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 words recorded by St. Matthew (18:2-4):
"He called a little child and had him stand
among them... and He said, `I tell you the
truth, unless you change and become like little
children you will never enter the Kingdom of Heaven.
Therefore, whoever humbles himself like this child
is the greatest in the kingdom... '"
Let us pray.
Our Father, when our pride lifts us up... and we inflate ourselves... help us to remember Jesus and the child.
We thank You for all that we can learn from little children: that as we see them, happy and sad... good and bad... we may catch a glimpse of how You see us.
In this hushed moment... may we find You moving in upon the higher ranges of our minds, intruding upon our noblest thoughts, satisfying the hunger for the truth which sets us free in so many ways... and gives us strength for these hours.
Amen.
Senator MOORE made the point that a quorum was not present.
It was ascertained that a quorum was not present.
Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courtney
Drummond Fielding Giese
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Leatherman Leventis Lourie
Martin Martschink McConnell
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Setzler 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.
Columbia, S.C., March 31, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R323, H. 4546 by a vote of 1 to 0:
(R323) H. 4546 -- Rep. Wilkes: AN ACT TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.
Very respectfully,
Speaker of the House
(R323) H. 4546 -- Rep. Wilkes: AN ACT TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Cork
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 veto of the Governor was overridden.
At 11:30 A.M., on motion of Senator MARTSCHINK, Senator SHEALY was granted a leave of absence for today.
Columbia, S.C., March 31, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 31, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4623 -- Reps. Carnell, Harvin, Klapman, Tucker, Farr, McAbee, Snow and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE SOUTH CAROLINA HIGHWAY PATROL, AND OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES NOT TO STRICTLY ENFORCE FOR A PERIOD OF NINETY DAYS THE PROVISIONS OF THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT WHICH REQUIRE A PERSON DRIVING A COMMERCIAL MOTOR VEHICLE AFTER APRIL 2, 1992, TO HAVE A COMMERCIAL DRIVER'S LICENSE STIPULATED BY THAT ACT.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 1, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled:
S. 636 -- Senators Rose and Reese: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESENTATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, WATER RESOURCES COMMISSION, AND THE WILDLIFE AND MARINE RESOURCES COMMISSION.
Very respectfully,
Speaker of the House
Received as information
The following were introduced:
S. 1441 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF THE PRECINCTS IN THE CITY OF SPARTANBURG.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4629 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. CHARLES ALLEN EVANS OF ANDERSON COUNTY ON THE JOYFUL OCCASION OF THEIR FIFTY-EIGHTH WEDDING ANNIVERSARY AND WISHING THEM MANY MORE YEARS OF HAPPINESS TOGETHER.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4645 -- Reps. Rudnick, Rogers, Quinn, Smith, Sharpe, Altman, Waites, Stone, Jennings, J. Harris, Scott, Shissias, J. Brown, Corning, Foster, Taylor, Wilder and L. Martin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LLOYD HENDRICKS OF COLUMBIA, RETIRED EDUCATOR AND CIVIL SERVICE EMPLOYEE WITH THE UNITED STATES DISTRICT COURT, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4646 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING SHERIFF WILLIAM A. JOLLY OF UNION COUNTY UPON BEING CHOSEN "SHERIFF OF THE YEAR" FOR 1991 DURING THE SOUTH CAROLINA SHERIFFS' ASSOCIATION'S QUARTERLY MEETING, MARCH 19, 1992.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4647 -- Rep. Baxley: A CONCURRENT RESOLUTION CONGRATULATING AND SALUTING RUTH HINNANT CHANDLER OF DARLINGTON COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4655 -- Reps. Baxley, Neilson and Beasley: A CONCURRENT RESOLUTION TO COMMEND MR. MARION J. GOODSON, COURT CRIER AND CHIEF BAILIFF OF THE DARLINGTON COUNTY FOURTH CIRCUIT COURT, FOR HIS TRULY OUTSTANDING SERVICE IN THIS CAPACITY FOR ALMOST TWENTY-FIVE YEARS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4661 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION COMMENDING DR. R. BROOKS SCURRY AND DR. JOHN "JACK" SCURRY FOR THEIR OUTSTANDING DEVELOPMENT OF STONEY POINT GOLF CLUB IN GREENWOOD COUNTY -- A RECREATIONAL GEM FOR THE STATE OF SOUTH CAROLINA.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4310 -- Reps. Chamblee, Koon and Waldrop: A BILL TO AMEND SECTION 47-13-1350 AND 47-13-1370, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA SHOTS, SO AS TO CHANGE THE TIME REQUIRED FOR A NEGATIVE REACTION TO THIS SHOT FROM SIX TO TWELVE MONTHS BEFORE A HORSE MAY BE BROUGHT INTO THE STATE AND FOR HORSES BROUGHT INTO A PUBLIC ASSEMBLY OF HORSES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4325 -- Rep. Snow: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4410 -- Reps. Wilkins, Kirsh, Gonzales, Kempe, Harvin, Wells, Quinn, Smith, Rama and Keegan: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.
