Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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 in the Oxford Revised Version of the Scriptures, words of St. James, Chapter 5 (vv.10-11):
"As an example of suffering and patience, brethren,
take the prophets who spoke in the name of the
Lord. Behold, we call them happy who were stead-
fast..."
Let us pray.
Our Father, as we move on into the high grass of the legislative processes, may we be led of Your Spirit to ponder well the pattern we are weaving.
Help us to make all the little pieces... and the big pieces... find their proper relationships, so that important things might not become enmeshed with the trivial.
As the bell of urgency rings out, beckoning us to move forward, help us to respond with glad and willing hearts... looking up... and taking heart!
We make our morning prayer in the Redeemer's Name who taught us that the Kingdom of God is within us!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 19, 1992
Mr. President and Members of the Senate:
I am hereby returning without my approval S.988, R267:
AN ACT TO AUTHORIZE THE ANDERSON COUNTY FIRE PROTECTION COMMISSION TO APPOINT AND COMMISSION FIRE INVESTIGATORS WITH THE POWERS OF COUNTY LAW ENFORCEMENT OFFICERS AND TO PROVIDE FOR THEIR QUALIFICATIONS.
This veto is based upon an opinion of the Attorney General's Office dated February 18, 1992, which states in concluding:
"The act bearing Ratification Number 267 of 1992 authorizes the Anderson County Fire Protection Commission to appoint and commission fire investigators who shall have the full powers of law enforcement officers of Anderson County. A review of Act No. 294 of 1961 which created the commission, shows that the fire district is located wholly within Anderson County. Thus, S. 988, R267 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that `[n]o laws for a specific county shall be enacted.' Acts similar to S. 988, R267 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
The veto of the Governor was taken up for immediate consideration.
Senator MULLINAX moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken, resulting as follows:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson
The necessary vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The following was received:
Document No. 1389
Promulgated By Commissioners of Pilotage Port of Charleston
Harbor Pilots
Received By Lt. Governor July 29, 1991
Referred to Senate Committee on Labor, Commerce and Industry
Withdrawn January 30, 1992
Resubmitted February 24, 1992
Revised 120 day review expiration date June 13, 1992
Senator WILLIAMS introduced Dr. Monnie Singleton of Ehrhardt, South Carolina, Doctor of the Day.
At 12.20 P.M., on motion of Senator COURSON, Senator GIESE was granted a leave of absence for the week.
Senator MATTHEWS requested at 12:20 P.M. and was granted a leave of absence until 6:00 P.M. today.
S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.
The House returned the Bill with amendments.
Senator MARTSCHINK proposed the following amendment (RES830.01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety.
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
H. 4355 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CERTIFIED WELL DRILLERS, BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LAND, with unanimous consent, the Resolution was recalled from the Committee on Agriculture and Natural Resources.
On motion of Senator LAND, with unanimous consent, the Resolution was referred to the Committee on Medical Affairs.
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.
On motion of Senator REESE, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.
On motion of Senator REESE, with unanimous consent, the vote whereby the Bill was introduced and read the first time was reconsidered.
The following were introduced:
S. 1318 -- Senator Bryan: A SENATE RESOLUTION TO ADD RULE 19(B) TO THE RULES OF THE SENATE, RELATING TO STANDING COMMITTEES, SO AS TO CREATE A SENATE COMMITTEE ON AGENDA CONSISTING OF THE CHAIRMAN OF EACH OF THE SENATE STANDING COMMITTEES OR HIS DESIGNEE TO MAKE RECOMMENDATIONS TO PRIORITIZE LEGISLATION MADE SPECIAL ORDER.
Be it resolved by the Senate of the State of South Carolina:
That Rule 19(B) of the Senate be added to the Senate Rules to read:
(1) There is hereby created a Committee on Agenda composed of the chairman of each Senate Standing Committee or his designee from the membership of that committee, except as provided herein. The chairman of the committee on Interstate Cooperation shall not have a seat on this committee. The members of the committee shall elect a chairman from among its membership and shall designate the time and place of its meetings. The Committee on Agenda shall meet on Tuesday morning of the second and fourth Tuesday of each month of the legislative session.
