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 Prophet on behalf of a God who yearns to be loved (Isaiah 65:1):
"I was ready to be sought by those
who did not ask for Me;
I was ready to be found by those
who did not seek Me.
I said, `Here am I, here am I' to a
nation that did not call on My name."
Let us pray.
Almighty God, we do not know why we go on making a world-wide hell out of our planet by letting our depraved human nature rule, rather than choosing to make it a heaven by the renewal of our human nature through the indwelling of the love of God.
As we look at the miseries of crime, drugs, pollution, all areas touched by the human hand, give us once again an understanding of what the Old Testament and the New Testament proclaimed in the words,
"No eye has seen, no ear has heard,
No mind has conceived what God has
prepared for those who love Him."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 13, 1991
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
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
May 15, 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, Board of Examiners for Nursing Home & Community Residential Care Facility Administrators, with term to expire on December 31, 1992:
Consumer-Residential Care:
Ms. Shirley H. Fishburne, 2611 Carolwood Drive, Rock Hill, South Carolina 29732
Referred to the Committee on Medical Affairs.
Initial Appointment, Member, Board of Examiners for Nursing Home & Community Residential Care Facility Administrators, with term to expire on December 31, 1991:
Residential Care Administrator-Profit:
Mr. Albert M. Lynch, Post Office Box 1327, Lancaster, South Carolina 29721
Referred to the Committee on Medical Affairs.
Reappointment, Member, Jobs Economic Development Authority, with term to expire on July 28, 1994:
5th Congressional District:
Mr. Terry Barnett Wiley, 1939 South Paraham Road, York, South Carolina 29745
Referred to the Committee on Labor, Commerce and Industry.
May 19, 1991
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire on June 30, 1995:
Advocate:
Ms. Harriet Jean Ferguson, 1640 Enoree Avenue, Columbia, South Carolina 29205
Referred to the Committee on Medical Affairs.
April 18, 1991
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Advisory Council to the Board of the Continuum of Care for Emotionally Disturbed Children, with term to expire on June 30, 1995:
Parent:
Ms. Helen Adams Wood, 305 Plantation Drive, Greenwood, South Carolina 29649
Referred to the Committee on Medical Affairs.
Senator GIESE introduced Dr. William L. Brannon, Jr. of Columbia, S.C., Doctor of the Day.
Columbia, S.C., May 16, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 15, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 193 -- Senator Rose: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.
Returned with concurrence.
Received as information.
S. 480 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.
Returned with concurrence.
Received as information.
S. 913 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO DESIGNATE JUNE 10-16, 1991, AS "PEDIATRIC AIDS AWARENESS WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Returned with concurrence.
Received as information.
S. 967 -- Senators Mitchell, Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION REQUESTING THE STATE HOUSE COMMITTEE TO TAKE THE NECESSARY STEPS TO ARRANGE FOR AND PLACE A TABLET IN THE SECOND FLOOR LOBBY OF THE STATE HOUSE IN HONOR OF TWO OF SOUTH CAROLINA'S DISTINGUISHED MEDAL OF HONOR RECIPIENTS, CORPORAL FREDDIE STOWERS, WORLD WAR I, AND ADMIRAL WILLIAM ADGER MOFFETT, VERA CRUZ.
Returned with concurrence.
Received as information.
H. 3667 -- Reps. Wright, Klapman and Koon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE THE RESIDENCE OF A HEMIPLEGIC PERSON AND DEFINE THE TERM.
On motion of Senator WADDELL, with unanimous consent, the Bill was recalled from the Committee on Finance.
On motion of Senator WADDELL, with unanimous consent, the Bill was read the second time.
On motion of Senator WADDELL, with unanimous consent, H. 3667 was ordered to receive a third reading on Friday, May 17, 1991.
H. 3773 -- Reps. Baker, Sharpe, Kirsh, Nettles, Keesley and Baxley: A BILL TO AMEND JOINT RESOLUTION 550 OF 1986, RELATING TO A MAXIMUM SALES TAX ON THE SALE OF MACHINERY FOR RESEARCH AND DEVELOPMENT FOR A PERIOD OF FIVE YEARS AND AN EXEMPTION FROM AD VALOREM TAXATION FOR A PERIOD OF FIVE YEARS OF CERTAIN FACILITIES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES, SO AS TO MAKE THESE EXEMPTIONS PERMANENT RATHER THAN OF A FIVE-YEAR DURATION AND TO DESIGNATE SECTION 1 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-36-2120(43), CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE SECTION 2 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-37-220 B.(34) OF THE 1976 CODE.