Read the first time and referred to the Committee on Judiciary.
Senator WILSON, from the Committee on Judiciary, submitted a favorable report on:
S. 552 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 1084 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.
Ordered for consideration tomorrow.
Senator MATTHEWS, from the Committee on Judiciary, submitted a favorable report on:
S. 1317 -- Senator Matthews: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
S. 1352 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-11-435, AND 6-11-455 AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.
Ordered for consideration tomorrow.
Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:
S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
Ordered for consideration tomorrow.
Senator STILWELL, from the Committee on Judiciary, submitted a favorable report on:
S. 1383 -- Senators Robert W. Hayes, Jr., Stilwell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
S. 1412 -- Senators Wilson, Thomas, Giese and Bryan: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE BUTTS.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Judiciary, submitted a favorable report on:
H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.
Ordered for consideration tomorrow.
Senator LOURIE, from the Committee on Judiciary, submitted a favorable with amendment report on:
H. 3777 -- Rep. Cromer: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, REVISE PENALTIES, AND REQUIRE A SURETY BOND AND LIABILITY INSURANCE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES IN ARTICLE 13.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable with amendment report on:
H. 4125 -- Reps. Wilkins and Harwell: A BILL TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT IN THE COURT OF APPEALS OR THE SUPREME COURT.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendment report on:
H. 4538 -- Reps. Wilkins, Fair, Mattos, Haskins, Cato, Manly, M.O. Alexander and Vaughn: A CONCURRENT RESOLUTION TO URGE THE VIDEO SOFTWARE DEALERS ASSOCIATION OF AMERICA AND ITS MEMBERS, AMONG OTHER THINGS, TO ADOPT AND STRENGTHEN MEMBERSHIP REQUIREMENTS AND OTHER PROCEDURES TO PREVENT MINORS FROM GAINING ACCESS TO CERTAIN MOTION PICTURES AND VIDEOTAPES, TO URGE THE GOVERNOR TO PROCLAIM A VIDEO AWARENESS WEEK, AND TO COMMEND THE JUNIOR LEAGUE OF GREENVILLE FOR ITS EFFORTS TO PROTECT MINORS FROM VIEWING CERTAIN MOTION PICTURES AND VIDEOTAPES.
Ordered for consideration tomorrow.
S. 788 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.
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. 1430 -- Senators Bryan and Stilwell: A CONCURRENT RESOLUTION COMMENDING HAROLD M. ROBERTSON OF COLLETON COUNTY FOR HIS MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE AS A MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (SANTEE COOPER) GOVERNING BOARD.
Returned with concurrence.
Received as information.
S. 1433 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE LOUISE D. HARBIN OF OCONEE COUNTY UPON HER RETIREMENT AFTER FORTY-EIGHT YEARS WITH THE OCONEE COUNTY OFFICE FOR THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO WISH HER WELL IN HER RETIREMENT.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
Senator GIESE made the point that a quorum was not present.
