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 ACTING PRESIDENT, J. VERNE SMITH.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words recorded by St. Matthew, Chapter 9 (v.36):
"As He saw the crowds, His heart was filled
with pity for them, because they were worried
and helpless, like sheep without a shepherd".
Let us pray.
Father in Heaven, sometimes we can't work up any great enthusiasm for crowds. They frighten us! Sometimes crowds create chaos. It is difficult to relate calmly to a multitude.
But we pray this morning that You will give us the ability that Jesus of Nazareth had of seeing the faces in the crowd: the frightened child... the lonely widow... the young man with too much money... the man born blind... the troubled father... the conscience torn sinner.
Help us to see the people beyond our programs. May we, in our neighborhoods... and crossroads... touch one, then touch another, till all feel the reality of a great supporting fellowship that we know as a concerned state government.
This, we believe, will go far in helping us fulfill our prayer when we pray, THY KINGDOM COME.
Amen.
Senator STILWELL made the point that a quorum was not present.
It was ascertained that a quorum was not present.
Senator HINSON moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Courtney
Drummond Fielding Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Macaulay Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committee for consideration:
Document No. 1423
Promulgated By Department of Health and Environmental Control
NPDES Permits
Received By Lt. Governor February 25, 1992
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 24, 1992
Document No. 1439
Promulgated By Department of Agriculture
Repeal of Article 16. Supervision and Regulation of Milk and Milk Products
Received By Lt. Governor February 26, 1992
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 25, 1992
Document No. 1448
Promulgated By Coastal Council
Permitting Groins
Received By Lt. Governor February 26, 1992
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 25, 1992
Columbia, S.C., February 26, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R267, S. 988 by a vote of 5 to 0:
(R267) S. 988 -- Senators Mullinax, O'Dell and Macaulay: 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.
Very respectfully,
Speaker of the House
Received as information.
Senator HINDS introduced Dr. Gerald C. Harmon of Georgetown, South Carolina, Doctor of the Day.
Senator HELMLY requested at 11:20 A.M. and was granted a leave of absence beginning at Noon today until next Tuesday, March 3, 1992.
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.
Senator McCONNELL raised a Point of Order that the Bill was improperly placed on the Calendar in the status of Special Order inasmuch as the Bill had received a second reading with notice of general amendments on February 25, 1992, and should be reflected under the Third Reading Local Contested Bills.
The ACTING PRESIDENT sustained the Point of Order.
The following were introduced:
S. 1334 -- Senators Gilbert and Patterson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE RIGHT OF TRIAL BY JURY AND THE RIGHTS OF DEFENDANTS IN CRIMINAL CASES, AND TO SECTION 21, ARTICLE V, RELATING TO THE JUDGE'S CHARGE TO THE JURY IN A TRIAL BY JURY, SO AS TO PROVIDE THAT TRIAL JUDGES MUST INFORM JURORS OF THEIR RIGHT TO JUDGE BOTH THE LAW AND THE FACTS IN ALL CASES WHEREIN THE GOVERNMENT IS A PARTY.
Read the first time and referred to the Committee on Judiciary.
