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 Jesus as recorded in the Gospel of St. Matthew (16:14):
If any man (woman) will come after me, Let him (her) deny himself (herself), And take up his (her) cross and follow me."
Let us pray.
Lord God... and Father of mankind... we know that You are not pleased with our words of prayer and praise... unless... they are supported by the realities of deeds and acts of service to mankind.
Help us to have ears for the ancient words, "By their fruits you shall know them."
We know also that the purest praise of the Lord God is not in high sounding phrases but in the silent, secret deeds of love and concern... best anonymously rendered... and for no other motivation but to glorify the good Lord who has so richly blessed us. But, if we are not equal to the highest motivation, help us to be moved by worthy motives.
Give us a new understanding of the deep joy that comes when... in word and deed... we respond to the words of Jesus, "Follow Me".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 27, 1992
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, South Carolina Commission on Alcohol and Drug Abuse, with term to expire July 20, 1995:
4th Congressional District:
Mrs. Rosemary Hill Byerly, 2411 Clark Road, Inman, South Carolina 29349 VICE Robert T. Thompson, Jr.
Referred to the Committee on Medical Affairs.
January 29, 1992
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, Residential Home Builders Commission, with term to expire June 30, 1994:
5th Congressional District-Builder:
Mr. Michael G. Williams, Post Office Box 1146, Lancaster, South Carolina 29721 VICE Clarence Hogan
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Member, South Carolina Commission on Archives and History, with term to expire coterminus with the Governor:
At-Large:
Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, South Carolina 29512
Referred to the General Committee.
January 31, 1992
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, Berkeley County Magistrate, with term to expire April 30, 1995:
Mr. D. Mark Stokes, 5812 Lakeview Drive, Hannahan, South Carolina 29406 VICE Mr. Daniel F. Pieper
February 5, 1992
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, South Carolina Board of Youth Services, with term to expire June 30, 1996:
5th Congressional District:
Mr. M. Truman Fallaw, 330 Shurley Street, Rock Hill, South Carolina 29732
Referred to the Committee on Corrections and Penology.
The following was received:
Document No. 1401
Promulgated By Budget and Control Board (Manufactured Housing Board)
Amend Uniform Standards for Manufactured Housing
Received By Lt. Governor August 27, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1992
Withdrawn February 4, 1992
S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.
The House returned the Bill with amendments.
On motion of Senator GIESE, 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. 1241 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILEY KOON, SR.
Returned with concurrence.
Received as information.
S. 1242 -- Senator Wilson: A CONCURRENT RESOLUTION EXTENDING THE SINCERE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE CURTIS THOMAS WYCKOFF.
Returned with concurrence.
Received as information.
S. 1243 -- Senators Mitchell, Gilbert, Passailaigue, Macaulay, Matthews, Courtney, Rose, Pope, Fielding, Patterson, Leventis, Robert W. Hayes, Jr., Holland, Drummond, Carmichael, Mullinax, Williams, Washington and Land: A CONCURRENT RESOLUTION TO COMMEND MISS ANISA KINTZ OF HORRY COUNTY FOR HER OUTSTANDING EFFORTS TO ATTACK RACISM AND TO EDUCATE OTHER CHILDREN AND ADULTS.
Returned with concurrence.
Received as information.
On motion of Senator ROSE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following were introduced:
S. 1267 -- Senator Matthews: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO HONOR THE MEMORY OF HIGHWAY PATROLMAN MARVIN L. TITUS, WHO DIED IN THE LINE OF DUTY ON NOVEMBER 21, 1991, BY NAMING THE BAMBERG HIGHWAY PATROL OFFICE THE MARVIN L. TITUS BUILDING.
Whereas, the members of the General Assembly were shocked and saddened to learn during the legislative interim of the death of Trooper Marvin L. Titus of the South Carolina Highway Patrol, who died in the line of duty on November 21, 1991; and
Whereas, the ultimate sacrifice made by this outstanding young law enforcement officer while he was serving to protect the good people of this State brings to mind the dangers faced by all who serve in the field of law enforcement as they pursue their duties to protect and to serve the public; and
Whereas, the members of the General Assembly believe it appropriate to honor the memory of the distinguished service and great sacrifice of Trooper Titus by naming the Bamberg Highway Patrol Office for him; and
Whereas, this gesture will be some small tangible display of the esteem in which Trooper Titus was held by his patrol colleagues, other law enforcement personnel, his friends and family, and, indeed, all the Bamberg community. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina Highways and Public Transportation Commission is requested to honor the memory of Highway Patrolman Marvin L. Titus, who died in the line of duty on November 21, 1991, by naming the Bamberg Highway Patrol Office the Marvin L. Titus Building.
