasonable attorney's fees and the costs of bringing such action as determined by the court."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 31 (RES708.102), which was adopted:
Amend the bill, as and if amended, page 20, SECTION 1, by adding after line 2, the following:
/"Section 2-17-45. (A) Any lobbyist or lobbyist's principal who was contacted or retained, with or without compensation, by a taxpayer with an interest in the tax refund or credit available under the capital gains provisions of Section 12-7-460 must report the name of the taxpayer to the Secretary of State. Each report must be in a form prescribed by the Secretary of State. The request for reporting information must contain the following:
(1) the name of the taxpayer;
(2) the address of the taxpayer, if known;
(3) the nature of the contact;
(4) the amount or value of any fee or compensation received from the taxpayer; and
(5) when the contact was made, whether before or after the passage of Section 12-7-460.
(B) If the lobbyist or lobbyist's principal does not file a report as required by this section, then the lobbyist or lobbyist's principal must forfeit any fee or benefit received to the State. If the lobbyist or lobbyist's principal knowingly files a false or misleading form, he is guilty of a felony and must be punished as provided for perjury.
(C) If a lobbyist or lobbyist's principal is convicted of a felony, state or federal, in connection with the passage of Section 12-7-460, the fee or benefit received must be forfeited to the State.
(D) If a taxpayer is convicted of a felony, state or federal, in connection with the passage of Section 12-7-460, the refund or credit received by the taxpayer pursuant to Section 12-7-460 must be forfeited to the State."/
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 32A (RES708.151), which was withdrawn:
Amend the bill, as and if amended, page 44, SECTION 3, by adding a new section to read as follows:
/Section 7-27-416. A person shall not offer or give a contribution nor shall a candidate for an elective office, an elected official, a candidate's committee, or a political committee supporting or opposing candidates or elected officials knowingly receive or solicit a contribution on any state property including, but not limited to, the State House complex. If a candidate or elected official discovers that a contribution was unknowingly received on state property then the candidate or elected official, the candidate's or elected official's candidate committee, or a political committee supporting or opposing a candidate or elected official must report the action in the next required report to the appropriate supervisory office. The person or committee which knowingly or unknowingly received such a contribution must return the contribution to the donating party if the donor is known. If the identity of the donor is unknown, then the contribution must be remitted to the Children's Trust Fund of South Carolina, as established in Section 20-7-5010. However, specifically excluded from the provisions of this section are any contributions received through the postal service at a candidate's, elected official's, or candidate's committee place of business and received as part of the normal course of business./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator PASSAILAIGUE asked unanimous consent to make a motion that Amendment No. 32A be amended.
Senator MARTSCHINK objected.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 32A was withdrawn.
Senator PASSAILAIGUE proposed the following Amendment No. 33 (RES708.104), which was withdrawn:
Amend the bill, as and if amended, page 44, SECTION 3, following line 34, by adding a new section to read as follows:
/Section 7-27-415. (A) There is imposed on campaign contributions to a committee a surcharge in the following amounts:
(1) For each general, primary, or runoff election for the House of Representatives or Senate:
0-$25,000 a surcharge of 10 percent
over $25,000 but not over $50,000 $2,500 plus 20 percent of the excess over
$25,000
over $50,000 but not over $75,000 $7,500 plus 30 percent of the excess over
$50,000
over $75,000 but not over $100,000 $15,000 plus 40 percent of the excess over
$75,000
over $100,000 $25,000 plus 50 percent of the excess over
$100,000
(2) For each general, primary, or runoff election for Governor:
0-$250,000 a surcharge of 5 percent
over $250,000 but not over $500,000 $12,500 plus 10 percent of the excess over
$250,000
over $500,000 but not over $750,000 $37,500 plus 15 percent of the excess over
$500,000
over $750,000 but not over $1,000,000 $75,000 plus 20 percent of the excess over
$750,000
over $1,000,000 but not over $1,250,000 $125,000 plus 25 percent of the excess over
$1,000,000
over $1,250,000 but not over $1,500,000 $187,500 plus 30 percent of the excess over
$1,250,000
over $1,500,000 but not over $1,750,000 $262,500 plus 35 percent of the excess over
$1,500,000
over $1,750,000 but not over $2,000,000 $350,000 plus 40 percent of the excess over
$1,750,000
over $2,000,000 but not over $2,250,000 $450,000 plus 45 percent of the excess over
$2,000,000
over $2,500,000 $562,500 plus 50 percent of the excess over
$2,250,000
(3) For each general, primary, or runoff election for Lieutenant Governor or any other statewide constitutional office:
0-$100,000 a surcharge of 5 percent
over 100,000 but not over $200,000 $5,000 plus 10 percent of the excess over
$100,000
over $200,000 but not over $300,000 $15,000 plus 15 percent of the excess over
$200,000
over $300,000 but not over $400,000 $30,000 plus 20 percent of the excess over
$300,000
over $400,000 but not over $500,000 $50,000 plus 25 percent of the excess over
$400,000
over $500,000 but not over $600,000 $75,000 plus 30 percent of the excess over
$500,000
over $600,000 but not over $700,000 $105,000 plus 35 percent of the excess over
$600,000
over $700,000 but not over $800,000 $140,000 plus 40 percent of the excess over
$700,000
over $800,000 but not over $900,000 $180,000 plus 45 percent of the excess over
$800,000
over $900,000 $225,000 plus 50 percent of the excess over
$900,000
(B) The money derived from this surcharge shall be deposited in an Election Trust Fund by the State Election Commission which shall be used as determined by the General Assembly for future state elections. Each committee must remit the appropriate amount to the State Election Commission at the time of the next scheduled quarterly filing after the completion of the most recent election for which contributions were accepted.
