Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the 139th Psalm (VV. 1, 4-6):
"O Lord, You have searched me and
You know me...
Before a word is on my tongue
You know it completely.
You hem me in... behind and before;
You have laid Your hand upon me.
Such knowledge is too wonderful for me... "
Let us pray.
Lord God, You have made a marvelous and wonder-filled universe, and given us a home... for a time... in the flesh... here on planet earth... for all of which we give You our praise.
Help us put together the revealed knowledge we find in the Holy Scriptures and the discovered mysteries of scientific research concerning Your creation that will help us fashion a better quality of life for us all... here!
To that end, equip us now, with such spirit and resources of mind and heart, as will make us equal to the challenges of today's tasks... in the Name of the God... who knows us well!
Amen.
Senator WADDELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WADDELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Hinds Hinson
Holland 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 Smith, J.V. Stilwell
Thomas Waddell Washington
Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 30, 1991
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointments, Members, Greenville County Magistrates, with terms to expire on April 30, 1994:
Initial Appointment Under Act 678 of 1988:
Diane D. Cagle, 6247 White Horse Road, Greenville, South Carolina 29611
Harold L. Grimsley, 15 Hampton Village, 2801 Wade Hampton Blvd., Taylors, South Carolina 29687
Harry J. Haynesworth, III, 4 McGee Street, Greenville, South Carolina 29601
S. Hunter Howard, 116 South Main Street, Simpsonville, South Carolina 29681
Carroll G. Morrow, 4798 Jordan Road, Greenville, South Carolina 29651
Mildred T. Stokes, 4 McGee Street, Greenville, South Carolina 29601
Thomas E. Taylor, 8150 Augusta Road, Piedmont, South Carolina 29673
R. Carey Werner, 117 South Main Street, Greer, South Carolina 29651
Jimmy Wilson, Sr., 514 South Fairfield Road, Greenville, South Carolina 29605
Don Irving Hensley, 34 Kellogg Avenue, Greenville, South Carolina 29605
Shirley Babb Keaton, 112 West Oak Road, Belton, South Carolina 29627-9239
Mann Batson, 203 Love Drive, Travelers Rest, South Carolina 29690 VICE Paul M. Vernon
Dill Blackwell, 1100 Little Texas Road, Travelers Rest, South Carolina 29690 VICE Herbert R. Page
Dorothy L. Butler, 17 Vicklyn Court, Greenville, South Carolina 29611 VICE Mr. Lewis McNeil - Disqualified
Vernoy Kennedy, 6 Zara Street, Greenville, South Carolina 29607 VICE Harold Lollis - Resigned
The following was received:
Document No. 1361
Promulgated By Residential Builders Commission
Residential Builders and Specialty Contractors
Received By Lt. Governor January 28, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 29, 1991
Committee requested withdrawal March 13, 1991
Withdrawn and resubmitted April 3, 1991
Revised expiration date June 18, 1991
Committee requested withdrawal April 10, 1991
Withdrawn May 8, 1991
Columbia, S.C., May 8, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 8, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 8, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3140 -- Rep. Rama: A BILL TO AMEND SECTION 16-17-446, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMATICALLY DIALED ANNOUNCING DEVICES, SO AS TO PROHIBIT THE DEVICES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 8, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3650 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1991 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 9-1-1140, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EFFECTIVE FOR A MEMBER RETIRING AFTER MARCH 31, 1991, A MEMBER SHALL RECEIVE SERVICE CREDIT FOR NOT MORE THAN NINETY DAYS OF HIS UNUSED SICK LEAVE AT NO COST TO THE MEMBER, AND TO PROVIDE THAT THIS ADDITIONAL SERVICE CREDIT MAY NOT BE USED TO QUALIFY FOR RETIREMENT; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO CONSOLIDATE INTO ONE ITEM THE DEDUCTIONS ALLOWED FOR VARIOUS TYPES OF RETIREMENT INCOME, TO DEFINE RETIREMENT INCOME, TO PROVIDE THAT A TAXPAYER MAY DEDUCT NOT MORE THAN THREE THOUSAND DOLLARS OF RETIREMENT INCOME ANNUALLY; AND TO REPEAL SECTION 12-7-436 RELATING TO AN OBSOLETE LIMITATION ON THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUES OF THE THREE CENTS ADDITIONAL TAX ON GASOLINE AND MOTOR FUELS, SO AS TO PROVIDE THAT THE ACCOUNT MUST BE REPLENISHED ANNUALLY SO THAT FIFTEEN MILLION DOLLARS OF UNOBLIGATED OR UNCOMMITTED FUNDS ARE AVAILABLE ON JULY FIRST FOR THE CURRENT YEAR, TO ALLOW FUNDS OBLIGATED OR COMMITTED IN THE PRIOR YEAR TO BE CARRIED FORWARD AND EXPENDED, TO DELETE LANGUAGE RELATING TO A LIMIT ON THE ACCOUNT, TO DELETE OBSOLETE LANGUAGE, AND TO DELETE PROVISIONS AUTHORIZING CONTINUING EXPENDITURES FOR A STATE INFRASTRUCTURE MODEL; TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO THE SPECIAL TREATMENT FOR LONG-TERM CAPITAL GAINS RECOGNIZED BETWEEN JANUARY 1, 1987, AND JUN 22, 1987, AND THE STATE INCOME TAX REFUNDS OR CREDITS ALLOWED AS A RESULT OF THE SPECIAL TREATMENT, SO AS TO REDUCE THE AMOUNT OF THE REFUND OR CREDIT ALLOWED BY