On motion of Senator WADDELL, with unanimous consent, the Bill was recalled from the Committee on Finance.
On motion of Senator WADDELL, with unanimous consent, the Bill was read the second time.
On motion of Senator WADDELL, H. 3773 was ordered to receive a third reading on Friday, May 17, 1991.
H. 3506 -- Reps. Bennett, McTeer and Wilder: A JOINT RESOLUTION TO PROHIBIT THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Fish, Game and Forestry.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Manly, Whipper, Mattos, and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
On motion of Senator WILLIAMS, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator WILLIAMS, with unanimous consent, H. 3090 was substituted for S. 536 and placed on the Calendar.
S. 536 -- Senators Lourie, Passailaigue, Bryan, Hayes, Long, Leatherman, Nell W. Smith, Macaulay, Peeler, Pope and Rose: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
On motion of Senator WILLIAMS, the Bill was recommitted to the Committee on Judiciary.
S. 803 -- Senators Shealy, Waddell and Martschink: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Senator SHEALY asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
Senator J. VERNE SMITH objected.
The following were introduced:
S. 993 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1998; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House at 12:00 noon on Wednesday, May 29, 1991, to elect a successor to The Honorable David Walker Harwell, Associate Justice of the Supreme Court whose term expires July 31, 1998; to elect a successor to The Honorable C. Anthony Harris, Circuit Judge from the Fourth Judicial Circuit whose term expires June 30, 1992; and to elect a successor to The Honorable Robert L. McFadden, Circuit Judge from the Sixteenth Judicial Circuit whose term expires June 30, 1992.
Referred to the Committee on Invitations.
S. 994 -- Senators Mullinax, O'Dell, Hinds, Gilbert and Land: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 108 SO AS TO CREATE THE SOUTH CAROLINA CRIMINAL JUSTICE EDUCATION INCENTIVE LOAN ACT.
Read the first time and referred to the Committee on Education.
S. 995 -- Senator Reese: A BILL TO AMEND SECTION 5-31-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF A CITY'S OR TOWN'S WATER AND SEWER SYSTEM, SO AS TO REQUIRE REPRESENTATION ON THE GOVERNING BODY OF THE SYSTEM OF THE UNINCORPORATED AREA IT SERVES.
Read the first time and referred to the Committee on Judiciary.
S. 996 -- Senators Fielding and Nell W. Smith: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
Senator NELL W. SMITH explained the Bill.
Read the first time and on motion of Senator NELL W. SMITH, with unanimous consent, ordered placed on the Calendar without reference.
S. 997 -- Senators Lourie, Long and Hinds: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION TO RECOGNIZE THE TREMENDOUS VALUE OF THE MYRTLE BEACH AIR BASE AS A MILITARY INSTALLATION AND A CRITICAL COMPONENT OF OUR NATION'S DEFENSE AND STRONGLY URGE THIS COMMISSION TO CLOSELY SCRUTINIZE AND REVIEW THE BASE CLOSING PROCESS AND SELECTION AND TO REMOVE THE MYRTLE BEACH AIR BASE FROM THE CLOSING LIST.
