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, The New English Bible version of the Epistle to the Romans renders Chapter 10, Verses 35-36, in these heartening words:
"Do not then throwaway your confidence, for it
carries a great reward. You need endurance, if you
are to do God's will and win what He has promised."
Let us pray.
O God our Father, You are good beyond all that is good... fair beyond all that is fair; in Whom we find calmness and courage, hear our morning prayer for ourselves... and for our people.
We know our material and economic needs. Perhaps they are not as great as we think they are, when we look at necessities instead of luxuries.
Help us to balance our material and economic power with our intellectual and spiritual powers.
As we face ever new challenges at home... and around the world, having committed ourselves to the preservation and advancement of all that is good in our land, do not let us draw back in fear or panic.
May we hear anew the words:
"No man, having put his hand to the plough,
and looking back, is fit for the kingdom
of God".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 3, 1992
The Honorable James M. Miles
Secretary of State
Wade Hampton Office Building
Post Office Box 11350
Columbia, South Carolina 29211
Dear Jim:
A question has arisen concerning whether or not a member of the Senate must file that he or she has accepted lodging, transportation, entertainment, food, meals, or beverages from a lobbyist's principal as authorized in Section 2-17-90 (A).
It has been suggested that a member does not have to report the value of the items accepted by the member because the lobbyist's principal is required to provide this information under its reporting requirements. Item (C) of Section 2-17-90, however, states that except for matters relating to economic development, "any public official... who is required to file a statement of economic interest... who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) must report on his statement of economic interest... the value of anything received." An opinion would be helpful and appreciated.
With kind personal regards, I am
Sincerely,
John Courson
Chairman
February 12, 1992
The Honorable John Courson
South Carolina Senate
Columbia, South Carolina 29201
Dear John:
Thank you for your letter of February 3, 1992. Allow me to restate your question for the record.
Does a member of the House or Senate have to report the value of items received pursuant to Section 2-17-90 (A) and (B) on the member's statement of economic interests?
The "Ethics, Government Accountability, and Campaign Reform Act of 1991" states at Section 2-17-90 (A) and (B) that a member may receive such items as lodging, transportation, entertainment, food, meals, or beverages from a lobbyist's principal under certain circumstances and up to $25 per day and $200 per year.
Further the Act states at Section 2-17-90 (C) that any public official who accepts such items under Section 2-17-90 (A) must report such on the statement of economic interests.
If you have any further questions, please do not hesitate to call me.
Sincerely,
Jim Miles
Secretary of State
(On motion of Senator COURSON, ordered printed in the Journal)
Senator COURSON, Chairman of the Committee on Invitations, with unanimous consent, was granted leave to address the body with the following remarks:
As you are aware, the Invitations Committee has endeavored to assist the membership of the Senate in complying with the new ethics and lobbying law by adopting a questionnaire which is sent to each organization that has sent an invitation to the committee. The questionnaire has helped focus everyone's attention on the key provisions of the new law as they relate to group invitations. I am pleased with the cooperation that the groups have shown and I believe that both the letter and spirit of the law are being followed.
We all know that the responsibility of complying with new law rests ultimately with each individual member. However, since the committee has assumed the responsibility of collecting information and reviewing that information, I think it is essential that I pass along information which may be relevant for members to consider in making your individual decision. It is for this purpose that I rise today. I do so for no other reason than which I just mentioned. I am in no way passing judgment.
I believe each of you have received an invitation to a function this evening hosted by the Association of Counties. The association, however, has asked the committee to "no longer consider the invitation" but has not rescinded your individual invitations. I am not exactly sure where this leaves us as there is no requirement in the law that an invitation be submitted to the committee. Since this is the first organization that has taken this action, as chairman, I felt it was my duty to inform you of this fact and pass along this information.
In a moment I will ask unanimous consent to pass out several items to assist you in deciding whether to attend this function. In particular, I urge you to carefully review the responses to question 8 on the questionnaire. Again, I am not suggesting anything other than each member carefully review this material and make an individual decision as to whether you will attend this function.