(2) The Committee on Agenda shall make recommendations on bills to be placed in the status of Special Order on the Senate Calendar. If a bill is recommended for special order by the Committee on Agenda, it shall require only a majority vote of the members of the Senate present and voting during the daily session to place the bill on special order. However, a bill shall not be recommended for special order by the Committee on Agenda if the chairman of the committee to whom it was originally referred does not vote in favor the bill being placed on special order.
(3) If a bill has been on special order for twelve legislative days, the Committee on Agenda may recommend that such bill be removed from special order status. If the Committee on Agenda makes recommendations for such removal, it shall require only a majority vote of the members of the Senate present and voting during the daily session of the Senate to remove a bill recommended for removal from the status of Special Order."
Senator BRYAN spoke on the Resolution.
Referred to the Committee on Rules.
S. 1319 -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE HEATH HILL OF RICHLAND COUNTY FOR BEING THE STATE'S TOP CORN GROWER FOR 1991.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1320 -- Senators Land, Hinds, Passailaigue and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 48, SO AS TO PROVIDE FOR THE SOUTH CAROLINA OIL SPILL RESPONDERS LIABILITY ACT TO CONFORM SOUTH CAROLINA LAW WITH THE FEDERAL OIL POLLUTION ACT OF 1990 AND WITH THE LAW OF ADJACENT STATES BY PROVIDING IMMUNITY FROM LIABILITY FOR PROPERTY DAMAGE CAUSED BY ACTS OF SIMPLE NEGLIGENCE ON THE PART OF PERSONS RESPONDING TO OIL SPILLS AND TO ENSURE THAT A PARTY CAUSING AN OIL SPILL REMAINS LIABLE FOR REMOVAL COSTS AND DAMAGES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1321 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1322 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-360 SO AS TO PROHIBIT HAZING AT STATE UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO DEFINE IT FOR THIS PURPOSE, AND TO PROVIDE CERTAIN PENALTIES FOR A VIOLATION.
Read the first time and referred to the Committee on Education.
S. 1323 -- Senator Drummond: A BILL TO AMEND SECTION 4-10-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION, COLLECTION, AND REVENUE DISTRIBUTION OF THE LOCAL SALES AND USE TAX, SO AS TO DELAY THE IMPOSITION DATE FROM MAY FIRST TO JUNE FIRST FOLLOWING APPROVAL AND TO DELETE AN OBSOLETE PROVISION.
Read the first time and referred to the Committee on Finance.
S. 1324 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 12-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSTRUMENTS OF CONVEYANCE NOT BE RECORDED UNLESS STAMPED AND ACCOMPANIED BY AN AFFIDAVIT OF TRUE CONSIDERATION, SO AS TO EXEMPT CONVEYANCES OF THE FEDERAL GOVERNMENT FROM THE REQUIREMENTS OF FILING THE AFFIDAVIT.
Read the first time and referred to the Committee on Judiciary.
S. 1325 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE THE CRIME OF INJURING OR KILLING A PERSON WHILE OPERATING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AS PROVIDED IN SECTION 56-5-2945.
Read the first time and referred to the Committee on Judiciary.