Be it further resolved that a copy of this resolution be forwarded to the Chairman of the South Carolina Department of Highways and Public Transportation Commission.
Referred to the Committee on Transportation.
S. 1268 -- Senators Moore, Setzler, Hinson, Mitchell and Reese: A CONCURRENT RESOLUTION TO CONGRATULATE THE GRANITEVILLE COMPANY OF AIKEN COUNTY AND ITS ASSOCIATES OF GREIGE MILLS AND SERVICE AREAS FOR THEIR OUTSTANDING PERFORMANCE AND ACCOMPLISHMENT IN WORK SAFETY BY OPERATING FOR TWO YEARS WITHOUT A "LOST TIME" INJURY WHICH AMOUNTS TO OVER TWENTY-SEVEN MILLION WORK HOURS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1269 -- Senators Bryan and Drummond: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1270 -- Senator Drummond: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1271 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 114 SO AS TO ENACT THE "CONFIDENTIALITY OF HEALTH CARE INFORMATION ACT" SO AS TO REQUIRE CONSENT FOR RELEASE OF HEALTH CARE INFORMATION AND TO PROVIDE EXCEPTIONS WHERE CONSENT IS NOT REQUIRED; TO PROVIDE PROCEDURES FOR OBTAINING CONSENT AND FOR MAINTAINING CONFIDENTIALITY OF INFORMATION THAT IS RELEASED; TO CREATE A PRIVILEGE AGAINST COMPULSION TO RELEASE CONFIDENTIAL HEALTH CARE INFORMATION AND TO PROVIDE EXCEPTIONS TO THE PRIVILEGE; TO ESTABLISH A CAUSE OF ACTION TO HAVE AN ERRONEOUS HEALTH CARE RECORD AMENDED; AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Medical Affairs.
S. 1272 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.
Read the first time and ordered placed on the Calendar without reference.
S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4348 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH MANY HAPPY RETURNS OF THE DAY TO JAMES NORRIS, SR., OF DORCHESTER COUNTY, SOUTH CAROLINA, ON THE VERY SPECIAL OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator SHEALY, from the Committee on Judiciary, submitted a majority favorable, and Senator BRYAN, a minority unfavorable report on:
S. 219 -- Senators Shealy 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 BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 954 -- Senator Macaulay: A BILL TO AMEND SECTION 8-17-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, MEMBERSHIP, AND POWERS OF A GRIEVANCE COMMITTEE, SO AS TO AUTHORIZE THE COMMITTEE TO SUBPOENA WITNESSES.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
S. 1172 -- Senators Waddell and Washington: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO DESIGNATE A PORTION OF U. S. HIGHWAY 17 IN BEAUFORT COUNTY AS "U. S. HIGHWAY 17-ACE BASIN SCENIC HIGHWAY".
Ordered for consideration tomorrow.
Senator WILSON, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: A BILL TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
S. 1216 -- Senators Mullinax, O'Dell and Macaulay: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE DOUBLE BRIDGE ON STATE HIGHWAY 24 IN ANDERSON COUNTY AS THE CALVIN WESLEY BELCHER BRIDGE.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable with amendment report on:
S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 3708 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PARKING FOR HANDICAPPED PERSON, SO AS TO PROVIDE THAT A LICENSED PHYSICIAN SHALL CERTIFY DISABILITY UNLESS THE APPLICANT IS AN AGENCY OR ORGANIZATION COMPLYING WITH SECTION 56-3-1910.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:
H. 3752 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSE OR PERMIT, SO AS TO DELETE THE REQUIREMENT OF WRITTEN VERIFICATION OF LIABILITY INSURANCE COVERAGE FOR RENEWAL.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable with amendment report on:
H. 4035 -- Rep. Burriss: A BILL TO AMEND SECTION 61-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS DURING CERTAIN PERIODS INCLUDING STATEWIDE ELECTION DAYS, SO AS TO PERMIT THE SALE ON STATEWIDE ELECTION DAYS OF ALCOHOLIC LIQUORS AND BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS WHEN SOLD BY AUTHORIZED RETAIL LICENSEES IN THE MANNER PROVIDED BY LAW.
Ordered for consideration tomorrow.
Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:
Appointment, Member, Insurance Commission Advisory Committee, with term to expire cotermius with the Governor:
Mr. Robert R. Bowers, CLU, Post Office Box 50506, Columbia, South Carolina 29250 VICE John P. Zervos (resigned)
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 797 -- Senator Martin: A BILL TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.
(By prior motion of Senator MARTIN)
S. 1116 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-22-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO REVISE THESE DEFINITIONS; TO AMEND SECTION 44-22-60, RELATING TO RIGHTS OF PATIENTS UPON ADMISSION TO A FACILITY, SO AS TO CLARIFY THAT RIGHTS OF PATIENTS APPLY WHEN ADMITTED TO A DEPARTMENT OF MENTAL HEALTH FACILITY RATHER THAN TO ANY MENTAL HEALTH RESIDENTIAL PROGRAM; TO AMEND SECTION 44-22-70, RELATING TO INDIVIDUALIZED TREATMENT PLANS, SO AS TO PROVIDE THAT SUCH PLAN MUST BE REVIEWED IN A LONG-TERM CARE FACILITY EVERY NINETY DAYS RATHER THAN EVERY SIXTY DAYS; TO AMEND SECTION 44-22-100, RELATING TO CONFIDENTIALITY OF RECORDS, CERTIFICATES, APPLICATIONS, AND REPORTS, SO AS TO CLARIFY THAT THIS CONFIDENTIALITY EXTENDS TO CERTAIN OTHER CHAPTERS IN TITLE 44; TO AMEND SECTION 44-22-120, RELATING TO CERTAIN RIGHTS THAT PATIENTS ARE ASSURED, SO AS TO INCLUDE THE RIGHT TO CARE FOR ONE'S OWN CLOTHING WHEN ABLE TO DO SO AND TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED PERSONAL PROPERTY WHEN A PATIENT IS DISCHARGED; TO AMEND SECTION 44-22-150, RELATING TO MECHANICAL RESTRAINTS ON PATIENTS, SO AS TO PROVIDE THAT THE RESTRAINTS MUST BE REMOVED EVERY TWO HOURS; TO AMEND SECTION 44-22-210, RELATING TO A PATIENT'S TEMPORARY LEAVE OF ABSENCE, SO AS TO EXTEND THE LIMITATION ON SUCH A LEAVE FROM FOURTEEN TO NINETY DAYS; AND TO REPEAL SECTIONS 44-17-650, 44-23-1010, 44-23-1060, AND 44-52-180 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 1263 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.
Senator SALEEBY explained the Bill.
H. 3305 -- Rep. McElveen: A BILL TO AMEND SECTIONS 30-4-20, 30-4-40, AND 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF PUBLIC RECORD, MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, AND CERTAIN MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO PROVIDE THAT RECORDS OF THE HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES ARE NOT PUBLIC RECORDS UNDER THE ACT AND MAY NOT BE DISCLOSED.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator POPE proposed the following amendment (CYY\18777.SD), which was adopted:
Amend the bill, as and if amended, in subsection (B) of Section 30-4-50 of the 1976 Code, as contained in SECTION 1, by inserting immediately after the first sentence the following:
/Also, the home addresses and home telephone numbers of employees and officers of public bodies revealed in response to a request pursuant to this chapter may not be utilized for commercial solicitation./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 1266 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE ROCK HILL NO. 6 INTO ROCK HILL NO. 6A AND ROCK HILL NO. 6B.
On motion of Senator ROBERT W. HAYES, JR., S. 1266 was ordered to receive a third reading on Thursday, February 6, 1992.
H. 3315 -- Rep. Clyborne: A BILL TO AMEND SECTION 20-7-1738, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CUSTODY OF AN ADOPTEE FOLLOWING PLACEMENT, SO AS TO PROVIDE FOR A REMOVAL HEARING WHEN ADOPTIVE PARENTS HAVE RECEIVED AN ADOPTEE BUT NO PETITION HAS BEEN FILED.
S. 808 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-65 SO AS TO PROVIDE THAT DAMAGE TO A PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID OF AN INJURED EMPLOYEE AS THE RESULT OF AN INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT ENTITLES THE EMPLOYEE TO COMPENSATION ENSURING THAT THE PROSTHETIC DEVICE, EYE GLASSES, OR HEARING AID IS REPAIRED OR REPLACED.