ONE-HALF; TO AMEND SECTION 44-7-84 OF THE 1976 CODE, AS AMENDED, RELATING TO THE MAXIMUM NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE THAT THE ANNUAL TWO DOLLAR ADMINISTRATIVE FEE IS FOR EACH PATIENT DAY USED AND TO DELETE THE JUNE 30, 1991, EXPIRATION DATE FOR THIS ADMINISTRATIVE FEE; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-21-2420 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX, SO AS TO INCREASE THE TAX FROM FOUR TO FIVE PERCENT, ALLOW THE TAX TO BE LISTED SEPARATELY FROM THE COST OF ADMISSION ON AN ADMISSION TICKET, AND DELETE OBSOLETE LANGUAGE; AND TO AMEND SECTION 51-1-75, RELATING TO ALLOCATION AND USE OF THE ADMISSIONS TAX, SO AS TO INCREASE THE AMOUNT IN THE GENERAL FUND; TO PROVIDE THAT THE NINE ADDITIONAL CIRCUIT JUDGES ADDED PURSUANT TO ACT 610 OF 1990 SHALL TAKE OFFICE JANUARY 1, 1992, RATHER THAN JULY 1, 1991; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO DELETE THE REFERENCE TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY TO BE USED IN ADDITION TO FEES TO FINANCE THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 9-17-40 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF PUBLICLY SUPPORTED FOUR-YEAR AND POST GRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO PROVIDE THAT THE EMPLOYING INSTITUTION'S CONTRIBUTION TO THE PLAN MAY NOT BE LESS THAN FOUR AND ONE-QUARTER PERCENT OF COMPENSATION; TO AMEND SECTION 11-5-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT CERTAIN BOARDS AND COMMISSIONS REMIT REVENUES AND INCOME PROMPTLY TO THE STATE TREASURER, SO AS TO ADD TO THE LIST OF BOARDS AND COMMISSIONS THE STATE ATHLETIC COMMISSION, THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, AND THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, AND ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS AND PROVIDE THAT THE BOARDS AND COMMISSIONS LISTED IN THIS SECTION ARE KNOWN AS PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA); TO AMEND ITEM (2) OF SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN OPERATED DEVICES, SO AS TO EXEMPT FROM THE LICENSE FEES BATTING MACHINES ON WHICH ADMISSIONS TAXES ARE CHARGED; TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF A PORTION OF THE GASOLINE TAX TO COUNTIES IN PROPORTION TO THE NUMBER OF REGISTERED WATERCRAFT, SO AS TO PROVIDE THAT THE FUNDS MUST BE ALLOCATED INSTEAD OF DISTRIBUTED TO THE COUNTIES, PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT BE REIMBURSED FOR REHABILITATION COSTS IN ADDITION TO ENGINEERING AND DESIGN COSTS, AND DELETE A PROVISION WHICH PROVIDES THAT FUNDS FOR REIMBURSEMENT TO THE DEPARTMENT BE CHARGED AGAINST THE FUNDS OF THE COUNTY IN WHICH THE PROJECT IS PROPOSED; TO AMEND SECTION 4-10-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT FIVE PERCENT OF THE REVENUE GENERATED BY COUNTIES WITH FIVE MILLION DOLLARS OR MORE IN COLLECTIONS BE COMPLETELY DISTRIBUTED AMONG THOSE COUNTIES COLLECTING LESS THAN TWO MILLION DOLLARS UNTIL ALL COUNTIES ARE MADE WHOLE; TO AMEND SECTION 44-2-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT AND THE IMPOSITION OF CERTAIN ENVIRONMENTAL IMPACT FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE IS AUTHORIZED TO RETAIN AND EXPEND FOR ITS AUTHORIZED PURPOSES ONE PERCENT OF THESE ENVIRONMENTAL IMPACT FEES IT COLLECTS IN ANY FISCAL YEAR; TO AMEND SECTIONS 44-2-40, 44-2-90, AND 44-2-210, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DOUBLE THE PORTION OF THE TANK REGISTRATION FEE WHICH MAY BE USED FOR PROGRAM ADMINISTRATION AND THE ANNUAL TOTAL WHICH MAY BE EXPENDED ON ADMINISTRATION, TO PROVIDE THAT AFTER DECEMBER 31, 1998, THE TANK REGISTRATION FEE DECREASES TO FIFTY DOLLARS RATHER THAN TWENTY-FIVE DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO DECEMBER 31, 1991; AND TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT A CORPORATE TAXPAYER NOTIFY THE SOUTH CAROLINA TAX COMMISSION OF CHANGES IN CORPORATE TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE AND THE AUTHORITY OF THE COMMISSION TO ADJUST THE STATE TAX RETURN AND ISSUE A NOTICE OF ASSESSMENT, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS AND ALLOW THE COMMISSION ONE HUNDRED EIGHTY DAYS RATHER THAN NINETY DAYS AFTER RECEIPT OF NOTICE TO GIVE A NOTICE OF ASSESSMENT.
asks for a Committee of Conference, and has appointed Reps. Boan, Mattos and McTeer of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators WADDELL, DRUMMOND and SETZLER of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 474 -- Senator Hayes: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.
The House returned the Bill with amendments.
On motion of Senator J. VERNE SMITH, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 962 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 8, 1991, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., CHIEF JUSTICE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1994.
Returned with concurrence.
Received as information.
S. 964 -- Senator Mullinax: A CONCURRENT RESOLUTION RECOGNIZING DR. CHRISTIE W. WINKLER FOR HIS SACRIFICE AND GALLANT ANSWERING OF HIS COUNTRY'S CALL TO WAR AND TO WELCOME DR. WINKLER HOME FROM SAUDI ARABIA.
Returned with concurrence.
Received as information.