It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Holland Land Leatherman
Leventis Lourie Martin
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson
The Senate resumed.
H. 4479 -- Reps. Jennings, J. Harris, Baxley, Beasley, Kinon and K. Burch: 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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Resolution.
Senator GIESE argued contra to third reading.
Senator PATTERSON argued in favor of third reading.
The Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.
At Twelve o'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
H. 4076 -- Reps. Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, APRIL 1, 1992, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, APRIL 1, 1992, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES OR AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Easter Seal Representatives, their parents, and members of their party were escorted to the rostrum.
The PRESIDENT then recognized Rep. Wilder, Chairman, Joint Committee for the Disabled.
Senator GIESE read a message from the Honorable Carroll A. Campbell, Jr., Governor of South Carolina.
Rep. Wilder introduced the following members who, in turn, introduced the Easter Seal Ambassadors and guests:
Rep. Jean Harris and Senator CARMICHAEL introduced Rebecca Carolina Baker, daughter of Mr. and Mrs. Peter Baker of Chesterfield County;
Senator RUSSELL and Rep. Carol Wells introduced Scott Carter, son of Mr. and Mrs. James L. Carter of Spartanburg County;
Rep. Joe Brown and Senator PATTERSON introduced Shanika Livingston, daughter of Cynthia Livingston of Richland County;
Senator HINDS and Rep. Altman introduced Jason Lee Marozas, son of Mr. and Mrs. Marvin F. Marozas of Georgetown County;
Senator MARTSCHINK and Rep. Barber introduced Nathaniel Miranda, son of Mr. and Mrs. G. A. Miranda of Charleston County; and, Senator BRYAN and Rep. Stoddard introduced Magen Elizabeth Rice, daughter of Mr. and Mrs. Harold W. Rice of Laurens County.
Rep. Wilder also recognized the law enforcement personnel and the South Carolina Restaurant Association who have worked so hard to make the Buck-A-Cup Campaign such a success.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:34 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:10 P.M. and was called to order by the PRESIDENT.
On motion of the PRESIDENT Pro Tempore, with unanimous consent, Senator CORK was seated in a vacancy on the Committee on Corrections and Penology and was seated in a vacancy on the General Committee.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson
The Senate resumed.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 246 -- Senator Lourie: A BILL TO AMEND SECTION 35-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND INVESTMENT ADVISER REPRESENTATIVES, SO AS TO BROADEN AND CLARIFY THE CATEGORIES OF PERSONS NOT REQUIRED TO POST BOND.
S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILLFUL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to dispense with consideration of the uncontested local and statewide Calendar and agreed to proceed to a consideration of H. 3044 (General Appropriation Bill).
THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3044 (GENERAL APPROPRIATION BILL).
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator WILLIAMS spoke on the Bill.
Senator LEVENTIS spoke on the Bill.
Senator DRUMMOND spoke on the Bill.
Senator LAND spoke on the Bill.
Senator SETZLER spoke on the Bill.
At 4:20 P.M., Senator HOLLAND requested and was granted a leave of absence until 4:00 P.M. tomorrow.
Senator STILWELL spoke on the Bill.
Senator WASHINGTON spoke on the Bill.
Senator McCONNELL spoke on the Bill.
Senator WILLIAMS spoke on the Bill.
Senator J. VERNE SMITH proposed the following Amendment No. 2 (JIC\6370.HC), which was adopted:
Amend the report, as and if amended, in Section 3, Division IV, page 3044-20, by adding an appropriately numbered paragraph to read:
/45.___ The State Board of the Foster Care Review Board System is authorized to restructure its programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or changing the location of reviews of children in public foster care, to maintain continuous operations within existing resources as dictated by recent budget reductions. These decisions must be based upon the availability of existing funds. This provision supercedes any previous statutory or regulatory mandate./
Renumber sections to conform.