Whereas, the United States Department of Defense has recommended the closing of the Myrtle Beach Air Force Base; and
Whereas, this decision is being reviewed by the Defense Base Closure and Realignment Commission; and
Whereas, the commission will report recommendations to the President and if the President approves these recommendations the report will be submitted to Congress; and
Whereas, the Myrtle Beach Air Base is critical to this country's national security and clearly demonstrated this in mobilizing troops and supplies during Operation Desert Storm; and
Whereas, Myrtle Beach Air Base is one of our nation's few coastal bases providing a strategic and critical link in our national defense system which could not be replaced given the environmental protection afforded our country's endangered coastal wetlands; and
Whereas, over the years the Myrtle Beach Air Base and its surrounding communities have forged a very successful, neighborly relationship mutually beneficial to all; and
Whereas, the Air Base has been given use of the civilian airport and greatly benefits from the civilian resources allocated for runway and facility operation, maintenance, and improvements; and
Whereas, the region also has benefitted substantially from the presence of the base as it is a well-established, significant sector of the local economy and its closure would impose serious economic hardships on the families and communities in the area; and
Whereas, the selection of Myrtle Beach Air Base for closing raises many questions in that, among other things, it rated higher and would produce lesser savings than many other bases, including some not selected to be closed; and
Whereas, the proven role of this base in our nation's defense, its value as a significant, unique military installation, and its established place in our local community certainly warrant close scrutiny and review of the selection process and its proposed closing. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina memorializes the Defense Base Closure and Realignment Commission to recognize the tremendous value of the Myrtle Beach Air Base as a military installation and a critical component of our nation's defense and strongly urges this commission to closely scrutinize and review the base closing process and selection and to remove the Myrtle Beach Air Base from the closing list.
Be it further resolved that a copy of this resolution be forwarded to the Defense Base Closure and Realignment Commission in care of its chairman, Jim Courter, 1625 K Street, Northwest, Suite 400, Washington, D. C. 20006.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 998 -- Senators Holland, Saleeby, McConnell, Hayes, Pope, Matthews and Stilwell: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA; TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPORTIONMENT OF THE HOUSE OF REPRESENTATIVES, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990; TO AMEND SECTION 2-1-60, RELATING TO APPORTIONMENT OF MEMBERS OF THE SENATE INTO SENATORIAL ELECTION DISTRICTS EFFECTIVE WITH THE 1992 ELECTIONS, SO AS TO REAPPORTION THESE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990; AND TO AMEND SECTION 7-19-40, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
Read the first time and referred to the Committee on Judiciary.
Senator McCONNELL reminded the membership of the Senate and called to their attention the memorandum from Senator HOLLAND regarding submissions to the Subcommittee on Reapportionment and Redistricting.
Senator McCONNELL further asked that the memorandum from Senator HOLLAND be entered in the Journal as follows:
To: Members, South Carolina Senate
From: Senator Donald H. Holland
Re: Submission of Reapportionment and Redistricting Plans by Senators
Date:
Having had an opportunity to review the staff proposed plans for Senate and Congressional redistricting, it is important that the subcommittee have the full benefit of your comments or suggestions for change.
With this in mind, please take careful note that the Senate Judiciary Subcommittee on Reapportionment and Redistricting will hold a public hearing on Monday, May 20, 1991, at 11:30 a.m., in Room 105 of the Gressette Senate Office Building. At that time, the committee intends to consider proposed redistricting plans, including any suggestions for changes to the staff plan or any new plan or plans which may be submitted by a member or any other interested party.
Therefore, if you wish to have a plan or a modification of the staff plan considered by the subcommittee, the plan or plans must be received by David Barden by Friday, May 17, at 12:00 noon. Mr. Barden's office is in Room 401 of the Gressette Senate Office Building and he may be reached at (803)734-2806.
In submitting a plan or plans to the subcommittee, I would remind you that the subcommittee has adopted and published the attached criteria. (see attachment)
Please pay close attention to the requirement to provide a detail listing by VTD (precinct) for any new plan or district as well as for any changes to a plan or district. The report should list in priority, whole VTD's by county and thereunder split VTD's with a block listing for the portion of the VTD included within a district. Staff will be happy to assist you in preparing this material.
If you need any further information or have any questions concerning the submission of a reapportionment and redistricting plan or plans, contact the subcommittee's counsel, Michael N. Couick, at (803)734-2733.