S. 965 -- Senator Giese: A CONCURRENT RESOLUTION TO COMMEND ONE OF THIS STATE'S MOST UNSELFISH AND CARING PERSONS, MRS. MARY L. "BETTY" DUFFIE FOR HER MORE THAN TWENTY-FIVE YEARS OF LOVING AND INSPIRED WORK WITH THE MENTALLY RETARDED AND HANDICAPPED AS THE FOUNDER AND PRESIDENT OF THE BABCOCK CENTER.
Returned with concurrence.
Received as information.
S. 966 -- Senators Passailaigue, McConnell, Martschink and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE MARGARET BERYL LACEY BAPTISTE OF CHARLESTON COUNTY FOR HER OUTSTANDING SERVICE TO THE NATIONAL ASSOCIATION OF RETIRED FEDERAL EMPLOYEES.
Returned with concurrence.
Received as information.
S. 979 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE DR. J. OBERT KEMPSON OF COLUMBIA UPON RECEIVING THE "OUTSTANDING OLDER SOUTH CAROLINIAN AWARD" BY THE SOUTH CAROLINA COMMISSION ON AGING.
Returned with concurrence.
Received as information.
The following were introduced:
S. 980 -- Senators Setzler, 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, Rose, Russell, Saleeby, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. F. W. "BILLY" CAUGHMAN, PROMINENT LEXINGTON COUNTY BUSINESS AND CIVIC LEADER, UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 981 -- Senators Williams and Matthews: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO THE BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE FOR FISCAL YEARS 1991-92 AND 1992-93 A SCHOOL DISTRICT TO RAISE ITS MILLAGE THREE MILLS IN EXCESS OF THE PRECEDING YEAR'S MILLAGE UNDER CERTAIN CONDITIONS, AND TO REQUIRE A PUBLIC HEARING BEFORE SUBMITTING THE BUDGET AND PROPOSED TAX LEVY TO COUNTY OFFICIALS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator WILLIAMS, S. 981 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3941 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.
Senator HINDS raised a Point of Order that the Bill would require an affirmative vote of two-thirds of the membership of the Senate for first reading.
Senators LEATHERMAN and SALEEBY spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator LEATHERMAN made a Parliamentary Inquiry as to when the requirement of Rule 49 must be raised.
The PRESIDENT indicated that a Bill is subject to the provisions of Rule 49 on its first reading.
On motion of Senator MITCHELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
H. 3985 -- Reps. Klapman, Koon and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. F. W. "BILLY" CAUGHMAN OF LEXINGTON COUNTY UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3439 -- Reps. Manly, Hallman, Sturkie, Rama, Smith, McKay, Wilder, Hodges, Phillips, J. Brown, McGinnis, M.O. Alexander, Scott, D. Williams, L. Elliott, Keyserling, Corning, Kempe, Beatty, Barber, L. Martin, Burriss, J. Harris, Koon, J.W. Johnson, Houck, Altman and Waldrop: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE FOR FREE BIG GAME PERMITS AND WILDLIFE MANAGEMENT AREA PERMITS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Reappointment, Member, State Human Affairs Commission, At-Large, with term to expire on June 30, 1994:
Mrs. Emily P. Tompkins, 4989 Quail Lane, Columbia, South Carolina 29206
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
Reappointment, Member, Mining Council, with term to expire on June 30, 1996:
Non-Governmental Conservationist:
Mr. Joseph Charles Northcutt, Post Office Box 794, Mt. Pleasant, South Carolina 29465
Senator WADDELL, from the Committee on Finance, submitted a favorable report on:
Reappointment, Member, South Carolina Public Service Authority, with term to expire on May 19, 1997:
Mr. Robert D. Bennett, 3532 Wolf Circle, Columbia, South Carolina 29204
Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable report on:
Appointment, Member, South Carolina Board of Youth Services, with term to expire on September 30, 1991:
5th Congressional District:
Mr. M. Truman Fallaw, 330 Shurley Street, Rock Hill, South Carolina 29732 VICE Joseph W. Hudgens (resigned)
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Reappointment, Member, State Agency of Vocational Rehabilitation, with term to expire on March 15, 1998:
5th Congressional District;
Mr. J. Hewlette Wasson, P.O. Box 817, Laurens, South Carolina 29360
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Appointment, Member, South Carolina Mental Health Commission, At-Large, with term to expire on March 21, 1994:
Mrs. Elizabeth L. Forrester, Post Office Box 162, Georgetown, South Carolina 29442 VICE Mrs. Elaine Freeman
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Reappointment, Member, S.C. Foster Care Review Board, with term to expire on June 30, 1994:
4th Congressional District:
Mrs. Carolyn M. Lee, 7562 Lone Oak Road, Spartanburg, S.C. 29303
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Reappointment, Member, S.C. Commission on Alcohol and Drug Abuse, with term to commence on July 21, 1991, and expire on July 20, 1995:
5th Congressional District:
Dr. Robert K. Carley, 2515 Digby Avenue, Newberry, S.C. 29108
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Reappointment, Member, Commission on Mental Retardation, At-Large, with term to commence on July 1, 1991, and expire on June 30, 1995:
Mr. Clarence H. Buurman, 19 Red Fox Trail, Greenville, S.C. 29615
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Reappointment, Member, S.C. Commission on Aging, with term to commence on July 1, 1991, and to expire on June 30, 1995:
5th Congressional District:
Mrs. Helen D. Brawley, 1456 Sullivan Street, Rock Hill, S.C. 29730
Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:
Reappointment, Member, S.C. Commission for the Blind, with term to expire on May 19, 1994:
5th Congressional District:
Mr. Robert R. Bell, Route 1, Box 737, Laurens, S.C. 29360
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
By prior motion, the time certain had arrived to vote on Amendment No. 10 (RES494.32) proposed by Senators LAND, HINDS, MULLINAX, POPE, MATTHEWS, WASHINGTON and REESE.