S. 1326 -- Senators Mullinax, Hinds, Reese, O'Dell and McGill: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.
Senator MULLINAX spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 1327 -- Senator Williams: A BILL TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1328 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONCOMPLIANCE BY A TENANT WITH THE RENTAL AGREEMENT UNDER THE PROVISIONS OF THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE WITHIN THE PROVISIONS THE NONCOMPLIANCE WITH SECTION 27-40-540 (PROHIBITION ON ILLEGAL ACTIVITIES), TO AUTHORIZE A LICENSED REAL ESTATE BROKER-IN-CHARGE, IN ADDITION TO THE LANDLORD, TO RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF, AND TO AUTHORIZE THE BROKER OR LANDLORD TO OBTAIN JUDGMENTS OR EVICTIONS UNDER THE PROCEDURES ESTABLISHED IN THE SECTION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1329 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 7, TITLE 44, SO AS TO REQUIRE THAT HOSPITAL DECISIONS TO EXECUTE, RENEW, MODIFY, OR TERMINATE EXCLUSIVE CONTRACTS BE BASED ON FORMAL RECOMMENDATIONS OF THE ORGANIZED MEDICAL STAFF.
Read the first time and referred to the Committee on Medical Affairs.
S. 1330 -- Senators Land, Leatherman and Leventis: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REQUIRE THAT ASPHALT USED IN PROJECTS APPROVED BY BID BY THE DEPARTMENT MAY INCLUDE RIVER GRAVEL.
Senator LAND spoke on the Bill.
Read the first time and referred to the Committee on Transportation.
S. 1331 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE GOVERNOR'S TEACHING SCHOLARSHIP/LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and placed on the Calendar without Reference.
S. 1332 -- Senator Leventis: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, AND ACT 741 OF 1990, RELATING TO THE ELECTION OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICTS 2 AND 17, SO AS TO REAPPORTION THE ELECTION DISTRICTS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1333 -- Senators Nell W. Smith, Mullinax, Land, O'Dell, Reese and Hinds: A BILL TO AMEND SECTION 20-7-2115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF AFTERCARE PROGRAM, PLACEMENT INVESTIGATIONS, ROLE OF STAFF, AND THE EMPLOYMENT OF COUNSELORS, SO AS TO PROVIDE FOR THE EMPLOYMENT OF A DIRECTOR OF PAROLE AND OTHER STAFF BY THE PAROLE BOARD.
Read the first time and referred to the Committee on Corrections and Penology.
H. 4450 -- Reps. Tucker, J. Brown, P. Harris and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER PENDLETON MAYOR DEXTER GOSSETT OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4451 -- Reps. Tucker, P. Harris, Chamblee, Shirley, Townsend and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE J. M. WINGO, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FROM ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4103 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-20-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF COUNTY MENTAL RETARDATION BOARDS BY COUNTY ORDINANCE, SO AS TO CLARIFY THAT THE APPOINTMENT PROCESS RATHER THAN THE APPOINTING AUTHORITY EXISTING ON JANUARY 1, 1991, MUST BE PRESERVED IN THE ORDINANCE AND PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4108 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.
Read the first time and referred to the Committee on Medical Affairs.
H. 4111 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.
Read the first time and on motion of Senator SALEEBY, ordered placed on the Calendar without reference.
H. 4119 -- Reps. Haskins, Rama, Wilkins, Cato, Harrison, Smith, Felder, Baxley, Wells, A. Young, D. Elliott, Harvin, Lanford, Anderson, Riser, Gonzales, Manly, J. Williams, Waites, Kirsh, Keegan, Rudnick, Mattos, Harrelson, Stone, J. Brown, Keyserling and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4120 -- Rep. Haskins: A BILL TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES CREDIT CONTRACTS, SO AS TO DEFINE THAT "BUSINESS DAY" MEANS MONDAY THROUGH FRIDAY EXCLUDING STATE AND FEDERAL HOLIDAYS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4136 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: 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.
Read the first time and on motion of Senator SALEEBY, ordered placed on the Calendar without reference.
H. 4138 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: 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.
Read the first time and on motion of Senator SALEEBY, ordered placed on the Calendar without reference.
H. 4141 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: 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.
Read the first time and on motion of Senator SALEEBY, ordered placed on the Calendar without reference.
H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.
Read the first time and referred to the Committee on Corrections and Penology.
H. 4248 -- Reps. Wright and Riser: 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.
Read the first time and referred to the Committee on Judiciary.
H. 4277 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.
Read the first time and referred to the General Committee.