S. 999 -- Senators Williams, Waddell, Martin and Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
Whereas, the General Assembly of South Carolina wishes to extend its statewide session beyond June 6, 1991, in order to ensure that reapportionment and redistricting will be an open and fair process; and
Whereas, the potential for an adjustment of census population data may require the convening of a special session of the General Assembly if the option of remaining in regular session to consider such adjustment is not preserved; and
Whereas, the expense involved in the payment of two hundred fifty dollars per legislator per day for such a special session will be a great cost to the taxpayers of South Carolina; and
Whereas, the continuation of the regular session will reaffirm that the reapportionment process should be an open process in which all the citizens of South Carolina have input and freedom of information is preserved; and
Whereas, such an open deliberative session should ensure that a fair plan will be adopted and will avoid the necessity of protracted and expensive litigation. Now, threfore,
Be it resolved by the Senate, the House of Representatives concurring:
That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the following terms and conditions:
When the respective houses adjourn on Thursday, June 6, 1991, they shall stand adjourned to meet on their own motion in regular statewide session for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointment of conference and free conference committees;
(d) conference and free conference reports;
(e) ratification of acts;
(f) local matters if the affected delegation is unanimous;
(g) elections previously set by the General Assembly;
(h) matters relating to the reapportionment and redistricting of the South Carolina House of Representatives, the South Carolina Senate, or the United States Congress;
(i) H. 3650 (General Appropriation Bill), H. 3651 (Bond Bill), and H. 3967 (Local Bill relating to Greenville County); and
(j) resolutions authorizing a time and/or date for sine die adjournment.
During any statewide session, after June 6, 1991, each house shall not adjourn for more than three days without the consent of the other house.
Upon completion of consideration of items a-j above, the respective houses shall recede until 11:00 a.m., July 30, 1991.
The provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution.
Senator WILLIAMS was recognized to speak on the Concurrent Resolution.
The Subcommittee on Reapportionment and Redistricting is scheduled to meet next Monday to receive comments on the staff plans and begin the process of putting together a plan to present to the full Judiciary Committee.
The full Judiciary Committee will meet and take it up as soon as we get a report from the subcommittee.
The House of Representatives has not acted on the Senate proposal to extend the session and we are continuing to operate under a June 6 deadline. In as much as the Judiciary Committee report or bill on reapportionment receives the same primary calendar status as the Finance Committee's report on the Appropriation Bill, I think it important to vary the procedure for the consideration of Senate business as it is normally handled. I would, therefore, ask unanimous consent that until we have passed a final reapportionment plan that the reapportionment legislation take priority over all but:
(1) the reading of bills in the box;
(2) the reading of messages or handling of appointments;
(3) the receipt and consideration of conference or free conference reports;
(4) the consideration of H. 3967;
(5) the consideration of H. 3651;
(6) the consideration of local and uncontested matters; and
(7) the consideration of resolutions affecting sine die adjournment.
There was no objection.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
We voted no to S.999 because we believe further extensions of the session beyond June 6th could lead to open-ended consideration of reapportionment causing such delay that lawsuits are required to fairly complete reapportionment so that the public has timely notice of the new districts. All efforts should be made to complete reapportionment by June 6, 1991, so that the Justice Department review can begin immediately to insure strict compliance with the Voting Rights Act as amended.
H. 3939 -- Reps. Phillips, Farr, Neilson, L. Elliott, Wells, J.C. Johnson, Quinn, Sharpe, Scott, Gonzales, Wells, McCraw, Bruce, Foster, Littlejohn, Kempe, Kinon, Klapman, Jennings, Wright, A. Young, Chamblee, Marchbanks, Ross, McGinnis, T.C. Alexander, Smith, R. Young, Shirley, Haskins, G. Bailey, Fair, Cooper, Corbett and J. Brown: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS NOT TO ENACT THE RECOMMENDATIONS OF SECRETARY OF DEFENSE RICHARD B. CHENEY WHICH PROPOSE TO REDUCE SUBSTANTIALLY THE NUMBER OF JUNIOR ROTC UNITS IN THE HIGH SCHOOLS THROUGHOUT THE UNITED STATES.
Whereas, the members of the General Assembly have learned with alarm that Secretary of Defense Richard B. Cheney as part of his plan to reduce defense spending, has recommended that eighty of the approximately three hundred Junior ROTC units in the high schools throughout the United States be eliminated; and
Whereas, this recommendation would have many adverse consequences including a reduction in the number of young men and women who are exposed to the Armed Services in a time when the manpower for the Armed Services comes completely from volunteers and also the fact that the number of young men and women enlisting in or joining the Armed Forces has dropped substantially in recent months and to eliminate over twenty-five percent of JROTC units at this time would substantially increase this problem; and
Whereas, for many years both Army and Air Force Junior ROTC units have been an integral part of the life and training of teenagers who need these leadership opportunities at a very young, impressionable age; and
Whereas, given the relatively small dollar savings that can be derived from this reduction, it would appear that these reductions would not appreciably help in reducing defense costs but on the other hand would have a tremendous cost in terms of opportunities lost; and
Whereas, the members of the General Assembly, by this resolution, state their belief that for the above reasons no reductions in the number of Junior ROTC units throughout the United States should be made. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby memorialize Congress not to enact the recommendations of Secretary of Defense Richard B. Cheney which propose to reduce substantially the number of Junior ROTC units in the high schools throughout the United States.