The amendment was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
SECTION 1. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to read:
Section 57-11-10. The expression `accident claims,' as used in this article, means all claims against the South Carolina Department of Highways and Public Transportation department as provided for by law, except contractual claims. The expression `gasoline tax,' as used in this article, includes taxes for the privilege of selling, consigning, using, shipping, or distributing gasoline or any substitute therefor or combination thereof, usable in internal combustion engines for the generation of power.
Section 57-11-20. All revenues and income expendable by the Department may be consolidated into one fund to be known as the "State Highway Fund," and, except as to moneys utilized by the State Treasurer for the payment of principal or interest on State highway bonds as authorized by Section 57-11-250, shall be paid out upon the authority of the Commission, on warrants of the Department approved by the Executive Director of the Department of Highways and Public Transportation or such bonded officers or employees as may be designated by the Executive Director of the Department of Highways and Public Transportation, and in the manner, and only for the several purposes, provided by law in respect to such funds. (A) All revenues dedicated by statute to the operation of the department may be consolidated into one fund to be known as the `State Highway Fund'. The `State Highway Fund' shall be held and managed by the State Treasurer separate and distinct from the General Fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as authorized by Section 57-11-250, and shall be paid out upon the authority of the commission, on warrants of the department approved by the executive director or employees as may be designated by the executive director, and in the manner, and only for the several purposes, provided by law in respect to such funds.
(B) Beginning July 1, 1992, the department must process all payment for goods and services through the Comptroller General's Office.
(C) Beginning January 1, 1993, the department shall process the payment for all personnel services through the Comptroller General's Office.
(D) The Comptroller General must issue written instructions to the department to carry out the intent of this section and the provisions of subitem (B) of item (1) of Section 57-3-460. The department must fully cooperate with the Comptroller General in the implementation of this section.
Section 57-11-30. The Department may set aside and deposit in its name a revolving fund, and all payments from such fund shall be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation Fund. Subject to the requirements and limitations established by the Comptroller General, the department may set aside and deposit in its name a revolving fund, and all payments from such fund shall be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation Fund.
Section 57-11-40. Not more than sixty days prior to the beginning of each fiscal year 1991-92 the Department department shall make an estimate of the revenues to be received by the Department department during such fiscal year, and after deducting therefrom the amounts required by the State Treasurer for the payment of the principal and interest on State state highway bonds due or falling due in such year, it shall estimate the amounts required for the payment of the expenses of the Department department for such fiscal year, including all expenses for administration, operation, collection of revenues, payment of accident claims, and law enforcement.
Section 57-11-50. From the remainder of such revenues and receipts of such fiscal year 1991-92 as estimated pursuant to Section 57-11-40, after paying the sum appropriated by said section, there is hereby appropriated a sum sufficient to maintain the highways of the State state highway system for such year in a sound and serviceable condition. Any surplus of such estimated revenues and receipts for the fiscal year, including available balances brought forward from previous years, is hereby appropriated for the construction, reconstruction, and maintenance of State state highways and for the payment of other expenses of the Department department.
Section 57-11-60. The Department department, until June 30, 1992, may issue duplicate checks, drafts, warrants, or vouchers upon receipt of a competent indemnity bond executed by the payee and guaranteed by a responsible person, and the Department department may also execute indemnity bonds when, necessary to secure the issuance of duplicate checks payable to the Department department, the originals of which have been lost.
Section 57-11-70. Beginning with the fiscal year which ends June 30, 1993, the The books and accounts of the Department department shall be audited at least once a year by a certified public accountant or firm of certified public accountants, to be designated by the Governor State Auditor and the Comptroller General, and a report of the audit shall be made annually to the General Assembly. The costs and expenses of such annual audit shall be paid by the Department department out of its funds.
Section 57-11-80. The General Assembly hereby approves, ratifies, confirms and validates all outstanding indebtedness incurred for highway purposes prior to June 13, 1951, including:
(1) All State highway certificates of indebtedness;
(2) All State highway bonds; and districts and bridge districts;
And directs the payment thereof, according to their tenor and obligation, except that, in the case of reimbursement agreements securing outstanding bonds or other obligations, the South Carolina Department of Highways and Public Transportation may, in its discretion, make payments due on account of such agreements directly to the paying agent of the outstanding bonds or other such outstanding obligations. The department shall adopt a budget in accordance with the provisions of Chapters 9 and 11 of Title 11.
Section 57-11-90. (1) The State Treasurer is authorized to establish an irrevocable trust with any bank having a suitable trust department an irrevocable trust for the payment of the principal and interest of all State outstanding state highway bonds to be outstanding on July 1, 1968, and to deposit in the trust fund a sum equal to the aggregate of the principal and interest requirements of the bonds. The trust may provide that it may be invested and reinvested in obligations of the United States or any agency thereof, but with maturities consonant with the need for funds, and any income thereof not required for the payment of the principal and interest of the bonds shall be remitted to the State Highway Department department annually and shall become a part of its general highway fund. The trust instrument shall impose upon the trustee thereof the duty to make the sums required for the payment of principal and interest available to the paying agent of the outstanding bonds not later than five days preceding the several principal and interest payment dates. The State Treasurer shall be empowered to execute any and all documents necessary to implement the authorization granted by this section.
(2) When the trust authorized by subsection (1) of this section shall become effective, all remaining funds in the sinking fund established by Section 33-265 of the Code of Laws of South Carolina, 1962, shall upon request of the State Highway Department be paid to and become a part of the general highway fund of the State Highway Department.
(3) Section 33-265 of the Code of Laws of South Carolina, 1962, shall not apply to any State highway bonds and certificates of indebtedness issued subsequent to July 1, 1968.
