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 some exhortations of St. Paul to the Thessalonians (I Thes. 5:16-24):
"Be joyful always; pray continually; give
thanks... Do not put out the Spirit's
fire... test everything... Hold on to
the good. Avoid every kind of evil.
May God Himself, the God of peace,
sanctify you through and through. May
your whole spirit, soul and body be kept
blameless... "
Let us pray.
O gracious and merciful God, You transcend space and time and exist in a dimension we call eternity... and yet, miracle of miracles, You are very near to all that call upon You in faith.
Help us in our decision-making to remember the words of sacred scripture that "out of the heart are the issues of life"... that if our heart is right we need not worry too much about the law.
As we come to our tasks today, help us to keep in mind the words of St. Paul, "prove all things and hold fast to the things that are good".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 15, 1991
Mr. President and Members of the Senate:
I am herewith withdrawing my letter of May 9, 1991, requesting confirmation of reappointment of Mr. Forrest Holley.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Parks, Recreation and Tourism Commission, with term to expire on June 27, 1997:
3rd Congressional District:
Mr. Forrest E. Holley, 235 Richland Avenue, Aiken, South Carolina 29801
Received as information.
May 9, 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.
Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1992:
Appraiser:
Mr. Robert O. Lighthart, Jr., 954 Harbor Towne Road, Charleston, South Carolina 29412
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1994:
Appraiser:
Mr. John M. Little, III, Little Realty Company, Post Office Box 583, Chester, South Carolina 29706
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, South Carolina Real Estate Appraisers Board, At-Large, with term to expire on May 31, 1994:
Mr. James H. Robinson, Robinson Company of Greenville, Inc., 1225 South Church Street, Greenville, South Carolina 29605
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1993:
Appraiser:
Mr. Lamar Mason, Mason Realty, Inc., 3938 Farrow Road, Columbia, South Carolina 29203
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1992:
Real Estate Broker:
Ms. Doris G. Sheriff, Alliance Realty Company, 4559-A Charlotte Highway, Lake Wylie, South Carolina 29710
Referred to the Committee on Labor, Commerce and Industry.
Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1993:
Mortgage Lending:
Mr. Jerry C. Parker, The Commercial Bank, Post Office Box D, Honea Path, South Carolina 29654
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Member, Day Care Joint Underwriting Association Board of Directors, with term to expire coterminous with the Governor:
Public:
Ms. Katherine Wright Davis, 125 Fishers Wood Drive, Columbia, South Carolina 29223-5548
Referred to the Committee on Medical Affairs.
Reappointment, Member, South Carolina Commission on Alcohol and Drug Abuse, At-Large, with term to commence on July 1, 1991, and to expire on July 1, 1995:
Mr. Robert Thomas Thompson, Jr., 9 Black Duck Road, Hilton Head Island, South Carolina 29928
Referred to the Committee on Medical Affairs.
May 14, 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.
Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire on September 6, 1992:
General Contractor:
Mr. Robert D. Shelley, Post Office Box 556, Myrtle Beach, South Carolina 29578
Referred to the General Committee.
Initial Appointment, Member, South Carolina Real Estate Appraisers Board, with term to expire on May 31, 1994:
Public:
Ms. Evelyn F. Causey, 128 Causey Street, Myrtle Beach, South Carolina 29577
Referred to the Committee on Labor, Commerce and Industry.
On motion of Senator WADDELL, with unanimous consent, Senators WADDELL, SETZLER and DRUMMOND were granted leave to meet with the Committee of Conference on H. 3650, the General Appropriation Bill, while the Senate was in session and be counted in any quorum calls and be exempt from Rule 3b.
Senator GIESE introduced Dr. Donald E. Saunders, Jr. of Columbia, S.C., Doctor of the Day.
Columbia, S.C., May 15, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
Very respectfully,
Speaker of the House
The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification, and a message was sent to the House accordingly.
