Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Paul to the believers in Rome (Romans 12:1 Today's English Version of the New Testament):
"So then, my brothers (and sisters), because of
God's great mercy to us, I make this appeal
to you: Offer yourselves as a living sacrifice
to God, dedicated to His service and pleasing
to Him. This is the true worship that you
should offer..."
Let us pray.
Lift up, O Lord, the spirits of Thy servant Gwyn Bynoe and her family as they struggle with the trauma of the death of her daughter, 26 year old Dana.
O Lord, we are aware of the difficult climate of an exacting world. Sometimes we hear voices of an easy religion, but You and St. Paul put believing in terms of cross-bearing and sacrifice.
Guide our leaders at every level of government and public trust. Lead them in the straight, the narrow, and the tough road.
We are grateful for those who are willing, in spite of the risks to character and reputation, to serve in positions of public trust.
May we see, beneath the threatening clouds that surround us... at home and abroad... our golden opportunity for solid service... in the Name of the God of Isaiah, Jeremiah... and St. Paul.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 1390
Promulgated By Environmental Certification Board
Biological Wastewater Treatment Plant Operators, Physical/Chemical Wastewater Treatment Plant Operators and Water Treatment Plant Operators
Received By Lt. Governor June 4, 1991
Referred to Senate Committee on Medical Affairs
Withdrawn and Resubmitted February 26, 1992
Revised expiration date May 10, 1992
Senator STILWELL introduced Dr. John Evans of Greenville, South Carolina, Doctor of the Day.
The leaves of absence granted to Senators GIESE and ROSE for today were rescinded.
Senator STILWELL made the point that a quorum was not present.
It was ascertained that a quorum was not present.
Senator STILWELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Hinds Hinson Holland
Land Leatherman Leventis
Lourie Macaulay Martschink
Matthews McConnell McGill
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 Senate resumed.
Columbia, S.C., February 27, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has refused to return:
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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 27, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 27, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4308 -- Reps. L. Elliott and Harwell: A BILL TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator LOURIE, with unanimous consent, the Privilege of the Floor was extended to Mrs. Marshall B. Williams. Senator LOURIE presented the Biographical History of the House of Representatives, Volume 5, to Senator and Mrs. Williams.
S. 1252 -- Senators Saleeby, Gilbert, Leatherman, McGill, Carmichael and Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 13, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, SO AS TO CREATE THE PEE DEE VALLEY AUTHORITY, AND TO DEFINE ITS MEMBERSHIP, POWERS, AND DUTIES.
On motion of Senator SALEEBY, with unanimous consent, the Bill was recalled from the Committee on Judiciary.
On motion of Senator SALEEBY, the Bill was committed to the Committee on Finance.
S. 1270 -- Senator Drummond: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the Committee on Fish, Game and Forestry.
On motion of Senator HOLLAND, the Bill was committed to the Committee on Finance.
The following were introduced:
S. 1335 -- Senators Williams and Holland: A CONCURRENT RESOLUTION TO RECOMMEND THAT FOR 1992 ONLY, THE FILING AND PRIMARY DATES FOR LOCAL OFFICES BE CHANGED OR SUITABLY DELAYED TO REFLECT THE DATES OF DELAYS ORDERED BY A COURT OF COMPETENT JURISDICTION WHICH HAVE BEEN CHANGED BY THE COURT FOR ELECTION OF MEMBERS OF THE SENATE, HOUSE OF REPRESENTATIVES, AND UNITED STATES CONGRESS.
Whereas, Burton v. Sheheen, the lawsuit concerning reapportionment of South Carolina's Senate, House of Representatives, and congressional districts, is pending in the United States District Court for the District of South Carolina before a three-judge panel;
Whereas, the judges presiding in Burton v. Sheheen have jurisdiction only over the filing dates and primary dates for elections held in 1992 for election of members to the State Senate, House, and South Carolina's representatives to the United States Congress;
Whereas, the judges have indicated the need to change the filing dates or primary dates, or both, for those elections in order to provide necessary time to adequately inform citizens of the changes in the districts in which they will be voting; and
Whereas, local government offices, including, but not limited to, counties and municipalities will likewise need dates changed in order to avoid the need for two filing dates or two primary dates, or both, which could result in voter confusion. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recommend if a court of competent jurisdiction changes the filing dates or primary dates, or both, for elections held in 1992 for election of members of the Senate, House of Representatives, and United States Congress, the filing dates or primary dates, or both, for all local offices including, but not limited to, county and municipal offices, are deemed changed or suitably delayed to reflect the dates or delays ordered by the court, mutatis mutandis.