SECTION 2. Section 11-35-45(B) of the 1976 Code is amended to read:
(B) All agencies and institutions of the State are required to comply with the provisions of this section. Beginning July 1, 1983, the Department of Mental Health, the Department of Mental Retardation, the Department of Corrections, the Interagency Council on Public Transportation, and the Sea Grants Consortium shall process all payments for goods and services through the Comptroller's Office. Only the lump sum institutions of higher education and the Department of Highways and Public Transportation shall be responsible for the payment of all goods or services within thirty work days after the receipt of the goods or services, whichever is received later, and shall pay an amount not to exceed fifteen percent per annum on any unpaid balance which exceeds the thirty work day period work-day-period.
SECTION 3. This act takes effect July 1, 1992, upon approval by the Governor.
Amend title to conform.
On motion of Senator LOURIE, with unanimous consent, the Senate agreed that debate would be limited on Amendment No. 10 to a total of five minutes for proponents and a total of five minutes for opponents.
Senator HINDS argued in favor of the adoption of the amendment and Senators LOURIE, LEATHERMAN and McCONNELL argued contra.
Senator LOURIE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Drummond Giese
Leatherman Long Lourie
Martschink McConnell Mitchell
Moore Passailaigue Peeler
Rose Russell Setzler
Shealy Smith, J.V. Stilwell
Thomas Waddell Wilson
Bryan Fielding Gilbert
Hayes Hinds Hinson
Holland Leventis Macaulay
Martin Matthews McGill
Mullinax O'Dell Patterson
Pope Reese Saleeby
Washington Williams
The amendment was laid on the table.
Senator FIELDING made a Parliamentary Inquiry as to what would be before the Senate, having now disposed of Amendment No. 10.
The PRESIDENT stated that the Senate was on S. 494.
Senator BRYAN, with unanimous consent, was recognized to speak on the Bill.
Debate was interrupted by recess, Senator BRYAN retaining the floor.
At 12:00 Noon, the Senate receded from business for the purpose of attending the Joint Assembly.
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 Concurrent Resolutions adopted by both Houses.
The Clerk of the House read the Concurrent Resolution:
H. 3977 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 8, 1991, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., CHIEF JUSTICE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1994.
The PRESIDENT announced that nominations were in order to elect a successor for Chief Justice, S.C. Supreme Court.
Senator POPE, Chairman of the Judicial Screening Committee, indicated that Justice David Walker Harwell had been screened and found qualified to serve.
Representative Harwell nominated Justice David Walker Harwell of Myrtle Beach, S.C.
Representative Gentry moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable David Walker Harwell was duly elected Chief Justice, South Carolina Supreme Court, for the term prescribed by law.
The Clerk of the House read the Concurrent Resolution:
H. 3916 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX WEDNESDAY MAY 8, 1991, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1994; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1995.
The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, First Judicial Circuit.
Senator POPE, on behalf of the Judicial Screening Committee, indicated that Mr. Walter M. Bailey, Jr., Mr. James H. Messervy, Mr. W. Newton Pough, Mr. Charles W. Whetstone, Jr., and Mr. James C. Williams had been screened and found qualified to serve.
Senator POPE withdrew the names of Mr. Bailey, Mr. Messervy, and Mr. Williams from consideration.
Senator MATTHEWS withdrew the name of Mr. Pough from consideration.
Senator MATTHEWS nominated Mr. Charles W. Whetstone, Jr. of St. Matthews, S.C.
Senator WILLIAMS and Representative Felder seconded the nomination. Senator MATTHEWS moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Charles W. Whetstone, Jr. was duly elected Judge, First Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Eleventh Judicial Circuit.
Senator POPE, on behalf of the Judicial Screening Committee, indicated that Mr. William P. Keesley and Judge Marc H. Westbrook had been screened and found qualified to serve.
Senator SETZLER withdrew the name of Judge Marc H. Westbrook from consideration.
Senator SETZLER nominated Mr. William P. Keesley of Edgefield, S.C., moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William P. Keesley was duly elected Judge, Eleventh Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for the position of Judge, Fourteenth Judicial Circuit.
Senator POPE, on behalf of the Judicial Screening Committee, indicated that Judge Donald A. Fanning, Mr. T. Reeve Sams, and Mr. Gerald C. Smoak, Sr. had been screened and found qualified to serve. Senator POPE withdrew the name of Judge Donald A. Fanning from consideration.
Senator WADDELL nominated Mr. T. Reeve Sams of Beaufort, S.C.
Senators DRUMMOND, HINDS, NELL W. SMITH, MOORE, STILWELL, GIESE, and SHEALY and Representatives Haskins, Vaughn, Keyserling, Cork, Hallman, Keegan, Burriss, and Sturkie seconded the nomination.
Senator WASHINGTON nominated Mr. Gerald C. Smoak of Walterboro, S.C.
Senators MULLINAX, FIELDING, MATTHEWS, WILLIAMS, PATTERSON, and MITCHELL and Representatives Harwell, T. C. Alexander, Rama, Holt, Mattos, J. Bailey, Meacham, A. Young, Gonzales, Rhoad, Phillips, Inabinett, White, Wilder, Brown, Carnell, Smith, Wilkes, Cromer, Scott, J. Brown, Huff, Gregory, Harvin, and Ross seconded the nomination.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Sams:
Bryan Courson Drummond
Giese Hinds Leatherman
Leventis Long Macaulay
Martin Martschink Moore
Reese Russell Shealy
Smith, N.W. Stilwell Waddell
The following named Senators voted for Mr. Smoak:
Fielding Gilbert Hayes
Lourie Matthews McConnell
McGill Mitchell Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Rose
Saleeby Setzler Smith, J.V.