Columbia, S.C., May 15, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Gentry, Nettles and Harrison of the Committee of Conference on the part of the House on:
H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 14, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 14, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed local appointment:
Initial Appointment, Member, York County Master-In-Equity, with term to expire on June 30, 1997:
Initial Appointment Under Act 678 of 1988:
J. Buford Grier, P.O. Box 2891 CRS, 200 Oakland Avenue, Rock Hill, South Carolina 29732-2891
Very respectfully,
Speaker of the House
Received as information.
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
The House returned the Bill with amendments.
On motion of Senator MULLINAX, the Senate non-concurred in the House amendments, and a message was sent to the House accordingly.
The following were introduced:
S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 991 -- Senator Bryan: A BILL TO AMEND ACT 446 OF 1988, RELATING TO THE INTERAGENCY COUNCIL ON HUNGER AND NUTRITION, SO AS TO EXTEND THE DATE FOR TERMINATION OF THE COUNCIL TO JUNE 30, 1991.
Read the first time and referred to the Committee on Medical Affairs.
S. 992 -- Senators Passailaigue and McConnell: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGHWAY BONDS SO AS TO CREATE A STATE HIGHWAY BOND FUND ACCOUNT AND TO PROVIDE FOR THE REPAYMENT OF BONDS FROM REVENUE DERIVED FROM TAXES LEVIED BY SECTIONS 12-27-1210,12-27-1220, 12-27-1230, AND 12-27-1240; TO REPEAL SECTIONS 12-27-1260 THROUGH 12-27-1300 RELATING TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING THE MOBILITY AND SAFETY PROGRAM AND TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE OF LAWS.
Read the first time and referred to the Committee on Transportation.
H. 4000 -- Reps. Cooper, T.C. Alexander, Chamblee, P. Harris, Ross, Shirley, Townsend and Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE WREN PRIMARY, WREN MIDDLE, AND CONCRETE PRIMARY SCHOOLS IN SCHOOL DISTRICT 1 IN ANDERSON COUNTY ON BEING AMONG THIRTEEN TEAMS REPRESENTING SOUTH CAROLINA IN THE "ODYSSEY OF THE MIND" WORLD COMPETITION TO BE HELD ON MAY 24, 1991, IN KNOXVILLE, TENNESSEE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4002 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO COMMEND MRS. BERNICE H. BROWN OF THE DORCHESTER COMMUNITY IN DORCHESTER COUNTY FOR HER THIRTY-FOUR YEARS OF OUTSTANDING WORK WITH THE CLEMSON UNIVERSITY EXTENSION SERVICE UPON HER RETIREMENT EARLIER THIS YEAR.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4004 -- Rep. Boan: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. PATRICIA GILMORE UPON BEING NAMED THE STATE BUDGET AND CONTROL BOARD'S 1990 EMPLOYEE OF THE YEAR.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.
Read the first time and referred to the Committee on Education.
H. 3724 -- Reps. Waldrop and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-112 SO AS TO PROVIDE THAT A PERSON PERFORMING BARBERING OR COSMETOLOGY SERVICES MAY NOT BE ARRESTED FOR VIOLATIONS OF THE BARBERING OR COSMETOLOGY ACTS AND TO PROVIDE THAT SUCH PERSON MAY BE ISSUED A CITATION AND SUMMONS.
Read the first time and referred to the General Committee.
H. 3767 -- Reps. Foster, Kirsh, Hayes and Meacham: A BILL TO AMEND JOINT RESOLUTION 385 OF 1990, RELATING TO DESIGNATION OF A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER, SO AS TO DESIGNATE SECTION 1 OF THAT ACT AS SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE A PORTION OF THE BROAD RIVER AS A SCENIC RIVER.
Senator SETZLER spoke on the Bill.
Read the first time and on motion of Senator SETZLER, with unanimous consent, ordered placed on the Calendar without reference.
H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.
Read the first time and on motion of Senator STILWELL, ordered placed on the local and uncontested Calendar without reference.
Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:
S. 799 -- Senators McConnell, Passailaigue, Fielding, Helmly, Rose, Martschink, O'Dell, Land, Pope, Washington and Williams: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.
Setzler Giese Courson
Saleeby Hayes Martschink
Smith, N.W. Pope Russell
Bryan Wilson Gilbert
Leatherman
Stilwell
Macaulay Patterson Helmly
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
S. 963 -- Senators Wilson, Lourie, Matthews, Martschink, Giese and Courson: A CONCURRENT RESOLUTION TO RECOGNIZE MAY AS BETTER HEARING AND SPEECH MONTH, TO DESIGNATE MAY 9, 1991, AS "SHHH (SELF-HELP FOR HARD OF HEARING PEOPLE) DAY" AT THE STATE HOUSE, AND TO THANK THOSE GROUPS WORKING TO IMPROVE THE LIVES OF THE HEARING IMPAIRED.
On motion of Senator MOORE, with unanimous consent, the Bill was recommitted to the Committee on Invitations.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
S. 968 -- Senators Lourie and Passailaigue: A CONCURRENT RESOLUTION TO SET WEDNESDAY, MAY 29, 1991, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT SUCCESSORS TO MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
S. 982 -- Senators Holland, Thomas, Hinds and Washington: A CONCURRENT RESOLUTION TO SET WEDNESDAY, MAY 29, 1991, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT SUCCESSORS TO MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF SOCIAL SERVICES.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 3938 -- Reps. P. Harris, Waldrop and Neilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING MAY 5, 1991, AS "OLDER SOUTH CAROLINIAN WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
H. 3619 -- Reps. J. Harris, Baxley, Burch, Neilson and Beasley: A BILL TO AMEND SECTION 48-23-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME FROM THE SANDHILLS STATE FOREST AND CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE, SO AS TO DELETE THE REFERENCE TO CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE AND FEDERAL AND COUNTY REFERENCES AND PROVIDE FOR BUDGET AND CONTROL BOARD APPROVAL, FOR USE OF THE INCOME, AND FOR THE INCOME TO BE CARRIED FORWARD.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 857 -- Senators Setzler, Stilwell, Hayes, Wilson, Matthews, Gilbert, Patterson, Bryan, Russell, Saleeby, Nell W. Smith, Pope, Macaulay, Martschink, Helmly and Leatherman: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.
S. 868 -- Senators Giese, Courson, Lourie, Patterson, Rose, Wilson, Pope, Hinson, McGill, Thomas, Washington, Land and Bryan: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE AN ELIGIBILITY REQUIREMENT PERTAINING TO A VETERAN'S REQUIRED PERIOD OF RESIDENCY IN THIS STATE.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MARTIN proposed the following amendment (RES3268.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:
/SECTION 1. The membership of the board of trustees of the school district of Fairfield County must be elected one trustee from each of seven defined single-member election districts established under the provisions of a plan ordered by a court of competent jurisdiction on April 10, 1990, for election of members of Fairfield County Council. If the district lines from which members of the county council are elected change, then the applicable district lines for the election of the board of trustees for the school district shall change accordingly.
SECTION 2. The candidate in each of the districts for a single office receiving a majority of the votes cast shall be declared the trustee for that district. A majority within the meaning of this section shall be determined by dividing the total votes cast for all candidates by two. Any excess of the sum so ascertained shall constitute a majority.
If no candidate for a respective district receives a majority of the votes cast in the first election, a run-off election shall be held two weeks later between the two candidates receiving the largest number of votes in the first election who do not withdraw. The candidate receiving a majority of the votes cast in the run-off election shall be declared elected.