There are two other items which I would like to mention briefly. As you may not be aware, the committee is no longer listing invitations where there may be a prior commitment. This was done because the questionnaire is not sent to these groups. This fact doesn't mean that members shouldn't attend these functions, it simply means that no one has reviewed this invitation on behalf of the Senate, and that this is something you may wish to take into consideration in making your individual decision.
Secondly, as you may recall, I mentioned earlier in the year that the committee wanted to be sure what members had to report regarding functions held by a lobbyist's principal. Consequently, I wrote the Secretary of State and I have received a response which I will pass along. I also ask at this time that these letters be published in the Senate Journal.
Mr. President, I ask unanimous consent to pass out the information regarding the withdrawal of the invitation by the Association of Counties and my letter and the response to this letter.
Thank you for your attention. I would be happy to respond to any questions.
(On motion of Senator MOORE, ordered printed in the Journal)
The following was received:
Document No. 1413
Promulgated By Licensing Board For Contractors
Roofing License/Late Renewal Penalty
Received By Lt. Governor November 19, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1992
Withdrawn and resubmitted February 18, 1992
The following was received and referred to the appropriate committee for consideration:
Document No. 1420
Promulgated By Department Of Health And Environmental Control
Standards For Licensing Renal Dialysis Facilities
Received By Lt. Governor February 18, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 17, 1992
Senator DRUMMOND introduced Dr. Julius L. Leary, Jr. of Greenwood, South Carolina, Doctor of the Day.
Senator ROSE requested and was granted a leave of absence beginning at 12:00 Noon for the balance of the day.
On motion of Senator RUSSELL, Senator POPE was granted a leave of absence for Wednesday, February 19, 1992.
At 11:22 A.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:10 A.M. on Thursday, February 20, 1992.
There was no objection and a message was sent to the House accordingly.
The following were introduced:
S. 1304 -- Senators Saleeby, Land, Mullinax, Bryan, Pope, Lourie, Macaulay, McConnell, McGill, Nell W. Smith, Hinds, Holland, O'Dell, Stilwell, Fielding, Washington, Matthews, Moore and Reese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION BEFORE ADOPTING A REFORM PACKAGE DEALING WITH MEDICAL INSURANCE.
Whereas, the Board of Directors of the South Carolina Medical Malpractice Liability Insurance Joint Underwriting Association has determined that in 1991 the association achieved net profits in excess of the required surplus and reasonable loss reserves retained in the conduct of business of the association, that excess profits of $6,000,000 constitute surplus, and that this $6,000,000 has been distributed to the policyholders; and
Whereas, this dividend amounted to the return of fifty-five percent of the South Carolina Medical Malpractice Liability Insurance Joint Underwriting Association's 1991 earned premiums; and
Whereas, South Carolina has the lowest medical malpractice insurance rates in the nation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of South Carolina memorialize Congress to consider the South Carolina Medical Malpractice Liability Joint Underwriting Association before adopting a reform package dealing with medical insurance.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Vice President of the United States, and all members of the United States Congress.
Referred to the Committee on Medical Affairs.
S. 1305 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO THE RESCUE 11 EMERGENCY MEDICAL SERVICES SQUAD OF LANDRUM IN SPARTANBURG COUNTY FOR BEING CHOSEN THE WINNER OF THE "STATE EMERGENCY MEDICAL SERVICES SYSTEM OF THE YEAR" AWARD, AND COMMENDING THE SQUAD FOR ITS OUTSTANDING WORK AND PUBLIC SERVICE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1306 -- Senator Martin: A BILL TO AMEND SECTION 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHER CONTRACTS, SO AS TO AUTHORIZE ANNUAL CONTRACTS UNDER CERTAIN CONDITIONS FOR TEACHERS CERTIFIED UNDER THE TRADES AND INDUSTRIAL EDUCATION CERTIFICATION PROCESS WHO ARE EMPLOYED IN RURAL SCHOOL DISTRICTS.
Read the first time and referred to the Committee on Education.