Washington Williams Wilson
On motion of Rep. Gentry, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Sams:
Altman Burriss Cato
Corbett Cork Corning
Elliott, D. Elliott, L. Fair
Farr Hallman Haskins
Hayes Houck Jaskwhich
Keegan Keyserling Kirsh
Martin, M. McCraw Quinn
Sturkie Vaughn Waldrop
The following named Representatives voted for Mr. Smoak:
Alexander, M.O. Alexander, T.C. Bailey, G.
Bailey, J. Bailey, K. Baker
Barber Baxley Beasley
Beatty Bennett Boan
Brown, G. Brown, H. Brown, J.
Bruce Burch Carnell
Chamblee Clyborne Cole
Cooper Cromer Felder
Foster Fulmer Gentry
Glover Gonzales Gregory
Harris, J. Harris, P. Harrison
Harvin Harwell Hendricks
Hodges Holt Huff
Inabinett Jennings Johnson, J.C.
Johnson, J.W. Kempe Koon
Lanford Littlejohn Marchbanks
Martin, D. Martin, L. Mattos
McAbee McCain McElveen
McGinnis McKay McLeod
McTeer Meacham Neilson
Nettles Phillips Rama
Rhoad Rogers Ross
Rudnick Scott Sharpe
Sheheen Shirley Short
Smith Snow Stoddard
Townsend Tucker Waites
Wells Whipper White
Wilder Wilkes Wilkins
Williams, D. Williams, J. Wofford
Wright Young, A. Young, R.
Total Number of Senators voting 39
Total Number of Representatives voting 114
Grand Total 153
Necessary to a choice 77
Of which Mr. Sams received 42
Of which Mr. Smoak received 111
Whereupon, the PRESIDENT announced that the Honorable Gerald C. Smoak was duly elected Judge, Fourteenth Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for Family Court Judge, Fifth Judicial Circuit, Seat No. 2.
Senator POPE, on behalf of the Judicial Screening Committee, indicated that Abigail R. Rogers and Lynne W. Rogers had been screened and found qualified to serve.
Senator POPE withdrew the name of Lynne W. Rogers from consideration.
Representative Joe Brown moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Abigail R. Rogers was duly elected Judge, Family Court, Fifth Judicial Circuit, Seat No. 2 for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for Family Court Judge, Tenth Judicial Circuit, Seat No. 3.
Senator POPE, on behalf of the Judicial Screening Committee, indicated that Mr. Tommy B. Edwards and Mr. Sanford E. Haley had been screened and found qualified to serve.
Representative Patrick B. Harris withdrew the name of Mr. Sanford E. Haley and nominated Tommy B. Edwards of Walhalla, S. C.
Senators MACAULAY, MITCHELL, O'DELL, and MULLINAX and Representatives T.C. Alexander, Chamblee, Cooper, Harvin, J. W. Johnson, Townsend, Shirley, Carnell, Tucker, J. Brown, McElveen, McLeod, Ross, Cole, Barber, Baxley and Scott seconded the nomination.
Representative Patrick B. Harris moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Tommy B. Edwards was duly elected Family Court Judge for the Tenth Judicial Circuit, Seat No. 3, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for Family Court Judge, Thirteenth Judicial Circuit, Seat No. 1.
Senator POPE, on behalf of the Judicial Screening Committee, indicated that Mr. Stephen S. Bartlett and Mr. John W. Kittredge had been screened and found qualified to serve.
Senator POPE withdrew the name of Mr. Bartlett from consideration.
Representative David Wilkins nominated Mr. John Kittredge.
Senator MITCHELL seconded the nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable John W. Kittredge was duly elected Family Court Judge for the Thirteenth Judicial Circuit, Seat No. 1, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor for Family Court Judge, Fifteenth Judicial Circuit, Seat No. 1.
Senator POPE, on behalf of the Judicial Screening Committee, indicated that Mr. H.E. Bonnoitt, Jr. had been screened and found qualified to serve.
Senator POPE moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H.E. Bonnoitt, Jr. was duly elected Family Court Judge for the Fifteenth Judicial Circuit, Seat No. 1, for the term prescribed by law.
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 12:52 P.M., the Senate resumed.
S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson, Hayes and Nell W. Smith: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
Senator WILLIAMS asked unanimous consent to make the Bill a Special Order.
Senator MACAULAY objected.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
The Senate resumed consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 1 (RES494.19):
Amend the bill, as and if amended, page 37, after line 30 by adding the following:
/Section 57-11-100. The South Carolina Tax Commission must collect and report by county the taxes imposed pursuant to Chapter 27 of Title 12./
Amend the bill further, as and if amended, page 32, line 30, by inserting the following after the word /taxes/:
/by counties, as reported to the department by the Tax Commission pursuant to Section 57-11-100,/
Amend title to conform.
Senator BRYAN spoke on the amendment.
Senator LOURIE asked unanimous consent to make a motion that the Senate stand in recess until 2:30 P.M., with Senator BRYAN retaining the floor.
Senator SHEALY objected.
Senator BRYAN continued speaking on the amendment.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator LOURIE asked unanimous consent to make a motion that the Senate stand in recess until 2:30 P.M., with Senator PASSAILAIGUE retaining the floor.
Senator MULLINAX objected.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the Senate recede until 2:30 P.M.
Senator BRYAN moved that the Senate do now adjourn.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding
Gilbert Hinds Hinson
Land Leventis Macaulay
Matthews McGill Mitchell
Mullinax O'Dell Patterson
Pope Reese Saleeby
Washington Williams
Courson Giese Hayes
Leatherman Long Lourie
McConnell Moore Passailaigue
Peeler Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Wilson
Senator HOLLAND asked unanimous consent to be recorded as voting "aye".
Senator LOURIE objected.
The PRESIDENT voted "no".
The question then was the motion to recede.
Debate was interrupted by recess.