SECTION 3. The board of trustees of the school district shall consist of seven members. The terms of office of the members are for four years and until their successors are elected and qualify. The election of the initial board must be held in a special nonpartisan election in 1991 to be conducted as provided by law for special elections beginning from the date the United States Department of Justice gives preclearance of this act. Of those members elected in 1991, the members elected from Districts 1, 3, 5, and 7 shall serve an initial term of three years commencing the first day of the month following certification of the candidates' election, and their successors must be elected at the time of the primary election in 1994 and thereafter for terms of office of four years each. The members elected from Districts 2, 4, and 6 shall serve an initial term of five years commencing the first day of the month following certification of the candidates' election, and their successors must be elected at the time of the primary election beginning in 1996 and thereafter for terms of office of four years each. Vacancies on the board must be filled by special election conducted by the Fairfield County Election Commission.
SECTION 4. The members of the board elected in this nonpartisan election take office on the first day of the month following certification of the candidates' election. The terms of the board members in office on the effective date of this act expire when the single-member district board members elected as provided in Sections 1, 2, and 3 of this act take office.
SECTION 5. Members of the board of trustees serve without pay. Each member of the board may receive a per diem allowed by law for boards and commissions for attendance at board meetings and may be paid mileage to and from such meetings. No member may receive per diem and mileage unless in actual attendance upon a meeting of the board. When a member of the board is directed to travel outside the county or school district on official business of the board, he may be allowed actual expenses incurred payable from the school district budget.
SECTION 6. The board of trustees shall hold regular meetings at least once a month, and special meetings as often as necessary. All meetings are open to the public.
SECTION 7. The School District of Fairfield County is the unit for financing and receiving local, state, and federal funds. The board of trustees is charged with the responsibility for the expenditure and accounting of funds in the hands of the board.
SECTION 8. All school funds of the county must be deposited in the office of the Treasurer of Fairfield County to the credit of the district, and withdrawn only upon warrants issued by the board of trustees.
SECTION 9. The board shall prepare an annual budget for general school purposes. The board is authorized and empowered, by resolution duly adopted, to determine and fix the amount of the levy needed to operate schools in the district and shall notify the county auditor on or before June fifteenth of each year of the amount of the levy and file with him a certified copy of the resolution. In the event the annual budget increases in excess of three percent of the total budget for the previous year or increases in excess of the consumer price index for the previous year, whichever is less, the budget must be submitted for approval to the Fairfield County Council. The council, after approving the budget, shall set the necessary tax millage and furnish a copy of the budget, and a certification of the tax millage set to the auditor by June fifteenth.
SECTION 10. All prior acts or parts of prior acts inconsistent with this act are repealed.
SECTION 11. This act takes effect upon approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3051 -- Rep. D. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING, AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LONG proposed the following amendment (RES3051.001), which was adopted:
Amend the bill, as and if amended, Section 5-37-20(2) by striking the first sentence of item (2) and inserting:
/`Improvements' include open or covered malls, parkways, parks and playgrounds, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation./
Amend title to conform.
Senator LONG explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.
Senator McGILL asked unanimous consent to take the Bill up for immediate consideration.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McGILL proposed the following amendment (JIC\5748.HC), which was adopted:
Amend the bill, as and if amended, in Section 50-20-50(3), as contained in SECTION 1, page 4, line 15, by striking /two hundred fifty/ and inserting /three hundred/ and on line 17 by striking /three hundred fifty/ and inserting /five hundred/.
Renumber sections to conform.
Amend totals and title to conform.
On motion of Senator McCONNELL, the Bill was carried over.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 988 -- Senators Mullinax, O'Dell and Macaulay: A BILL TO AUTHORIZE THE ANDERSON COUNTY FIRE PROTECTION COMMISSION TO APPOINT AND COMMISSION FIRE INVESTIGATORS WITH THE POWERS OF COUNTY LAW ENFORCEMENT OFFICERS AND TO PROVIDE FOR THEIR QUALIFICATIONS.
(By prior motion of Senator MULLINAX)
S. 220 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-85 SO AS TO PROHIBIT A PERSON FROM OPERATING OR FLOATING A VESSEL HAVING A MARINE TOILET UNLESS IT DISCHARGES ONLY INTO A HOLDING TANK, DEFINE TERMS, REQUIRE CERTIFICATION OF THE DISCHARGE, AND PROVIDE PENALTIES.