Amend totals and title to conform.
Senator J. VERNE SMITH argued in favor of the adoption of the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 3A (JIC\6397.HC), which was adopted:
Amend the report, as and if amended, in Division IV, Section 3, by adding an appropriately numbered paragraph to read:
/45.___ It is the intent of the General Assembly to ensure that placements of emotionally disturbed medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are appropriate and that the level of care provided each child is offered in the least restrictive environment appropriate to meet the child's treatment needs. The statutory powers and functions of the Foster Care Review Board are expanded to develop, implement, and manage a quality assurance review system under contract with the State Health and Human Services Finance Commission (SHHSFC). This paragraph supercedes any previous statutory or regulatory mandate./
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Senator J. VERNE SMITH argued in favor of the adoption of the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senators PASSAILAIGUE and ROSE proposed the following Amendment No. 4 (RES3044.04), which was adopted:
Amend the bill, as and if amended, SECTION 3 of division IV, page 3044-17, by adding after line 5, an appropriately numbered new proviso to read as follows:
/14. In making its recommendation to the Ways and Means Committee for fiscal year 93-94, the Budget and Control Board shall not incorporate or realize any revenue derived on the basis of any previous or future change in a method of accounting, as determined by the board, unless such change in a method of accounting is based on statutory authority specifically granted to the board or a statutory enactment changing the method of accounting./
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Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator NELL W. SMITH proposed the following Amendment No. 5 (JIC\6376.JM), which was adopted:
Amend the report, as and if amended, DIVISION IV (Amendments to Numbered Paragraphs), SECTION 2, page 3044-9, by inserting immediately after numbered paragraph 2A.1 and before numbered paragraph 13.5 the following:
/3.29 In addition to the funds appropriated in this section, the funds appropriated under Sections 3A, 3B, 3C, 3D, 3E, 3H, 3I, 3J24, and 3J29 for the prior fiscal year which are not expended during that fiscal year may be carried forward to be expended for the same purposes in the current fiscal year./
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Senator NELL W. SMITH argued in favor of the adoption of the amendment.
Senator NELL W. SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 7 (436\12327.DW), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered DIVISION to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-3-270, SO AS TO CREATE A STATE SPONSORED CREDIT CARD BY GIVING THE TAX COMMISSION THE AUTHORITY TO PARTICIPATE IN A FINANCIAL INSTITUTION CREDIT CARD PROGRAM FOR THE BENEFIT OF THE STATE.
Chapter 3, Title 12 of the 1976 Code is amended by adding:
"Section 12-3-270. (A) As used in this part, the following definitions apply:
(1) 'Financial institution' means a bank chartered under Title 34, Chapter 1 of the 1976 Code; a bank chartered under the National Banks Act in Title 12 of the United States Code; a savings and loan association chartered under Title 34, Chapter 28 of the 1976 Code; a savings and loan association chartered under the Home Owners' Loan Act in Title 12 of the United States Code; a credit union chartered under Title 34, Chapter 27 of the 1976 Code; or a credit union chartered under the Federal Credit Union Act in Title 12 of the United States Code.
(2) 'Financial institution credit card' means a credit card that entitles the holder to make open-account purchases up to an approved amount and is issued through the agency of a financial institution.
(3) 'Sponsoring entity' means an entity that solicits the use of a particular financial institution credit card bearing the entity's name in exchange for a fee from the credit card issuer.
(B) (1) The South Carolina Tax Commission is authorized to participate in a financial institution credit card program for the benefit of the State. Within one hundred eighty days of July 1, 1991, the commission shall contact each financial institution to determine if:
(a) the financial institution or its holding company or affiliate currently administers a credit card program;
(b) the credit card program provides a fee or commission on retail sales to the sponsoring entity for the issuance and use of the credit card; and
(c) the credit card program would accept the State as a sponsoring entity.