At 1:17 P.M., on motion of Senator PASSAILAIGUE, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:45 P.M. and was called to order by the PRESIDENT.
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
Senator ROSE asked unanimous consent to take up the Bill for immediate consideration.
Senator SETZLER objected.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
S. 831 -- Senator Pope: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR NEWBERRY COUNTY AND TO ABOLISH THE NEWBERRY COUNTY ELECTIONS COMMISSION AND THE BOARD OF REGISTRATION OF NEWBERRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
(By prior motion of Senator POPE)
Senator POPE requested and was granted a leave of absence beginning at 3:00 P.M. for the remainder of the day.
Senator GIESE requested and was granted a leave of absence from 3:00 - 4:30 P.M.
Senator MOORE requested and was granted a leave of absence beginning at 4:00 P.M. today.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 1 (RES494.19) proposed by Senator PASSAILAIGUE.
Senator MULLINAX argued contra to the adoption of the amendment.
Senator McCONNELL asked unanimous consent, with Senator MULLINAX retaining the floor, to make a motion to table the amendment.
Senator MULLINAX objected.
Senator MULLINAX continued arguing contra to the adoption of the amendment.
Senator PASSAILAIGUE asked unanimous consent to make a motion that the amendment be withdrawn.
Senator LAND objected.
Senator MULLINAX argued contra to the adoption of the amendment.
On motion of Senator McCONNELL, with unanimous consent, with Senator MULLINAX retaining the floor, the amendment was carried over.
Senator DRUMMOND asked unanimous consent that he, Senator MULLINAX, and Senator O'DELL be allowed to enter the Senate Chamber with their heads covered.
There was no objection.
Senator FIELDING proposed the following Amendment No. 3A (436\11728.DW):
Amend the bill, as and if amended, in Article 3, Section 57-1-40, Article 1, as contained in SECTION 1, page 4, lines 36 through 39, by striking item (3) and inserting:
/(3) `Commission' means the Department of Transportation Commission./
Amend further in Section 57-1-50, Article 3, as contained in SECTION 1, page 6, lines 17 through 29, by striking commencing with /There/ and ending with /qualify/ and inserting:
/(A) The congressional districts of this State are constituted and created highway districts of the State, designated by numbers corresponding to the numbers of the respective districts. For each district there must be chosen in the manner and for the terms of office provided in this section a highway commissioner to be known as a district highway commissioner. One commissioner, upon the advice and consent of the Senate, must be appointed by the Governor from the State at large, whose term is coterminous with that of the Governor appointing. The commissioners so chosen constitute the Department of Transportation Commission.
(B) District highway commissioners must be chosen as provided in this section for a term of office of four years, which expires on April fifteenth of the appropriate year, except that those first elected to represent the first, third, and fifth districts shall serve for terms of two years and until their successors are elected and qualify. The legislative delegations representing the counties of each highway district shall meet upon written call of a majority of the members of the delegations of each highway district at a time and place to be designated in the call for the purpose of electing a highway commissioner to represent the highway district. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given highway district constitute a quorum for the purpose of electing a district highway commissioner, but no person may be declared elected district highway commissioner who fails to receive a majority vote of the members of the Senate on the county legislative delegation and a majority vote of the members of the House of Representatives on the county legislative delegation from the highway district. The joint county legislative delegations of each highway district must be organized by the election of a chairman and a secretary, and the joint legislative delegations shall, subject to the provisions of Section 57-3-240, adopt the rules they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and secretary of the joint county legislative delegations of each highway district shall transmit immediately the name of the person elected to the Secretary of State, who shall issue to the person, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each district highway commissioner serves until his successor is elected and qualifies./
Amend further in Section 57-1-70, Article 3, as contained in SECTION 1, page 7, lines 43 through 44, and on page 8, line 1, by striking /The persons nominated by the Governor for the office of commissioner must:/ and inserting /The person nominated by the Governor for the at-large seat must:/
Amend title to conform.
Senators FIELDING and HINDS argued in favor of the adoption of the amendment.
Senator HINDS moved that the Senate stand adjourned.
Senator LOURIE made the point that a quorum was not present.
Senator LAND raised a Point of Order that the Point of Quorum was out of order inasmuch as the motion to adjourn had been made.
Senator HINDS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The question then was the motion to adjourn.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Fielding Gilbert
Hinds Holland Land
Leventis Macaulay Matthews
McGill Mullinax O'Dell
Patterson Saleeby Washington
Williams
Courson Hayes Long
Lourie Martschink McConnell
Mitchell Peeler Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Wilson
The Senate refused to adjourn.
Senator WILLIAMS requested and was granted a leave of absence beginning at 3:50 P.M. until 11:00 A.M. Thursday, May 9, 1991.
Senator LOURIE, with unanimous consent, was granted leave to speak on Amendment No. 3A.
Senator LEVENTIS assumed the Chair.
Senator FIELDING asked unanimous consent to make a motion that he be granted leave to address the Senate for two minutes with Senator LOURIE retaining the floor.
Senator MULLINAX objected.
Senator LOURIE continued speaking against Amendment No. 3A.
Senator LOURIE moved to lay the amendment on the table.
Senator MULLINAX moved that the Senate stand adjourned.
Senator J. VERNE SMITH made a Parliamentary Inquiry as to what would be before the Senate if the motion to adjourn failed.
The PRESIDENT stated that if the motion to adjourn failed, then the question would be the motion to table Amendment No. 3A.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding
Gilbert Hayes Hinds
Hinson Holland Land
Leventis Macaulay Matthews
Mullinax O'Dell Patterson
Reese Saleeby Shealy
Washington Williams
Courson Leatherman Long
Lourie Martschink McConnell
McGill Mitchell Passailaigue
Peeler Rose Russell
Setzler Smith, J.V. Smith, N.W.