H. 4454 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE MARGARET D. JACKSON, CLARENDON COUNTY TREASURER, ON HER SELECTION AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF AUDITORS, TREASURERS AND TAX COLLECTORS, AND WISHING HER CONTINUED SUCCESS IN ALL OF HER ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4455 -- Rep. Baxley: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. RANDOLPH PEOPLES OF DARLINGTON COUNTY ON THE HAPPY OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4456 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. HERBERT HAYNES OF DORCHESTER COUNTY UPON THE UPCOMING CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4471 -- Reps. P. Harris, Carnell, McAbee, Klapman and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP 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.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4475 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE MARION AND DEE WHALEY OF RICHLAND COUNTY UPON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY AND TO WISH THEM MANY MORE HAPPY YEARS TOGETHER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4253 -- Reps. Rudnick, Byrd, Kirsh and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-13-15 SO AS TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO CONDUCT AN AUDIT, AT ANY TIME, OF ANY INSURER IN THIS STATE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1017 -- Senator Drummond: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MEET "AT ITS OFFICES IN COLUMBIA" AND PROVIDE INSTEAD THAT THE COMMISSION MEET AT PLACES AS THE COMMISSION DETERMINES; TO AMEND SECTION 7-17-70, RELATING TO COUNTY BOARDS OF CANVASSERS AND THE HEARING OF APPEALS BY THE BOARD OF STATE CANVASSERS UNDER THE ELECTION LAWS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD MEET "IN COLUMBIA" FOR THIS PURPOSE; AND TO AMEND SECTION 7-17-220, RELATING TO THE MEETING OF THE BOARD OF STATE CANVASSERS AFTER A GENERAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MEET "AT THE OFFICE OF THE ELECTION COMMISSION".
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, 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. 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.
Returned with concurrence.
Received as information.
On motion of Senator SALEEBY, at 11:50 A.M., Senator LOURIE was granted a leave of absence for today.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:
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.
(By Prior motion of Senator J. VERNE SMITH, with unanimous consent)
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.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
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.
Senator SETZLER explained the Bill.
H. 4111 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.
On motion of Senator PASSAILAIGUE, H. 4111 was ordered to receive a third reading on Thursday, February 27, 1992.
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.
On motion of Senator PASSAILAIGUE, H. 4136 was ordered to receive a third reading on Thursday, February 27, 1992.
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.
On motion of Senator PASSAILAIGUE, H. 4138 was ordered to receive a third reading on Thursday, February 27, 1992.
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.
On motion of Senator PASSAILAIGUE, H. 4141 was ordered to receive a third reading on Thursday, February 27, 1992.
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.
On motion of Senator LEVENTIS, S. 1332 was ordered to receive a third reading on Thursday, February 27, 1992.
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.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
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.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
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 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.
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 HELMLY, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (NO5\7609.AL) proposed by Senators LAND, SHEALY and MARTSCHINK and previously printed in the Journal of May 22, 1991.
On motion of Senator McCONNELL, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
Senator SETZLER moved that the Joint Resolution be made a Special Order.
The Joint Resolution was made a Special Order.
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.
Senator McCONNELL made a motion to request the return of the Bill from the House of Representatives.
Senator STILWELL made a Parliamentary Inquiry as to whether or not the motion to recall was a debatable motion and, further, that if it was debatable, what would be the status of the Bill when the matter was back before the Senate, if recalled.
The ACTING PRESIDENT took the matter under advisement.
Senator McCONNELL was recognized to speak briefly on the motion to recall.
The PRESIDENT assumed the Chair.
Senator STILWELL raised a Point of Order that the motion to recall was not timely and, therefore, out of order, and raised a further Point of Order that in the event the motion was timely, that under Rule 34 the motion to recall was a nondebatable motion.
Senator McCONNELL spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Courtney
Drummond Fielding Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Macaulay Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson
The Senate resumed.
The PRESIDENT overruled the Point of Order raised by Senator STILWELL that the motion to recall was not timely and sustained the Point of Order raised by Senator STILWELL that the motion to recall was a nondebatable motion.
Senator STILWELL moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Hinds Land
Stilwell
Courson Courtney Drummond
Fielding Gilbert Hayes, R.W.
Helmly Hinson Holland
Leatherman Macaulay Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Russell Saleeby Setzler
Shealy Smith, J.V. Thomas
Washington Williams Wilson
The Senate refused to adjourn.
Senator STILWELL, with unanimous consent, was granted leave to address the body with brief remarks.