Be it further resolved that a copy of this resolution be forwarded to each United States Senator from South Carolina, each member of the House of Representatives from South Carolina, the Senate of the United States and the House of Representatives of the United States.
Referred to the General Committee.
H. 3954 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE PETER T. "PETE" BRADHAM OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4006 -- Reps. P. Harris, Chamblee, Tucker, T.C. Alexander, Cooper, Shirley and Ross: A CONCURRENT RESOLUTION TO COMMEND MS. LAURIE ANNE TOWNSEND OF ANDERSON FOR HER MANY ACCOMPLISHMENTS, HER ACADEMIC HONORS, AND HER EXEMPLARY VOLUNTEER SERVICE AND TO RECOGNIZE THE DEDICATION AND HARD WORK PRESENT IN ALL HER ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4007 -- Rep. Baxley: A CONCURRENT RESOLUTION TO WELCOME THE NATIONAL ASSOCIATION OF CONSUMER AGENCY ADMINISTRATORS TO SOUTH CAROLINA FOR ITS SIXTEENTH ANNUAL CONFERENCE AT HILTON HEAD JUNE 9-12, 1991, TO WISH THEM A SUCCESSFUL CONFERENCE, AND TO COMMEND STEVEN W. HAMM AND THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS FOR BRINGING THIS ASSOCIATION TO SOUTH CAROLINA.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4008 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1991, AND TO ELECT A SUCCESSOR TO WILLIAM L. BETHEA, JR., MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, WHOSE TERM EXPIRES IN 1992.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint session in the Hall of the House at 12:00 noon on Wednesday, May 29, 1991, for the purpose of electing members of the Board of Trustees of South Carolina State College and Wil Lou Gray Opportunity School to succeed those members whose terms expire in 1991, and to elect a successor to William L. Bethea, Jr., Member of the Board of Trustees of the University of South Carolina, whose term expires in 1992.
Referred to the Committee on Invitations.
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3766 -- Reps. Waldrop and Scott: A BILL TO AMEND SECTIONS 32-7-10 AND 32-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.
Read the first time and referred to the General Committee.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:
H. 3185 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BANK OR BANKING INSTITUTION MUST ESTABLISH A SURPLUS ACCOUNT AND THE AMOUNT REQUIRED TO BE KEPT IN IT AND IN A MINIMUM DEPOSIT RESERVE, SO AS TO DELETE THOSE REQUIREMENTS AND REQUIRE EVERY STATE BANK WHICH IS NOT A MEMBER OF THE FEDERAL RESERVE SYSTEM TO MAINTAIN THE SAME RESERVES AGAINST DEPOSITS AS IS REQUIRED FOR A STATE BANK WHICH IS A MEMBER OF THE FEDERAL RESERVE SYSTEM AND THE MANNER IN WHICH THEY MUST BE MAINTAINED.
Ordered for consideration tomorrow.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable with amendment report on:
H. 3319 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.
Ordered for consideration tomorrow.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:
H. 3613 -- Reps. Wilkins, Cato and T.C. Alexander: A BILL TO AMEND SECTION 38-77-285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALL AUTOMOBILE COVERAGE WRITTEN IN ONE POLICY, SO AS TO REQUIRE THAT THE SECTION APPLIES ONLY TO POLICIES COVERING VEHICLES ELIGIBLE TO BE SURRENDERED TO THE REINSURANCE FACILITY.