H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
H. 4404 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DOMINIC D. DIFRANCESCO, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 25, 1992.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
H. 4416 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND THE INSTITUTE OF INTERNAL AUDITORS AND ITS FIFTY THOUSAND MEMBERS WORLDWIDE FOR ITS MANY CONTRIBUTIONS IN THE FIELDS OF BUSINESS, INDUSTRY, GOVERNMENT, AND EDUCATION, TO ALSO COMMEND THE PALMETTO CHAPTER OF THE INSTITUTE AND ITS DISTINGUISHED MEMBERS AND HONOREES FOR THEIR PROFESSIONALISM AND ACCOMPLISHMENTS IN INTERNAL AUDITING, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF FEBRUARY, 1992, AS "CERTIFIED INTERNAL AUDITOR MONTH" IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Farm Bureau to attend a banquet at the Ellison Building on Tuesday, February 25, 1992, beginning at 6:00 P.M.
The invitation was accepted.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from DHEC (Center for Health Promotion) to attend the 4th Annual Legislative Cardiovascular Health Event, in the main lobby of the State House on Wednesday, February 26, 1992, from 9:00 A.M-4:00 P.M.
The invitation was accepted.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from Santee Cooper Board of Directors to attend a luncheon at the Capital City Club on Wednesday, February 26, 1992, upon adjournment.
The invitation was accepted.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Home Economics Association to attend a hospitality table at the lobby of the State House on Thursday, February 27, 1992, from 9:00 A.M.-10:00 A.M.
The invitation was accepted.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Appointment, Judicial Circuit Appointment, Solicitor, with term to expire when a successor has been elected and qualified:
2nd Judicial Circuit:
Ms. Barbara R. Morgan, 659 Coker Springs Road, Aiken, South Carolina 29801 Vice Robert J. Harte (Resigned)
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1995:
6th Congressional District:
Mr. Fred L. Sumpter, 914 North Merriman Road, Georgetown, South Carolina 29440
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Reappointment, Member, State Human Affairs Commission, with term to expire June 30, 1995:
5th Congressional District:
Ms. Suzanne Smith, 793 Summerwood Drive, Rock Hill, South Carolina 29732
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
Reappointment, Member, State Agency of Vocational Rehabilitation, with term to expire March 15, 1999:
At Large:
Dr. Henry L. Laffitte, 505 North Memorial Avenue, Allendale, South Carolina 29810
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
Reapointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1996:
At Large:
Mr. Oscar F. Prioleau, 205 Chateau Drive, Greenville, South Carolina 29615.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to expire August 15, 1996:
Mr. Dee A. Smith, Post Office Box 26957, Greenville, South Carolina 29616
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:
Appointment, Member, Mining Council, with term to expire June 30, 1994:
Dr. Frank Caruccio, Department of Geological Sciences-401 EWSC, University of South Carolina, Columbia, South Carolina 29208
S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.
The House returned the Bill with amendments.
Senator ROSE spoke on the Bill.
On motion of Senator ROSE, 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. 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.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
S. 1313 -- Senators J. Verne Smith, Bryan, Mitchell, Thomas, Stilwell, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER SENATOR P. BRADLEY MORRAH, JR., OF GREENVILLE AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time, passed and ordered returned to the House with amendments:
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.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
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.
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.
The following Bills having been read the second time was passed and ordered to a third reading:
S. 1287 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 892 -- Senator Russell: A BILL TO AMEND ACT 554 OF 1971, RELATING TO THE CREATION OF THE PELHAM-BATESVILLE FIRE DISTRICT IN SPARTANBURG AND GREENVILLE COUNTIES, SO AS TO DELETE ANY PROPERTY OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT FROM THE FIRE DISTRICT.
Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.