Senator STILWELL moved to table the motion to recall.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Hinds
Land Mitchell Mullinax
Reese Saleeby Shealy
Stilwell
Courson Drummond Fielding
Gilbert Hayes, R.W. Helmly
Holland Leatherman Macaulay
Martschink Matthews McConnell
McGill Moore O'Dell
Passailaigue Patterson Peeler
Pope Russell Setzler
Smith, J.V. Smith, N.W. Thomas
Washington Williams Wilson
The Senate refused to table the motion to recall. The question then was the motion to recall S. 555 from the House of Representatives.
The House was requested to return the Bill.
H. 3439 -- Reps. Manly, Hallman, Sturkie, Rama, Smith, McKay, Wilder, Hodges, Phillips, J. Brown, McGinnis, M.O. Alexander, Scott, D. Williams, L. Elliott, Keyserling, Corning, Kempe, Beatty, Barber, L. Martin, Burriss, J. Harris, Koon, J.W. Johnson, Houck, Altman and Waldrop: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE FOR FREE BIG GAME PERMITS AND WILDLIFE MANAGEMENT AREA PERMITS.
On motion of Senator DRUMMOND, the Bill was recalled from the Committee on Fish, Game and Forestry.
On motion of Senator DRUMMOND, the Bill was referred to the Committee on Finance.
Senator SHEALY moved that the Senate dispense with the remainder of the Motion Period.
Senator McCONNELL moved to table the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Courtney Drummond
Gilbert Hayes, R.W. Hinson
Holland Leatherman Macaulay
Martschink McConnell McGill
Moore O'Dell Passailaigue
Patterson Peeler Pope
Reese Russell Saleeby
Setzler Smith, J.V. Smith, N.W.
Thomas Washington Williams
Wilson
Bryan Fielding Hinds
Land Mullinax Shealy
Stilwell
The motion to dispense with the remainder of the Motion Period was laid on the table.
S. 407 -- Senators Leatherman, Rose, McConnell, Pope and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.
Senator LEATHERMAN moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Courtney
Drummond Helmly Land
Leatherman Macaulay Martschink
McConnell McGill Passailaigue
Russell Setzler Thomas
Wilson
Hayes, R.W. Hinds Hinson
Holland Matthews Moore
Mullinax O'Dell Patterson
Peeler Pope Reese
Saleeby Shealy Smith, J.V.
Smith, N.W. Stilwell Washington
Williams
Fielding Mitchell
The Senate refused to make the Bill a Special Order.
S. 871 -- Senators Pope, Williams, Waddell, Setzler, Bryan and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN FIVE YEARS AFTER THE PUBLIC ENTITY SEEKING TO RECOVER HAS COMPLETED THE ABATEMENT WORK OR DISCOVERED THE IDENTITY OF THE MANUFACTURER OF THE MATERIALS, WHICHEVER IS LATER, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Senator POPE moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Fielding
Gilbert Land Leatherman
Macaulay Matthews Patterson
Pope Saleeby Setzler
Williams
Courson Hayes, R.W. Helmly
Hinds Hinson Holland
Martschink McConnell Mitchell
Moore Mullinax O'Dell
Passailaigue Peeler Reese
Russell Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Wilson
The Senate refused to make the Bill a Special Order.
On motion of Senator WILLIAMS, the Senate agreed to dispense with the remainder of 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 J. VERNE SMITH, the Bill was carried over.
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.
On motion of Senator BRYAN, the Bill was carried over.
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.
On motion of Senator BRYAN, the Bill was carried over.
H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.
On motion of Senator BRYAN, the Bill was carried over.
S. 996 -- Senators Fielding and Nell W. Smith: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.
On motion of Senator NELL W. SMITH, the Resolution was carried over.
S. 85 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-200 SO AS TO PROHIBIT THE SOLICITING OR CAMPAIGNING FOR VOTES WITHIN TWO HUNDRED FEET OF THE BUILDING IN WHICH A POLLING PLACE IS LOCATED AND PROVIDE FOR THE REMOVAL OF PERSONS VIOLATING THIS PROHIBITION.
On motion of Senator MARTSCHINK, the Bill was carried over.
At 12:21 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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