S. 1307 -- Senators Courson, Wilson, Lourie, Moore and Giese: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO REQUIRE A CERTIFIED POLITICAL PARTY WISHING TO HOLD A PRESIDENTIAL PRIMARY ELECTION TO HOLD SUCH ELECTION ON THE SECOND TUESDAY IN JANUARY.
Senator COURSON spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1308 -- Senators Nell W. Smith, Mullinax and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Judiciary.
S. 1309 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ESTABLISH ENVIRONMENTAL COMPLIANCE HISTORY REQUIREMENTS FOR SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PERMITS INCLUDING AUTHORIZING THE DEPARTMENT TO REVIEW AND CONSIDER THE ENVIRONMENTAL COMPLIANCE HISTORY OF A PERMIT APPLICANT OR PERSON, TO REQUIRE THE FILING OF A DISCLOSURE STATEMENT, AND TO CHARGE AND COLLECT A FEE PURSUANT TO REGULATION FOR CONDUCTING BACKGROUND INVESTIGATIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.
Senator J. VERNE SMITH spoke on the Bill.
Read the first time and referred to the Committee on Transportation.
S. 1311 -- Senators Giese, Rose, Drummond, Mullinax, Hinson, Nell W. Smith, Fielding, McConnell, Peeler, Courtney, McGill, Passailaigue, Lourie, Land, Leatherman, Saleeby, Reese, Moore, Shealy, Gilbert, Wilson, Robert W. Hayes, Jr., Courson, Martschink, Patterson, Russell, Bryan, Helmly and Hinds: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".
Read the first time and on motion of Senator GIESE, with unanimous consent, ordered placed on the Calendar without reference.
H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.
Read the first time and referred to the Committee on Judiciary.
H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
Read the first time and referred to the Committee on Education.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
S. 1109 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-60 SO AS TO PROHIBIT FREE TUITION FOR A MEMBER OF THE BOARD OF TRUSTEES OF A STATE SUPPORTED POST-SECONDARY EDUCATION INSTITUTION OR MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
S. 1203 -- Senator Setzler: A BILL TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.
Ordered for consideration tomorrow.
Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:
S. 1223 -- Senators Giese and Hinson: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.
Ordered for consideration tomorrow.
Senator WILSON, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 1251 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 17 AND NEW VOLUME 17A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1992.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:
H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
H. 4380 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
Member, John De La Howe School Board of Trustees, with term to expire April 1, 1997:
Mr. Francis E. Grier, 110 Overbrook Drive, Greenwood, South Carolina 29649
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1997 :
1st Congressional District:
Col. Eugene D. Foxworth, Jr., Apartment 302, 1 King Street, Charleston, South Carolina 29401 VICE Mr. Herbert J. Schoyle, Jr.
Senator MOORE, from the General Committee, submitted a favorable report on:
Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1995:
Mrs. Gretchen M. Johnson, Mckellar & Associates Architects, Inc., Post Office Box 1076, Mt. Pleasant, South Carolina 29465
Senator MOORE, from the General Committee, submitted a favorable report on:
Appointment, Member, South Carolina Fire Commission, with term to expire January 15, 1996:
4th Congressional District:
Chief James G. Moore, Mauldin City Fire Department, 9 East Butler Avenue, Mauldin, South Carolina 29662
Senator MOORE, from the General Committee, submitted a favorable report on:
Appointment, Member, State Athletic Commission, with term to expire June 30, 1996:
2nd Congressional District:
Mr. John H. Holladay, Jr., 416 Old Saybrook Drive, Columbia, South Carolina 29210
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Reappointment, Member, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1995:
Ms. Doris G. Sheriff, Alliance Realty Company, 4559-A Charlotte Highway, Lake Wylie, South Carolina 29710
Senator MOORE, from the General Committee, submitted a favorable report on:
Member, Commission on Women, with term to expire October 18, 1995:
Mrs. Betty G. Dominick, Post Office Box 250, Prosperity, South Carolina 29127
Senator MOORE, from the General Committee, submitted a favorable report on:
Member, South Carolina Arts Commission, with term to expire June 30, 1995:
Mrs. Mildred H. Dent, 21 Montgomery Drive, Spartanburg, South Carolina 29302
Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:
Member, South Carolina State Ports Authority, with term to expire February 13, 1997:
Mr. Robert L. Selman, 431 Edisto Avenue, Columbia, South Carolina 29205 VICE John Warren (resigned)
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Reappointment, Member, Jobs Economic Development Authority, with term to expire July 27, 1995:
At-Large:
Mr. Robert L. Mobley, 1003 Chesterfield Avenue, Lancaster, South Carolina 29720
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 3731 -- Rep. P. Harris: A BILL TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.