Senators J. VERNE SMITH and RUSSELL proposed the following amendment (JIC\6201.HC), which was adopted:
Amend the bill, as and if amended, in Section 3, as contained in SECTION 2, page 1, by striking lines 40 through 43 and inserting:
/However, effective on and after December 31, 1993, any property of the Greenville-Spartanburg Airport District which would otherwise be included within the fire district as created by this act is specifically excluded from it. Tenants and users of Greenville-Spartanburg Airport shall pay one hundred percent of Pelham-Batesville Fire District tax assessments for tax years 1991, 1992, and 1993, in the manner provided by law./
Amend title to conform.
Senator J. VERNE SMITH spoke on the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator J. VERNE SMITH, S. 892 was ordered to receive a third reading on Wednesday, February 26, 1992.
H. 3787 -- Reps. J. Bailey, Barber, Fulmer, Hallman, Holt, Rama, Gonzales, R. Young, Whipper and D. Martin: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator MARTSCHINK proposed the following amendment (RES3787.002), which was tabled:
Amend the bill, as and if amended, page 3, after line 6, by adding an appropriately numbered new SECTION to read as follows:
/SECTION . Notwithstanding any provisions of law to the contrary, all appointments or recommendations for appointments made by the Charleston County Legislative Delegation must be made by the Charleston County Council. The provisions of this section shall apply only to boards, commissions, special purpose districts, or other entities located or operating solely in Charleston County and shall in no way affect regional, multi-county, or statewide appointments or recommendations for appointments./
Amend title to conform.
Senator FIELDING proposed the following amendment (RES3787.004):
Amend the bill, as and if amended, Page 2, beginning on Line 24, by deleting SECTION 2 in its entirety.
Renumber to conform.
Amend title to conform.
Senator MARTSCHINK objected to further consideration of the Bill.
H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: 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, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.
On motion of Senator WILLIAMS, the Bill was recommitted to the Committee on Judiciary.
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.
The Concurrent Resolution was adopted, ordered sent to the House.
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 POPE, the Bill was carried over.
H. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.
On motion of Senator MOORE, 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 STILWELL, 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 dispense with the Motion Period.
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.
On motion of Senator LEATHERMAN, the Bill was carried over.
On motion of Senator McCONNELL, at 1:25 P.M., Senator ROSE was granted a leave of absence for the balance of the day.
S. 531 -- Senator Fielding: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1990 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1992 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators McCONNELL and MARTSCHINK proposed the following Amendment No. 1 (RES531.7), which was tabled:
Amend the bill, as and if amended, by striking SECTION 4 in its entirety and inserting the following:
/SECTION 4. The Charleston County School District is directed to ensure that the question of whether to implement a single-member district plan is placed on the ballot at the general election in 1992./
Amend the bill further, as and if amended, by adding a new SECTION 5 to read:
/SECTION 5. If the result of the referendum favors the single-member district method of election, then the general election in 1994 shall be conducted on the basis of an adopted plan. Within thirty days of the General Election a plan must be submitted to the United States Department of Justice for preclearance. If the result of the referendum does not favor the single-member district method of election, then the method of election in effect prior to the date of the Governor's approval shall remain in effect notwithstanding the provisions of this act./
Amend the bill further, as and if amended, by adding a new SECTION 6 to read:
/SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator FIELDING argued contra to the adoption of the amendment.
Senator PASSAILAIGUE asked unanimous consent to make a motion that the Bill be read the second time, with notice of general amendments on third reading, carrying over all amendments to third reading.
Senator MARTSCHINK objected.
Senator FIELDING argued contra to the adoption of the amendment and Senator McCONNELL argued in favor.
Senator FIELDING moved to lay the amendment on the table.
Senator MARTSCHINK requested a division vote of the Senate.
A division vote was taken, resulting in a vote of 3-2.
The amendment was laid on the table.
Senators MARTSCHINK and FIELDING proposed the following Amendment No. 2 (RES531.01), which was adopted:
Amend the bill, as and if amended, SECTION 2, Page 6, line 17, striking /1984/ and inserting in lieu thereof /1990/.