S. 1045 -- Senator Stilwell: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PURCHASING A PISTOL, SO AS TO PROVIDE THAT THE CONTENTS OF THE APPLICATION INCLUDE THE MILITARY IDENTIFICATION CARD NUMBER FOR AN APPLICANT ON ACTIVE DUTY IN THE MILITARY AND THAT RESIDENCY IS NOT REQUIRED OF AN APPLICANT WHO IS ON ACTIVE DUTY AND WHO HAS IN HIS POSSESSION A CURRENT MILITARY IDENTIFICATION CARD.
S. 1048 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.
S. 1260 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.
On motion of Senator SALEEBY, with unanimous consent, S. 1260 was ordered to receive a third reading on Thursday, February 6, 1992.
S. 1261 -- Banking and Insurance Committee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.
On motion of Senator SALEEBY, with unanimous consent, S. 1261 was ordered to receive a third reading on Thursday, February 6, 1992.
S. 1262 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.
On motion of Senator SALEEBY, with unanimous consent, S. 1262 was ordered to receive a third reading on Thursday, February 6, 1992.
S. 1264 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION AND SUSPENSION OF CERTIFICATES OF AUTHORITY GRANTED TO INSURERS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THE COMMISSIONER MAY ISSUE CERTAIN ORDERS WHEN AN INSURER IS IN AN UNSOUND OR HAZARDOUS CONDITION.
On motion of Senator SALEEBY, with unanimous consent, S. 1264 was ordered to receive a third reading on Thursday, February 6, 1992.
S. 1265 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.
On motion of Senator SALEEBY, with unanimous consent, S. 1265 was ordered to receive a third reading on Thursday, February 6, 1992.
S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD924.001) was adopted as follows:
Amend the bill, as and if amended, page 2, line 4, in SECTION 2, by striking /1991/ and inserting therein /1992/ .
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3705 -- Reps. Quinn, H. Brown, Corning, Wright and Beasley: A BILL TO AMEND SECTION 33-55-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS, SOLICITATION OF CHARITABLE FUNDS, REGISTRATION OF PROFESSIONAL FUND-RAISING COUNSEL AND PROFESSIONAL SOLICITORS, REGISTRATION FEE, AND BONDS, SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ACCEPT A DEPOSIT OF CASH OF FIVE THOUSAND DOLLARS IN LIEU OF THE BOND FOR THE SAME AMOUNT REQUIRED OF THE APPLICANT UNDER THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (JUD3705.001) was adopted as follows:
Amend the bill, as and if amended, page 1, line 31, in SECTION 1, by striking /five/ and inserting therein /five eight/ .
Amend the bill further, as and if amended, page 1, line 36, in SECTION 1, by striking /five/ and inserting therein /eight/ .
Amend title to conform.
Senator POPE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1210 -- Senators Nell W. Smith and Moore: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 11, 1992, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1077 -- Senators Washington and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator POPE proposed the following amendment (JUD1077.001), which was adopted:
Amend the bill, as and if amended, page 2, line 6, in Section 23-11-110, as contained in SECTION 1, by inserting after the word /felony/ the following: /in this State or another state/ .
Amend the bill further, as and if amended, page 2, beginning on line 25, in Section 23-11-110, as contained in SECTION 1, by striking /had at least five years' experience in the criminal justice field as a certified law enforcement officer/ and inserting therein the following: /had at least five years' experience in the criminal justice field met the requirements of subsection (A)(5) of this section/ .
Amend title to conform.
Senator POPE explained the amendment.
On motion of Senator HINSON, the Bill was carried over.
H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.
On motion of Senator DRUMMOND, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (N05\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK and previously printed in the Journal of May 22, 1991.
Senator DRUMMOND moved to carry over the Bill.
Senator McCONNELL requested a division vote of the Senate.
A division was taken.
The Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
Senator LEATHERMAN moved that the Senate dispense with the Motion Period.
Senator POPE moved to table the motion.
The Senate refused to table the motion.
The Senate agreed to dispense with the Motion Period.
At twelve o'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the Concurrent Resolution:
S. 1175 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 5, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, JUNE 30, 1994, AND JUNE 30, 1995; AND TO ELECT A SUCCESSOR FOR A JUDGE OF THE FAMILY COURT WHOSE TERM EXPIRES JUNE 30, 1995.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Third Judicial Circuit, Seat #3.
Senator POPE, Chairman of the Judicial Screening Committee, indicated that the Honorable R. Wright Turbeville had been screened and found qualified to serve.
Senator LAND nominated the Honorable R. Wright Turbeville.
Rep. Harvin, on behalf of the Williamsburg and Clarendon Legislative Delegations, seconded the nomination of Judge Turbeville.