The following Bill having been read the second time was passed and ordered to a third reading:
S. 1303 -- Senators Williams and Holland: A BILL TO AMEND SECTION 1-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF THE UNITED STATES CENSUS, SO AS TO ADOPT THE 1990 CENSUS; AND TO PROVIDE THAT THE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, CONVENTION, OR PETITION FOR A COUNTYWIDE OR LESS THAN COUNTYWIDE OFFICE IS BETWEEN NOON APRIL SIXTEENTH AND NOON APRIL THIRTIETH; AND TO PROVIDE THAT FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE BY A CANDIDATE IN A PRIMARY ELECTION AS THE NOMINEE OF A POLITICAL PARTY FOR A COUNTYWIDE OFFICE IS NOON ON APRIL THIRTIETH.
Senator MOORE explained the Bill.
H. 4021 -- Reps. Rogers and J. Brown: A BILL TO AMEND ACT 280 OF 1979, RELATING TO THE TAX LEVY FOR RICHLAND AND LEXINGTON COUNTY SCHOOLS, SO AS TO PROVIDE THAT EFFECTIVE WITH THE FISCAL YEAR BEGINNING JULY 1, 1991, A SCHOOL TAX FOR GENERAL OPERATING PURPOSES FOR RICHLAND COUNTY SCHOOL DISTRICT 1 MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICT.
Senator WILSON asked unanimous consent to take the Bill up for immediate consideration.
On motion of Senator WILSON, the vote whereby the Bill was given a second reading was reconsidered.
H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
On motion of Senator MOORE, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
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.
On motion of Senator MOORE, the Bill was carried over.
S. 1101 -- Senators McConnell and Hinson: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.
On motion of Senator McCONNELL, the Bill was carried over.
S. 394 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 6 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE REQUIREMENT THAT SENATORS ADDRESS THE PRESIDENT AND THE APPROPRIATE PLACE FOR A SENATOR TO STAND WHILE ADDRESSING THE SENATE, SO AS TO PROVIDE THAT NO SENATOR MAY INTERRUPT ANOTHER SENATOR IN DEBATE WITHOUT THE SENATOR'S CONSENT, TO PROHIBIT IMPUTING UNWORTHY CONDUCT OR MOTIVES TO ANOTHER SENATOR, AND TO PROHIBIT ANY REMARKS OFFENSIVE TO ANY COUNTY OR MUNICIPALITY.
On motion of Senator McCONNELL, the Resolution 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 (NO5\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK and previously printed in the Journal of May 22, 1991.
On motion of Senator LEATHERMAN, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to go into Executive Session prior to adjournment or recess.
On motion of Senator GIESE, the Senate agreed to dispense with the remainder of the Motion Period.
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 adoption of Amendment No. 21A (RES494.88) proposed by Senators BRYAN, LEVENTIS and SETZLER and previously printed in the Journal of Wednesday, February 12, 1992.
Senator BRYAN argued in favor of the adoption of Amendment No. 21A.
Senator McCONNELL asked unanimous consent to make a motion that the authors of the amendments to S. 494 be granted leave to perfect their respective amendments on the desk.
Senator MULLINAX objected.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator HOLLAND asked unanimous consent to make a motion that the authors of the amendments to S. 494 be granted leave to perfect their respective amendments on the desk.
Senator HINDS objected.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator DRUMMOND requested at 12:55 P.M. and was granted a leave of absence from 1:00 - 6:00 P.M. today.