Amend the bill further, as and if amended, SECTION 2, Page 6, line 21, by striking /1986/ and inserting in lieu thereof /1992/.
Amend the bill further, as and if amended, SECTION 2, Page 6, Line 23, by striking /1988/ and inserting in lieu thereof /1994/.
Amend title to conform.
Senator MARTSCHINK explained the amendment.
Senator MARTSCHINK moved that the amendment be adopted.
The amendment was adopted.
Senator MARTSCHINK proposed the following Amendment No. 3 (RES531.02), which was adopted:
Amend the bill, as and if amended, SECTION 3, Page 6, by striking beginning on Line 33 the following:
/Charleston County School District shall be are nominated by petition only filed with the county election commission prior to before September first of each election year signed by not less than five hundred qualified resident electors of Charleston County, not less than two hundred fifty of whom shall also be are residents of the area district from which the candidate nominated represents seeks election. Candidates so nominated shall must be/
and inserting in lieu thereof the following:
/Charleston County School District, shall be nominated by petition only filed with the county election commission prior to September first of each election year signed by not less than five hundred qualified resident electors of Charleston County, not less than two hundred fifty of whom shall also be residents of the area which the candidate nominated represents shall file with the county election commission before September first by paying a filing fee of twenty-five dollars. Candidates so nominated shall must be/
Amend title to conform.
Senator MARTSCHINK explained the amendment.
The amendment was adopted.
There being no further amendments, the question then was second reading of the Bill.
Senator MARTSCHINK spoke on the Bill.
Senator MARTSCHINK requested a division vote of the Senate.
A division vote was taken, resulting in a vote of 4-1.
The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator STILWELL proposed the following Amendment No. 1 (JUD555.002), which was adopted:
Amend the bill, as and if amended, page 4, line 21, in Section 14-7-1630(A)(2), as contained in SECTION 1, by inserting /if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State/ after /14-7-1615/ .
Amend the bill further, as and if amended, page 4, line 29, in Section 14-7-1630(A)(3), as contained in SECTION 1, by inserting /if the crime or crimes are of a multi-county nature or have transpired or are transpiring or have significance in more than one county of this State/ after /laws/ .
Amend the bill further, as and if amended, page 4, beginning on line 41, in Section 14-7-1630(B), as contained in SECTION 1, by striking /, in the case of those offenses contained in subsection (A)(1),/ .
Amend title to conform.
Senator STILWELL argued in favor of the adoption of the amendment and Senator POPE argued contra.
Senators SHEALY and BRYAN argued in favor of the adoption of the amendment.
Senator POPE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Hayes, R.W. Leatherman Macaulay
McConnell McGill O'Dell
Peeler Pope Rose
Russell Williams Wilson
Bryan Courson Courtney
Fielding Gilbert Helmly
Hinds Hinson Holland
Land *Leventis Lourie
Martschink Mitchell Moore
Mullinax Passailaigue Patterson
Reese Saleeby *Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas 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.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
Senators SETZLER and LEVENTIS desired to be recorded as voting in favor of third reading of the Bill.
On motion of Senator O'DELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 268 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator BRYAN, the Bill was carried over.
At 2:10 P.M., Senator LOURIE requested and was granted a leave of absence for one hour.
H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (JIC/5721.HC) previously proposed by Senator MACAULAY on January 15, 1992:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Section 4-10-20 of the 1976 Code, as added by Act 317 of 1990, is amended to read:
"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-510 and Article 11 of Chapter 35 of Title 12 Section 12-36-2110 are exempt from the local sales and use tax. Food items which may be purchased lawfully with United States Department of Agriculture food stamps are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810 12-36-1310. Taxpayers required to remit taxes under Section 12-35-810 12-36-1310 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12 Section 12-36-920, who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality."/
Renumber sections to conform.
Amend title to conform.
Senator MACAULAY argued in favor of the adoption of the amendment and Senator BRYAN argued contra.
Senator BRYAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Hayes, R.W.