Senator LAND 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 R. Wright Turbeville was elected to the position of Judge, Family Court, Third Judicial Circuit, Seat #3, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Third Judicial Circuit.
Senator POPE, Chairman of the Judicial Screening Committee, indicated that Thomas W. Cooper, Jr. of Manning, Martha McElveen Horne of Sumter, Wade S. Kolb, Jr. of Sumter, Thomas E. Player, Jr. of Sumter, and Martha P. Upshur of Sumter had been screened and found qualified to serve.
Senator POPE indicated that Ms. Martha McElveen Horne, Mr. Wade S. Kolb, Jr., Mr. Thomas E. Player, Jr. and Ms. Martha P. Upshur had withdrawn their names from consideration.
Senator LAND nominated Mr. Thomas W. Cooper, Jr.
Rep. Harvin, on behalf of the Williamsburg and Clarendon Legislative Delegations, seconded the nomination of Mr. Cooper.
Rep. Harvin 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 Thomas W. Cooper, Jr. was elected to the position of Judge, Third Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Seventh Judicial Circuit.
Senator POPE, Chairman of the Judicial Screening Committee, indicated that J. Derham Cole of Spartanburg and Thomas C. Dillard of Spartanburg had been screened and found qualified to serve.
Senator POPE indicated that Mr. Dillard had withdrawn his name from consideration.
Senator RUSSELL nominated the Honorable J. Derham Cole.
Rep. Phillips, on behalf of the Cherokee Legislative Delegation, and Rep. Wells, on behalf of the Spartanburg Legislative Delegation, seconded the nomination of Rep. Cole.
Rep. Wells 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 J. Derham Cole was elected to the position of Judge, Seventh Judicial Circuit, for the term prescribed by law.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Eighth Judicial Circuit.
Senator POPE, Chairman of the Judicial Screening Committee, indicated that the Honorable James W. Johnson, Jr. and the Honorable James C. Johnson had been screened and found qualified to serve.
Senator POPE indicated that Rep. James C. Johnson had withdrawn his name from consideration.
Rep. Boan nominated the Honorable James W. Johnson, Jr.
Rep. Stoddard and Senator BRYAN, on behalf of the Laurens Legislative Delegation, Rep. Carnell, on behalf of the Greenwood Legislative Delegation, and Rep. Shirley, on behalf of the Abbeville Legislative Delegation, seconded the nomination of Rep. Johnson.
Rep. Sheheen 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 James W. Johnson, Jr. was elected to the position of Judge, Eighth Judicial Circuit, 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 its PRESIDENT.
At 12:21 P.M., the Senate reconvened.
At 12:22 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:36 P.M. and was called to order by the PRESIDENT.
Senator MOORE requested and was granted a leave of absence beginning at 2:37 P.M. for the remainder of the day.
Columbia, S.C., February 4, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3836 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
Very respectfully,
Speaker of the House
Senator WILLIAMS made a motion that the Senate insist upon its amendments to the Bill and asked for a Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Lourie Martschink Matthews
McConnell Mitchell Moore
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson
Leatherman Leventis Macaulay
Mullinax O'Dell
The Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators HOLLAND, McCONNELL and MATTHEWS of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO THE ADJOURNED 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 third reading of the Bill.
Senator McCONNELL argued in favor of third reading of the Bill.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martschink Matthews McConnell
McGill Mitchell Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson
The Senate resumed.
Senator McCONNELL continued speaking in favor of the third reading of the Bill.
Senator WILLIAMS spoke on the Bill.
Senator LOURIE spoke on the Bill.
Senator PASSAILAIGUE argued in favor of third reading of the Bill.
Senator LEATHERMAN spoke on the Bill.
Senator LEATHERMAN moved to carry over the Bill.
Senator HINDS, with unanimous consent, was granted leave to address the body with brief remarks.
The Bill was carried over.
Senator J. VERNE SMITH requested and was granted a leave of absence beginning at 2:00 P.M., Thursday, February 6, 1992, for the remainder of the day.
Senator MITCHELL requested and was granted a leave of absence beginning at 12:00 Noon, Thursday, February 6, 1992, until Tuesday, February 18, 1992.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator LEVENTIS spoke on the Bill.
Senator LEVENTIS asked unanimous consent to make a motion that the Bill be given a second reading, with notice of general amendments on third reading, carrying over all amendments to third reading, retaining its place on the Calendar in the status of Special Order.
Senator SHEALY objected.
On motion of Senator WILLIAMS, the Bill was carried over.