H. 3410 -- Reps. Gregory, Kirsh, Short, Wilkins, Nettles and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROHIBIT CERTAIN LICENSES AND REGISTRATIONS BY THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS; TO AMEND SECTION 40-75-100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO DELETE THE REQUIREMENT THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE; TO AMEND SECTION 40-75-170, RELATING TO MISCONDUCT OF A LICENSEE, SO AS TO DELETE THE PROVISION FOR THE USE OF A SOLICITOR OR OTHER PERSON TO OBTAIN PATRONAGE; TO REPEAL SECTION 40-75-190 RELATING TO EXEMPTIONS UNDER THE ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF EXAMINERS FOR SIX YEARS.
H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.
On motion of Senator LEATHERMAN the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, 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 adoption of Amendment No. 3A (436\11728.DW), proposed by Senator FIELDING and previously printed in the Journal of Wednesday, May 8, 1991.
Senator FIELDING argued in favor of the adoption of the amendment.
On motion of Senator MARTSCHINK, with unanimous consent, the amendment was carried over.
Senator MOORE asked unanimous consent to make a motion that Amendment No. 13 be taken up for immediate consideration.
Senator BRYAN objected.
Senator LAND was recognized to speak on the Bill.
Senator LOURIE moved to invoke Rule 3b.
Senator BRYAN raised a Point of Order that the motion was out of order inasmuch as the Senator making the motion did not have the floor.
The PRESIDENT overruled the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Giese Hayes
Leatherman Long Lourie
Macaulay Martschink McConnell
McGill Mitchell Moore
O'Dell Passailaigue Peeler
Saleeby Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Wilson
Bryan Fielding Hinds
Land Leventis Mullinax
Patterson Pope Reese
Shealy Washington Williams
At 12:11 P.M., Rule 3b was invoked.
On motion of Senator SALEEBY, Senator MARTIN was granted a leave of absence from 11:00 A.M. until 5:30 P.M. today.
Senator SHEALY requested and was granted a leave of absence for Thursday, after 12:00 Noon.
Senator MACAULAY requested and was granted a leave of absence for Thursday, after 12:00 Noon.
Senator LEATHERMAN requested and was granted a leave of absence for today from 12:30 - 2:00 P.M.
Senator J. VERNE SMITH requested and was granted a leave of absence for today from 12:30 - 2:30 P.M.
Senator ROSE requested and was granted a leave of absence for today from 11:30 A.M. to 1:30 P.M.
Senator WILLIAMS requested and was granted a leave of absence for today from 1:00 P.M. for the remainder of the day.
Senator LAND continued speaking on the Bill.
Senator LOURIE raised a Point of Order that under Rule 8 that the Speaker had already spoken twice on the debate.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LAND continued speaking on the Bill.
Senator MOORE asked unanimous consent, with Senator LAND retaining the floor, to make a motion that the Bill be given a second reading, carrying over all amendments to third reading, and that the Bill not be taken up for consideration for the remainder of this week.
Senator LAND objected.
Senator LAND continued arguing contra to the Bill.
At 1:21 P.M., on motion of Senator BRYAN, with Senator LAND retaining the floor, the Senate receded from business not to exceed five minutes.
At 1:34 P.M., the Senate resumed.
Senator LAND continued speaking on the Bill.
Senator MOORE moved, with unanimous consent, that the Bill be read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading, and that the Bill be continued.
There was no objection.
Senator SETZLER, with unanimous consent, desires to be recorded as voting in favor of the second reading of the Bill.
H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.
Senator DRUMMOND asked unanimous consent to take the Bill up for immediate consideration.
The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators McCONNELL and PASSAILAIGUE desired to be recorded as voting against third reading of the Bill.
At 1:35 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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