Senator HOLLAND spoke on the Concurrent Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1336 -- Senator Pope: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 19, 1992, AND SATURDAY, JUNE 20, 1992, FOR ITS ANNUAL LEGISLATIVE DAY ACTIVITY.
Be it resolved by the Senate, the House of Representatives concurring:
That the Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Friday, June 19, 1992, from 1:00 p.m. to 4:30 p.m., and on Saturday, June 20, 1992, from 9:00 a.m. to 11:30 a.m. for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.
Referred to the Committee on Invitations.
S. 1337 -- Senator Stilwell: A BILL TO AMEND SECTION 8-13-775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE FROM HAVING AN ECONOMIC INTEREST IN A CONTRACT WITH THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE PERSON IS AUTHORIZED TO PERFORM AN OFFICIAL FUNCTION RELATING TO THE CONTRACT, SO AS TO MAKE THE SECTION APPLICABLE TO A PERSON WHO PERFORMS THE OFFICIAL FUNCTION RATHER THAN TO ONE WHO IS AUTHORIZED TO PERFORM THE FUNCTION.
Read the first time and referred to the Committee on Judiciary.
S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.
Read the first time and referred to the Committee on Judiciary.
S. 1339 -- Senator Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1530 SO AS TO PROVIDE THAT, WHEN AN ACTION HAS BEEN COMMENCED IN FAMILY COURT IN WHICH CHILD CUSTODY IS IN ISSUE, THE PARENT WHO HAS PHYSICAL CONTROL OF THE CHILD WHEN THE ACTION WAS COMMENCED HAS CUSTODY OF THE CHILD PENDING A COURT ORDER.
Read the first time and referred to the Committee on Judiciary.
S. 1340 -- Senators Drummond and Leatherman: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND AN ENGINEER-IN-TRAINING, SO AS TO PROVIDE REQUIREMENTS FOR APPLICANTS EDUCATED OUTSIDE THE UNITED STATES AND PROVIDE MINIMUM REGISTRATION QUALIFICATIONS; AND TO AMEND SECTION 40-22-460, RELATING TO EXEMPTIONS FROM REGISTRATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO REVISE THE EXEMPTION FOR CERTAIN FEDERAL EMPLOYEES.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1341 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.
Read the first time and referred to the Committee on Medical Affairs.
S. 1342 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO STATE FALCONRY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1456, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1343 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Senator LEATHERMAN spoke on the Bill.
Read the first time and on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.
S. 1344 -- Senators Setzler, Drummond, Land, Leventis, J. Verne Smith, Giese and Courson: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
Senator SETZLER spoke on the Bill.
Read the first time and ordered placed on the Calendar without reference.
S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE THAT WHEN SALES AND USE TAX EXEMPTIONS ARE HELD TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT THAT THE SOUTH CAROLINA TAX COMMISSION MAY ONLY APPLY APPLICABLE TAXES PROSPECTIVELY.
Senator PASSAILAIGUE spoke on the Joint Resolution.
Read the first time and on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.
S. 1346 -- Senators Williams and Holland: A JOINT RESOLUTION TO CHANGE OR SUITABLY DELAY, FOR 1992 ONLY, THE FILING DATES AND PRIMARY DATES FOR ALL LOCAL OFFICES TO REFLECT THE DATES OR DELAYS ORDERED BY A COURT OF COMPETENT JURISDICTION WHICH HAVE BEEN CHANGED BY THE COURT FOR ELECTION OF MEMBERS OF THE SENATE, HOUSE OF REPRESENTATIVES, AND UNITED STATES CONGRESS.
Senator HOLLAND spoke on the Joint Resolution.
Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator HOLLAND, S. 1346 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1347 -- Senator O'Dell: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4476 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JIM SMITH OF ANDERSON UPON BEING NAMED THE ANDERSON AREA CHAMBER OF COMMERCE'S 1991 SMALL BUSINESS PERSON OF THE YEAR.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4481 -- Reps. Altman, Anderson, K. Burch, Byrd, Fair, Farr, Glover, Jaskwhich, J.C. Johnson, Keegan, Kennedy, Marchbanks, Phillips, Stoddard, Townsend, D. Williams and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. FRANK H. STOLL OF CHARLESTON UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4140 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.
Read the first time and referred to the Committee on Transportation.
H. 4385 -- Reps. Fair, Vaughn, Cato and Clyborne: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE CANDIDATE RECEIVING THE MAJORITY OF VOTES RATHER THAN THE HIGHEST NUMBER IS ELECTED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 759 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF DEER AND DEER PARTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, TRADE, OR BARTER BIRDS PROTECTED BY STATE LAW, GAME FISH, AND ANIMALS, EXCEPT FURBEARERS, AND TO REVISE PENALTIES.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 764 -- Senator Drummond: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 786 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-530 SO AS TO PROHIBIT THE PURCHASE, BARTER, TRADE, AND SALE OF CERTAIN SPECIES OF BILLFISH AND PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 899 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from the Electric Cooperatives of South Carolina to attend a dinner at the Sheraton Hotel on Tuesday, March 3, 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 S.C. Chapter of the National Association of Social Workers to attend a reception at the Marriott Hotel on Wednesday, March 4, 1992, from 6:00-8:00 P.M.
The invitation was accepted.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 4111 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
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.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
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.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
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.
(By prior motion of Senator PASSAILAIGUE, with unanimous consent)
The following Bill and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:
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.
(By prior motion of Senator LEVENTIS)
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.
The following Bill having been read the second time was passed and ordered to a third reading:
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.
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.
The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the amendment proposed by the Committee on Rules.
The amendment proposed by the Committee on Rules (Rules.001) was adopted as follows:
Amend the resolution, as and if amended, by striking after the resolving clause and inserting:
/That Rule 6 of the Rules of the Senate is amended to read:
Every Senator, when speaking, shall address the President, standing in his place and when he has finished shall take his seat. Senators when addressing the Senate may stand at their desk or may go to the podium in the center aisle.
Except as otherwise provided in the Rules of the Senate, no Senator may interrupt the Senator who has been granted the floor without his consent. To obtain consent, he shall first address the President. If a member wishes to present a question to the Senator who has been granted the floor, he shall address the President and gain recognition. Once recognized, he shall ask the President, `Does the Senator yield for a question?'. The President shall inquire of the member granted the floor `Does the Senator yield?'. If the Senator who holds the floor agrees to yield, the President shall so instruct the Senator who wishes to present the question."/
Amend further, by striking the title and inserting a new title to read as follows:
TO AMEND RULE 6 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, SO AS TO PROVIDE THE MANNER IN WHICH A MEMBER MAY INTERRUPT A SENATOR DURING DEBATE AND TO REQUIRE A MEMBER TO ADDRESS THE PRESIDENT AND GAIN RECOGNITION PRIOR TO INTERRUPTING DEBATE OR PRESENTING A QUESTION.
Amend title to conform.
Senator STILWELL explained the Resolution.
There being no further amendments, the Senate Resolution was adopted.
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.
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 Williams, 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.
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.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator GIESE argued contra to the second reading of the Bill.
Senator LEATHERMAN asked unanimous consent, with Senator GIESE retaining the floor, to make a motion that the Senate stand adjourned, and, further, that the Bill be placed in the status of Adjourned Debate.
Senator GILBERT objected.
Senator GIESE continued arguing contra to the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned to meet on Friday, February 28, 1992, and Monday, March 2, 1992, at 11:00 A.M., for local and uncontested matters, and that when the Senate adjourned on Monday, March 2, 1992, that it stand adjourned to reconvene on Tuesday, March 3, 1992, at 12:00 Noon; and further, that H. 4005 be placed in the status of Adjourned Debate, Senator GIESE retaining the floor.
Debate was interrupted by adjournment.
MOTION ADOPTED
On motion of Senator PATTERSON, with unanimous consent, the Senate stood adjourned out of respect for Dana Bynoe, beloved daughter of Gwen Bynoe.
At 1:05 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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