Senator HOLLAND made a Parliamentary Inquiry as to whether or not a ruling had been rendered as to whether an amendment which is technically incorrect could be perfected by the author after cloture had been invoked.
Senator THOMAS made a Parliamentary Inquiry as to whether or not an author could perfect an amendment on the desk prior to its being read.
The PRESIDENT advised that all amendments on the desk had been proposed and previously carried over.
Senator THOMAS made a Parliamentary Inquiry as to whether or not an author could substitute an amendment for one that was on the desk.
The PRESIDENT advised that the substitution of an amendment, which was previously carried over, would require unanimous consent.
Senator LOURIE asked unanimous consent to make a motion that Senators BRYAN and SETZLER be granted leave to perfect their respective amendments which were on the desk.
There was no objection.
Senator LAND asked unanimous consent to make a motion that the staff be granted leave to make technical changes to the amendments on the desk which may be necessary as a result of the adoption of an amendment, while not changing the substance of any amendment.
There was no objection.
On motion of Senator BRYAN, Amendment No. 21B (RES494.97) was substituted for Amendment No. 21A.
Senator BRYAN proposed the following Amendment No. 21B (RES 494.97), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Title 57 of the 1976 Code is amended by adding a new chapter to read:
Section 57-2-10. The congressional districts of this State are constituted and created highway districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts in existence on January 1, 1991. For each district there must be chosen in the manner and for the terms of office provided in this article two commissioners to be known as district highway commissioners. Any county that is divided between two or more congressional districts, for purposes of appointment of district highway commissioners, shall be considered to be in the district that has the most of that respective county's population.
There shall be one commissioner selected from the State at large, upon the advice and consent of the Senate, who must be appointed by the Governor, and whose term is coterminous with that of the Governor appointing. The commissioner appointed by the Governor shall serve as chairman of the commission. The commissioners so chosen constitute the Commission of the Department of Transportation.
Section 57-2-20. Beginning April 15, 1993, district commissioners must be elected by the legislative delegation of each congressional district for a term of office of four years, which expires on April fifteenth of the appropriate year. The terms of the initial members of the commission elected by the legislative delegations pursuant are as follows:
(1) commissioners elected to represent Seat A in each congressional district: two years;
(2) commissioners elected to represent Seat B of each congressional district: four years.
Candidates must declare for Seat A or Seat B in each district. No county within a highway district shall have a resident commissioner for more than one consecutive term and in no event shall any two commissioners from the same county serve simultaneously. The legislative delegations representing the counties of each district shall meet upon written call of a majority of the members of the delegations of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the legislative delegation from a given district constitute a quorum for the purpose of electing a district commissioner. No person may be elected district commissioner who fails to receive a majority vote of the members of the legislative delegation.
The legislative delegation must be organized by the election of a chairman and a secretary, and the legislative delegations of each district shall adopt such rules as they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the legislative delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person, after he has taken the usual oath of office, a certificate of election as district commissioner. The Governor shall thereupon issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.
Section 57-2-30. Any vacancy as district commissioner occurring by death, resignation or removal shall be filled by election in the manner provided in Section 57-2-20 for the unexpired term only. Any vacancy as district commissioner occurring or approaching on account of the expiration of the term of office may be filled by election as provided in this section at any time within sixty days prior to the expiration of such term of office or afterwards.
Section 57-2-40. A qualified elector of the district may be elected to represent that district on the commission. Failure by a commissioner to maintain his residency in the district for which he is elected shall result in the forfeiture of his office.
Section 57-2-50. Each commissioner must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act.
Section 57-2-60. The commission must select a vice-chairman and a first vice-chairman to serve for two-year terms. The commission shall adopt its own rules and procedures. The Director for Finance and Administration must act as secretary to the commission.
Section 57-2-70. The commission may adopt an official seal for use on official documents of the department."/
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Article 3, Chapter 3 of Title 57 of the 1976 Code is repealed effective April 15, 1994./
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Any present member of the South Carolina Department of Highways and Public Transportation Commission or members of the commission elected prior to the effective date of this act shall continue to serve until April 15, 1994.