Ordered for consideration tomorrow.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:
H. 3629 -- Rep. Koon: A BILL TO AMEND SECTION 38-73-1380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OR SUBSCRIBERS OF RATING ORGANIZATIONS UTILIZING RATES OR PREMIUM CHARGES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES, SO AS TO PROVIDE THAT NO PUBLIC HEARING IS REQUIRED TO APPROVE AN EXPENSE COMPONENT FILED BY A MEMBER OR SUBSCRIBER, UNLESS THAT MEMBER'S OR SUBSCRIBER'S TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS DURING THE PREVIOUS CALENDAR YEAR EQUALED OR EXCEEDED FIVE PERCENT RATHER THAN ONE PERCENT OF THE TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS FOR THAT YEAR.
Ordered for consideration tomorrow.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a majority favorable, and Senators FIELDING and MITCHELL, a minority unfavorable report on:
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.
Ordered for consideration tomorrow.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
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)
The following Joint Resolution having been read the second time was passed and ordered to a third reading:
S. 987 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 18, 1991, MISSED BY A. L. CORBETT MIDDLE SCHOOL STUDENTS IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A SAFETY PROBLEM IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
On motion of Senator SETZLER, S. 987 was ordered to receive a third reading on Friday, May 17, 1991.
Senator THOMAS objected to further consideration of any Bill on the statewide uncontested Calendar.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator THOMAS was recognized.
Senator MOORE raised a Point of Order that the Senator was not at his desk when he was recognized by the PRESIDENT.
Senator THOMAS spoke on the Point of Order.
Senator SHEALY spoke on the Point of Order.
The PRESIDENT overruled the Point of Order and stated that he had recognized Senator THOMAS.
Senator WILLIAMS made a Parliamentary Inquiry as to what was the order of business before the Senate.
The PRESIDENT stated that the Senate was in the Motion Period.
Senator THOMAS made the following sense of the Senate motion: Part A and Part B.
Senator THOMAS spoke on the motion.
Inasmuch as it is the duty of the South Carolina Senate to take such action and establish such policy as it, by majority vote of the body, decides necessary and appropriate; and
Inasmuch as it is unclear as to the procedure the Senate should employ in reviewing the qualification of individuals who have been elected to service in the South Carolina Senate; and
Inasmuch as it is unclear as to which factors beyond those provided for in the South Carolina Constitution can be considered in a determination of an individual's qualification to serve;
I move that it be the Sense of the Senate that an individual's conviction of a felony offense or an offense against the election laws of South Carolina shall be a ground for making a determination of the qualification of an individual to serve in the South Carolina Senate.
I move that the Senate not seat Mr. A. Eugene Carmichael.
Senator THOMAS continued speaking on the motion.
Senator WILLIAMS raised a Point of Order that the speaker's remarks were out of order inasmuch as they related to personalities.
The PRESIDENT sustained the Point of Order and admonished the speaker to limit his remarks to the motion.
Senator THOMAS spoke on the motion.
Senator MATTHEWS raised a Point of Order that the motion was out of order inasmuch as the issue was not before the Senate.
The PRESIDENT overruled the Point of Order and stated that a Sense of the Senate motion was before the body.
Senator THOMAS continued speaking on the motion.
Senator SHEALY argued contra to the motion.
Senator MITCHELL argued contra to the motion.
Senator SHEALY moved that the Senate stand adjourned.
Senator SHEALY asked unanimous consent to withdraw the motion to adjourn.
Senator HINDS objected.
Senator HINDS removed his objection to withdrawing the motion to adjourn.
The motion to adjourn was withdrawn.
Senator SHEALY moved to commit the question to the Committee on Judiciary.
Senator LOURIE made a Parliamentary Inquiry as to whether or not the motion to commit was debatable.
The PRESIDENT stated that the motion was debatable.
Senator McCONNELL argued contra to the motion to commit.
Senator HINDS argued in favor of the motion.
Senator MOORE argued in favor of the motion.
Senator NELL W. SMITH spoke on the motion.
Senator PATTERSON spoke on the motion.
Senator GIESE spoke on the motion.
Senator LOURIE asked unanimous consent to make a motion that the question be divided and that the first portion of the Sense of the Senate motion be committed to the Committee on Judiciary and that the second portion be voted on directly.
Senator McGILL objected.