Stilwell Thomas Waddell
Wilson
Debate was interrupted by adjournment.
On motion of Senator MITCHELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Reappointment, Member, Mining Council, with term to expire on June 30, 1996:
Non-Governmental Conservationist:
Mr. Joseph Charles Northcutt, Post Office Box 794, Mt. Pleasant, South Carolina 29465
Reappointment, Member, South Carolina Public Service Authority, with term to expire on May 19, 1997:
Mr. Robert D. Bennett, 3532 Wolf Circle, Columbia, South Carolina 29204
Appointment, Member, South Carolina Board of Youth Services, with term to expire on September 30, 1991:
5th Congressional District:
Mr. M. Truman Fallaw, 330 Shurley Street, Rock Hill, S.C. 29732 VICE Joseph W. Hudgens (resigned)
Reappointment, Member, State Agency of Vocational Rehabilitation, with term to expire on March 15, 1998:
5th Congressional District:
Mr. J. Hewlette Wasson, Post Office Box 817, Laurens, South Carolina 29360
Appointment, Member, South Carolina Mental Health Commission, At-Large, with term to expire on March 21, 1994:
Mrs. Elizabeth L. Forrester, Post Office Box 162, Georgetown, South Carolina 29442 VICE Elaine Freeman
Reappointment, Member, South Carolina Foster Care Review Board, with term to expire on June 30, 1994:
4th Congressional District:
Mrs. Carolyn M. Lee, 7562 Lone Oak Road, Spartanburg, South Carolina 29303
Reappointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to commence on July 21, 1991, and to expire July 20, 1995:
5th Congressional District:
Dr. Robert K. Carley, 2515 Digby Avenue, Newberry, South Carolina 29108
Reappointment, Member, Commission on Mental Retardation, At-Large, with term to commence July 1, 1991, and to expire on June 30, 1995:
Mr. Clarence H. Buurman, 19 Red Fox Trail, Greenville, South Carolina 29615
Reappointment, Member, South Carolina Commission on Aging, with term to commence on July 1, 1991, and to expire on June 30, 1995:
5th Congressional District:
Mrs. Helen D. Brawley, 1456 Sullivan Street, Rock Hill, South Carolina 29730
Reappointment, Member, South Carolina Commission for the Blind, with term to expire on May 19, 1994:
5th Congressional District - (blind):
Mr. Robert R. Bell, Route 1, Box 737, Laurens, South Carolina 29360
Reappointment, Member, State Human Affairs Commission, At-Large, with term to expire on June 30, 1994:
Mrs. Emily P. Tompkins, 4989 Quail Lane, Columbia, South Carolina 29206
Appointments, Members, Greenville County Magistrates, with terms to expire on April 30, 1994:
Initial Appointment Under Act 678 of 1988:
Diane D. Cagle, 6247 White Horse Road, Greenville, South Carolina 29611
Harold L. Grimsley, 15 Hampton Village, 2801 Wade Hampton Blvd., Taylors, South Carolina 29687
Harry J. Haynesworth, III, 4 McGee Street, Greenville, South Carolina 29601
S. Hunter Howard, 116 South Main Street, Simpsonville, South Carolina 29681
Carroll G. Morrow, 4798 Jordan Road, Greenville, South Carolina 29651
Mildred T. Stokes, 4 McGee Street, Greenville, South Carolina 29601
Thomas E. Taylor, 8150 Augusta Road, Piedmont, South Carolina 29673
R. Carey Werner, 117 South Main Street, Greer, South Carolina 29651
Jimmy Wilson, Sr., 514 South Fairfield Road, Greenville, South Carolina 29605
Don Irving Hensley, 34 Kellogg Avenue, Greenville, South Carolina 29605
Shirley Babb Keaton, 112 West Oak Road, Belton, South Carolina 29627-9239
Mann Batson, 203 Love Drive, Travelers Rest, South Carolina 29690 VICE Paul M. Vernon
Dill Blackwell, 1100 Little Texas Road, Travelers Rest, South Carolina 29690 VICE Herbert R. Page
Dorothy L. Butler, 17 Vicklyn Court, Greenville, South Carolina 29611 VICE Mr. Lewis McNeil - Disqualified
Vernoy Kennedy, 6 Zara Street, Greenville, South Carolina 29607 VICE Harold Lollis - Resigned
Appointments, Members, York County Magistrates, with terms to expire on April 30, 1995:
Initial Appointments Under Act 678 of 1988:
Ed Harvey, Bethel/Kings Mountain Township, 201 South Main Street, Clover, South Carolina 29710
Hugh Cromer, Broad River/Bullock Creek Township, Route 1, Hickory Grove, South Carolina 29717
C. A. Johnson, Catawba/Ebenezer Township, P.O. Box 11166, Rock Hill, South Carolina 29731
Brenda H. Ervin, Fort Mill Township, 114 Springs Street, Fort Mill, South Carolina 29715
Marvin C. Smith, York/Bethesda Township, P.O. Box 66, York, South Carolina 29745
Robert Jones, P.O. Box 706, Rock Hill, South Carolina 29731
Frederick McCrowery, P.O. Box 11166, Rock Hill, South Carolina 29731-11166
Appointment, Member, Berkeley County Board of Voter Registration, At-Large, with term to expire on March 12, 1992:
Ms. Andrea Olivia Holler, Post Office Box 494, Moncks Corner, South Carolina 29461 VICE J.B. Orvin
Reappointment, Member, Berkeley County Board of Voter Registration, At-Large, with term to expire on March 15, 1992:
Mr. Phillip Farley, 1049 Riverview Drive, Hanahan, South Carolina 29406
At 4:29 P.M., on motion of Senator HINDS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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