Renumber sections to conform.
Amend title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator LOURIE asked unanimous consent, with Senator BRYAN retaining the floor, to make a motion that the Senate stand adjourned.
Senator J. VERNE SMITH objected.
Senator LOURIE asked unanimous consent, with Senator BRYAN retaining the floor, to make a motion that the Senate stand in recess until 2:30 P.M.
Senator MOORE objected.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator BRYAN moved that the amendment be adopted.
Senator LOURIE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Courtney Giese
Leatherman Lourie Martschink
Moore Peeler Russell
Setzler Shealy Smith, J.V.
Thomas Wilson
Bryan Carmichael Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leventis Macaulay Matthews
McConnell McGill Mitchell
Mullinax *O'Dell Passailaigue
Reese *Rose Saleeby
Smith, N.W. Stilwell Washington
*These Senators were not present in the chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Amendment No. 21B was adopted.
Consideration was interrupted by adjournment. The Bill remained in the status of Adjourned Debate.
On motion of Senator MOORE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Reappointment, Member, John De La Howe School Board of Trustees, with term to expire April 1, 1997:
Mr. Francis E. Grier, 110 Overbrook Drive, Greenwood, South Carolina 29649
Appointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1997:
1st Congressional District:
Col. Eugene D. Foxworth, Jr., Apartment 302, 1 King Street, Charleston, South Carolina 29401 VICE Mr. Herbert J. Schoyle, Jr.
Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1995:
Architect:
Mrs. Gretchen M. Johnson, McKellar & Associates Architects, Inc., Post Office Box 1076, Mt. Pleasant, South Carolina 29465
Reappointment, Member, South Carolina State Fire Commission, with term to expire January 15, 1996:
4th Congressional District--Full Time Fireman:
Chief James G. Moore, Mauldin City Fire Department, 9 East Butler Avenue, Mauldin, South Carolina 29662
Reappointment, Member, State Athletic Commission, with term to expire June 30, 1996:
2nd Congressional District:
Mr. John H. Holladay, Jr., 416 Old Saybrook Drive, Columbia, South Carolina 29210
Reappointment, Member, South Carolina Real Estate Appraisers Board, with term to expire May 31, 1995:
Real Estate:
Ms. Doris G. Sheriff, Alliance Realty Company, 4559-A Charlotte Highway, Lake Wylie, South Carolina 29710
Reappointment, Member, Commission on Women, with term to expire October 18, 1995:
At-Large:
Mrs. Betty G. Dominick, Post Office Box 250, Prosperity, South Carolina 29127
Reappointment, Member, South Carolina Arts Commission, with term to expire June 30, 1995:
At-Large:
Mrs. Mildred H. Dent, 221 Montgomery Drive, Spartanburg, South Carolina 29302
Appointment, South Carolina State Ports Authority, with term to expire February 13, 1997:
Mr. Robert L. Selman, 431 Edisto Avenue, Columbia, South Carolina, 29205 VICE John Warren (resigned)
Reappointment, Member, Jobs Economic Development Authority, with term to expire July 27, 1995:
At-Large:
Mr. Robert L. Mobley, 1003 Chesterfield Avenue, Lancaster, South Carolina 29720
Reappointment, Greenville County Master-in-Equity, with term to expire January 1, 1998:
Mr. Charles B. Simmons, Jr., 11 West Hillcrest Drive, Greenville, South Carolina 29304
Reappointment, Member, Chester County Board of Voter Registration, with term to expire March 15, 1994:
Mr. Wade H. McManus, 104 Courtland Street, Chester, South Carolina 29706
Appointment, York County Magistrate, with term to expire April 30, 1995:
Initial Appointment under Act 768 of 1988:
Mr. Donald S. Tennyson, Sr., 1225 Twin Lakes Road, Rock Hill, South Carolina 29730
MOTION ADOPTED
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect for Harriett Coleman, beloved mother of Hattie Waymyers.
At 1:35 P.M., on motion of Senator HINDS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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