Senator BRYAN requested that the motion to commit be divided as follows:
Inasmuch as it is the duty of the South Carolina Senate to take such action and establish such policy as it, by majority vote of the body, decides necessary and appropriate; and
Inasmuch as it is unclear as to the procedure the Senate should employ in reviewing the qualification of individuals who have been elected to service in the South Carolina Senate; and
Inasmuch as it is unclear as to which factors beyond those provided for in the South Carolina Constitution can be considered in a determination of an individual's qualification to serve;
I move that it be the Sense of the Senate that an individual's conviction of a felony offense or an offense against the election laws of South Carolina shall be a ground for making a determination of the qualification of an individual to serve in the South Carolina Senate.
I move that the Senate not seat Mr. A. Eugene Carmichael.
On motion of Senator LOURIE, with unanimous consent, PART A of the Sense of the Senate motion was committed to the Committee on Judiciary.
The question then was the adoption of Part B of the Sense of the Senate motion:
I move that the Senate not seat Mr. A. Eugene Carmichael.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Giese McConnell
O'Dell Passailaigue Peeler
Reese Rose Russell
Setzler Smith, J.V. *Stilwell
Thomas Wilson
Bryan Fielding Gilbert
Hayes Hinds Hinson
Holland Land Leatherman
Leventis Long Lourie
Martin Martschink Matthews
McGill Mitchell Moore
Mullinax Patterson Pope
Saleeby Shealy Smith, N.W.
Washington Williams
* This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Part B of the Sense of the Senate motion was not adopted.
In 1981, I voted in opposition to the Senator from Dillon County, Eugene Carmichael, remaining in the Senate following his conviction of a felony offense. He was sentenced, served his time, and returned home. Today, May 16, 1991, the Senate was asked to vote on seating the newly-elected Senator from District 28 following a race that included a primary, primary run-off, and general election.
In each election count, the people in the district elected Eugene Carmichael to represent them. I do not believe that under the circumstances it is proper for the Senate to overrule the citizens of District 28 and not seat their duly elected representative to the Senate of South Carolina.
The questions presented in the motion made by Senator THOMAS encompass grave and complex issues that go to the constitutional foundation of a democratic government. Consistent with the holdings in Powell v. McCormick, 395 U.S. 486 (1969), it is my judgment that the sacred right of the elector to choose his or her representative must be of paramount concern. I would have voted to commit this matter to the Judiciary Committee for an exhaustive and thorough study; faced with the immediate question, however, I voted to safeguard the rights of the voters to choose their representative.
If an individual meets the constitutional qualifications to run for an office, my review of the State Constitution and the Attorney General's Opinion addressed to Senators COURSON, WILSON, and THOMAS, dated May 16, 1991, lead me to the conclusion that it is not the Senate's perogative to deprive the individual, if elected, from being seated in that office.
I voted against refusing to seat Mr. Carmichael as a member of the Senate because of the opinion of the Attorney General dated May 16, 1991, in which it is pointed that Powell v. McCormick, 395 U.S. 486 (1969) holds that Congress could not refuse to seat a member of Congress who met the constitutional requirements for House membership.
Because Mr. Carmichael meets the qualifications of Article III, Section 7 of the S.C. Constitution, it is my belief that the South Carolina Senate has no power to exclude him from membership. To do so would lead to a lawsuit and the result would be the same, in my judgment, as that of Powell v. McCormick.
I think if I had been a member of the Senate in 1981 when the question was whether or not to expel Senator CARMICHAEL from the Senate after he had been convicted of a felony, I feel sure I would have voted to expel him. Since 1981, he has served his time for the crime he was convicted of, and his probationary period, and in 1991, he has run for the unexpired term of the late Senator LINDSAY. He went through the Democratic Primary and a run-off election and the General Election, of which he received a good majority of the votes from the people in District 28. This gentleman has paid his due debt to society. I do not feel that it is my perogative to vote and thereby deny the people of District 28 by their decision at the ballot box on three separate occasions their right to elect the person of their choice to represent them in the Senate.
S. 993 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1998; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.
On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Invitations.
On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4008 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1991, AND TO ELECT A SUCCESSOR TO WILLIAM L. BETHEA, JR., MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, WHOSE TERM EXPIRES IN 1992.
On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Invitations.
On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
Senator WILLIAMS moved that when the Senate adjourns on Friday, May 17, 1991, it stand adjourned to meet Tuesday, May 21, 1991 at 12:00 Noon, which motion was adopted.
At 2:09 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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