Helmly Hinds Holland
Land McGill Mullinax
Passailaigue Saleeby Shealy
Smith, N.W. Stilwell
Carmichael Courson Fielding
Gilbert Hinson Leatherman
Macaulay Martschink McConnell
Mitchell Moore O'Dell
Peeler Reese Russell
Smith, J.V. Thomas Washington
Williams Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator BRYAN moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
McGill Mullinax O'Dell
Saleeby Shealy Smith, J.V.
Smith, N.W. Stilwell
Carmichael Courson Fielding
Gilbert Macaulay Martschink
McConnell Mitchell Moore
Passailaigue Peeler Reese
Russell Thomas Washington
Williams Wilson
The President voted "no" on the motion that the Senate stand adjourned.
Senator BRYAN argued contra to the adoption of Amendment No. 2.
At 2:15 P.M., Senator MOORE asked unanimous consent, with Senator BRYAN retaining the floor, to make a motion that the Senate stand adjourned.
Senator PASSAILAIGUE objected.
Senator BRYAN continued arguing contra to the adoption of Amendment No. 2.
Having voted on the prevailing side, Senator FIELDING asked unanimous consent, with Senator BRYAN retaining the floor, to make a motion to reconsider the vote whereby the Senate refused to table the amendment.
Senator MACAULAY objected.
Senator BRYAN argued contra to the adoption of Amendment No. 2.
Senator BRYAN moved to lay the amendment on the table.
Senator MACAULAY raised a Point of Order that the motion to table was out of order inasmuch as there had not been substantial progress in the debate and the Senate had just voted by a roll call vote of 14-20 to refuse to table Amendment No. 2.
Senator BRYAN spoke on the Point of Order.
Senator LEATHERMAN moved that the Senate stand adjourned.
Consideration was interrupted by adjournment.
On motion of Senator HELMLY, 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, Solicitor, with term to expire when a successor has been elected and qualified:
2nd Judicial Circuit:
Ms. Barbara R. Morgan, 659 Coker Springs Road, Aiken, South Carolina 29801 VICE Robert J. Harte (resigned)
Reappointments, Members, State Human Affairs Commission, with terms to expire June 30, 1995:
6th Congressional District:
Mr. Fred L. Sumpter, 914 North Merriman Road, Georgetown, South Carolina 29440
5th Congressional District:
Ms. Suzanne Smith, 793 Summerwood Drive, Rock Hill, South Carolina 29732
Reappointment, Member, State Agency of Vocational Rehabilitation, with term to expire March 15, 1999:
Dr. Henry L. Laffitte, 505 North Memorial Avenue, Allendale, South Carolina 29810
Reappointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1996:
At-Large:
Mr. Oscar F. Prioleau, 205 Chateau Drive, Greenville, South Carolina 29615
Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to expire August 15, 1996:
Mr. Dee A. Smith, Post Office Box 26957, Greenville, South Carolina 29616
Reappointment, Mining Council, with term to expire June 30, 1994:
Dr. Frank T. Caruccio, Department of Geological Sciences - 401 EWSC, University of South Carolina, Columbia, South Carolina 29208
Initial Appointment, Berkeley County Magistrate, with term to expire April 30, 1995:
Mr. D. Mark Stokes, 5812 Lakeview Drive, Hanahan, South Carolina 29406 VICE Mr. Daniel F. Pieper
Reappointments, Members, Chester County Board of Voter Registration, with terms to expire March 15, 1994:
Mrs. Martha F. Love-Gregory, Post Office Box 181, Chester, South Carolina 29706
Mr. Marion B. Kee, Route 1, Box 202, Richburg, South Carolina 29729
Initial Appointment, Member, Greenville County Board of Voter Registration, with term to expire March 15, 1992:
Mrs. Nelle G. Power, 115 Pinehurst Drive, Mauldin, South Carolina 29662 VICE Sandra E. Peterson (resigned)
At 2:25 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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