(C) If the committee does not have sufficient funds to pay the surcharge fee then the amount owed must be treated and reported as debt according to Section 7-27-1730(E). The debt due to any surcharge fee is owed to the State and the candidate shall remain personally liable to the State until the debt is resolved.
Amend the bill further, as and if amended, by adding a new appropriately numbered SECTION to read as follows:
/SECTION . Section 7-27-415 takes effect for the election cycle beginning for elections in 1992./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator SETZLER raised a Point of Order that the amendment is out of order inasmuch as it is a revenue raising measure.
Senator PASSAILAIGUE spoke on the Point of Order.
Senator SETZLER withdrew the Point of Order.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 33 was withdrawn.
Senator PASSAILAIGUE proposed the following Amendment No. 34 (RES708.105), which was carried over:
Amend the bill, as and if amended, page 43, SECTION 3, Section 7-27-410, lines 38 through 39 by striking the words /primary, primary runoff, or general election/ and inserting the words /election cycle/ in lieu thereof.
Amend the bill further, as and if amended, page 44, SECTION 3, line 1, Section 7-27-410(A)(1)(a), by striking /one thousand/ and inserting /five hundred/.
Amend the bill further, as and if amended, page 44, SECTION 3, line 3, Section 7-27-410(A)(1)(b), by striking /five hundred/ and inserting /two hundred fifty/.
Amend the bill further, as and if amended, page 48, SECTION 3, line 7, Section 7-27-490(A)(1), by striking /one thousand/ and inserting /five hundred/.
Amend the bill further, as and if amended, page 48, SECTION 3, line 9, Section 7-27-490(A)(2), by striking /five hundred/ and inserting /two hundred fifty/.
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE asked unanimous consent to make a motion that Amendment No. 34 be withdrawn and that Amendment No. 48 be taken up for immediate consideration.
Senator MACAULAY objected.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 34 was carried over.
Senator PASSAILAIGUE proposed the following Amendment No. 35 (RES708.106), which was withdrawn:
Amend the bill, as and if amended, page 91, SECTION 5, Section 8-13-410(A), line 33, by striking after the word /associated/ the word /if:/, and inserting a /./ in lieu thereof.
Amend the bill further, as and if amended, page 91, SECTION 5, Section 8-13-410(A), by striking lines 34 through 42.
Amend the bill further, as and if amended, page 94, SECTION 5, Section 8-13-430(B), line 4, by striking /from:/ and inserting a /./ in lieu thereof.
Amend the bill further, as and if amended, page 94, SECTION 5, Section 8-13-430(B) by striking lines 5 through 20.
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 35 was withdrawn.
Senator SHEALY, with unanimous consent, was granted leave to address the body with brief remarks.
Senator THOMAS proposed the following Amendment No. 36 (DKA\3221.AL), which was withdrawn:
Amend the bill, as and if amended, by striking Section 8-13-470, as contained in SECTION 5, in its entirety, beginning on page 97, line 6, and inserting:
/Section 8-13-470. No public official or public employee shall appear before the South Carolina Public Service Commission, the South Carolina Dairy Commission or the South Carolina Insurance Commission in rate or price fixing matters. This prohibition shall also apply to partners or associates in the law firm of a member of the General Assembly. Whenever it is required by law for a member of the General Assembly to appear because of his business interest as an owner or officer of such business or in his official capacity as a member of the General Assembly, the provisions of this section shall not apply. No public official or employee shall appear before the South Carolina Alcoholic Beverage Control Commission, the South Carolina Public Service Commission, the South Carolina Insurance Commission, the South Carolina Department of Highways and Public Transportation, the South Carolina Tax Commission, the South Carolina Coastal Council, the Department of Health and Environmental Control, the South Carolina Procurement Review Panel, the South Carolina Employment Security Commission, the South Carolina Workers Compensation Commission, or any other rule making body in which the General Assembly has appointive or confirming powers. This does not preclude the appearance before a court under the unified judicial system. Whenever it is required by law for a member of the General Assembly to appear because of his business as an owner or officer of such business or in his official capacity as a member of the General Assembly, the provisions of this section do not apply./
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 36 was withdrawn.
Senator MACAULAY, with unanimous consent, was granted leave to make brief remarks to the body.
On motion of Senator WILLIAMS, debate was interrupted by adjournment.
At 6:47 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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