H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: 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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SETZLER proposed the following Amendment No. 3 (EDU3716.20):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/SECTION 1. Whereas, the Commission on Higher Education on December 5, 1991, amended its current system for designating and funding institutions of higher education to include comprehensive universities and adopted criteria defining such institutions; and
Whereas, the commission recommended that the General Assembly adopt legislation authorizing the governing boards of The Citadel, the College of Charleston, Francis Marion College, Lander College, South Carolina State College, and Winthrop College to change the statutory title of the governed institution from college to university when the board of trustees of each respective institution elects to do so, provided that the institution meets the criteria of a comprehensive university.
Now, therefore, be it resolved by the General Assembly, that, at the recommendation of the Commission on Higher Education and at the request of the respective boards of trustees, the following comprehensive universities are established.
SECTION 2. Section 59-130-30 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) create a University of Charleston, South Carolina, and serve as the corporate board of trustees for the university. The board may transfer those academic and other programs it considers proper from the college to the university and exercise the necessary powers and authority for the university as set forth in this section. The president of the college shall serve as the president of the university, and the board may create other officers for the university it considers necessary. All other provisions of law relating to the college must be construed to include the university."
SECTION 3. South Carolina State College is changed to South Carolina State University, effective July 1, 1992, and wherever in the 1976 Code or in any other provision of law the name South Carolina State College appears, it must be construed to mean South Carolina State University.
SECTION 4. Winthrop College is changed to Winthrop University, effective July 1, 1992, and wherever in the 1976 Code or in any other provision of law the name Winthrop College appears, it must be construed to mean Winthrop University.
SECTION 5. Francis Marion College is changed to Francis Marion University, effective July 1, 1992, and wherever in the 1976 Code or in any other provision of law the name Francis Marion College appears, it must be construed to mean Francis Marion University.
SECTION 6. At its discretion, the Board of Trustees of Lander College is authorized to change the title of its governed institution from "Lander College" to "Lander University", provided that the institution meets the criteria of a comprehensive university as established by the Commission on Higher Education on December 5, 1991.
SECTION 7. At its discretion, the Board of Trustees of The Citadel is authorized to change the title of its governed institution from "The Citadel, the Military College of South Carolina" to "The Citadel, the Military University of South Carolina", provided that the institution meets the criteria of a comprehensive university as established by the Commission on Higher Education on December 5, 1991.
SECTION 8. In addition to other provisions of law applicable to the University of Charleston, to South Carolina State University, to Winthrop University, and to Francis Marion University, these universities and their boards must specifically comply with the provisions of Sections 59-103-35 and 59-103-60.
SECTION 9. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator HINDS argued contra to the adoption of the amendment.
Senator THOMAS argued contra to the adoption of the amendment.
At 5:35 P.M., Senator WILLIAMS moved under Rule 15A to set a time certain of 5:50 P.M. to vote on the entire matter of H. 3716.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Macaulay Matthews McConnell
McGill O'Dell Passailaigue
Patterson Peeler Reese
Rose Russell Saleeby
Setzler Smith, N.W. Washington
Williams
Courson Land Mullinax
Shealy Stilwell Thomas
Wilson
Leatherman Leventis Martschink
Smith, J.V.
Having failed to receive the necessary vote, the motion failed.
Senator THOMAS argued contra to the adoption of Amendment No. 3.
Senator THOMAS moved to adjourn debate on the Bill.
Debate was adjourned on the Bill.
On motion of Senator ROSE, 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:
Appointment, Member, Insurance Commission Advisory Committee, with term to expire coterminus with the Governor:
Agent - Life, Accident and Health: Mr. Robert R. Bowers, CLU, Post Office Box 50506, Columbia, South Carolina 29250 VICE John P. Zervos (resigned)
Appointment, Member, Richland County Board of Voter Registration, with term to expire March 15, 1992:
At-Large:
Ms. Elizabeth R. Cromer, 1619 Milford Road, Columbia, South Carolina, 29206 VICE Janet G. Richardson
Appointment, Member, Clarendon County Board of Voter Registration, with term to expire March 15, 1992:
At-Large:
Mr. Lacey D. Coker, Route 1, Box 365, Turbeville, South Carolina 29162 VICE Gentry Coker (deceased)
Reappointment, Spartanburg County Master-in-Equity, with term to expire June 30, 1997:
Initial Appointment under Act 678 of 1988:
Mr. Thomas J. DeZern, P.O. Box 882, Spartanburg, South Carolina, 29304
At 5:45 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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