(2) If the commission determines that the State may be a sponsoring entity for a financial institution credit card, the commission shall negotiate the most favorable rate for the state's fee by a credit card issuer. The State may not offer a more favorable rate to any credit card issuer than that offered by the financial institution. The rate must be expressed as a percentage of the gross sales from the use of the credit card. The proceeds of the fee must be deposited in the general fund.
(C) The commission may adopt rules necessary to implement the credit card program."/
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Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
On motion of Senator PASSAILAIGUE, with unanimous consent, the amendment was withdrawn.
Senators PASSAILAIGUE and ROSE proposed the following Amendment No. 8 (436\12326.DW), which was adopted:
Amend the bill, as and if amended, Page 20, after Line 37 by adding an appropriately numbered SECTION to read:
/SECTION . Article 1, Chapter 9 of Title 11 is amended by adding:
"Section 11-9-140. A state agency may contract to sell commercial advertising space in locations such as its publications, buildings, facilities, and on its vehicles, in exchange for cash payment. All money received pursuant to a contract entered into under this section shall be deposited to the credit of the advertising contract fund, which is hereby created in the state treasury. Of the money credited to the fund, the state agency that contracted to sell the advertising space shall be given forty percent of the revenues generated from the selling of space and reimbursed for expenses incurred. The money not given to the agency of instrumentality shall be transferred to the general revenue fund.
An advertisement displayed in advertising space sold under this section shall meet the following restrictions:
(A) It shall not promote or oppose any political candidate, issue, or organization.
(B) It shall not be libelous and shall not promote alcohol or tobacco or any illegal product or service.
(C) It shall be tasteful and inoffensive.
(D) It shall not promote discrimination on the basis of the race, color, religion, national origin, handicap, age, or ancestry of any person.
(E) It shall comply with any controlling federal or state regulations or restrictions, and any applicable local zoning or outdoor graphics regulations.
(F) It shall clearly indicate the advertiser's identity and state that the advertiser is not the State or any state agency or instrumentality.
(G) It shall clearly indicate that the State does not endorse the product or service promoted by the advertisement and makes no representations about the accuracy of the advertisement or the quality or performance of the product or service promoted by the advertisement.
Contracts entered into under this section shall be awarded only by competitive bidding and to the highest bidder. Such a contract may be entered into only if there is a reasonable anticipation that the contract will produce a profit for the State or the contracting state agency or instrumentality. No state agency shall publish any document, construct any building or facility, or purchase any vehicle for the purpose of displaying advertisements if the publication, construction, or purchase is unnecessary to the ordinary conduct of its official duties. No state agency or instrumentality shall erect any freestanding outdoor billboard or sign pursuant to this section, except that the Department of Transportation may erect at each roadside rest area under its control not more than three freestanding outdoor signs, each having a surface area for advertising space not exceeding forty square feet.
No state agency shall artificially inflate expenses in connection with any contract entered into under this section.
No person has a cause of action against the State or any state agency because of the content of or any representation made in an advertisement authorized by a contract entered into under this section.
Upon the filing of a written objection by any individual that an advertisement placed pursuant to this section violates the restrictions on advertisements set forth, the board of the respective agency shall make a determination regarding the alleged violation. If the board determines that the advertisement violates the restrictions, it shall notify the state agency that sold the advertising space of the violation. The agency or instrumentality shall then take appropriate steps to promptly correct the violation.
Not later than the thirty-first day of January of each year, the board of each agency selling advertising space shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives describing the opportunities for and results of sales of commercial advertising space by state agencies."/
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Senators PASSAILAIGUE and LOURIE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courtney Drummond
Hayes, R.W. Helmly Hinds
Leatherman Leventis Moore
Mullinax O'Dell Peeler
Setzler Smith, J.V. Smith, N.W.
Stilwell
Bryan Carmichael *Courson
Fielding Giese Gilbert
Land Lourie Martschink
Matthews McConnell McGill
Mitchell Passailaigue Patterson
Pope Reese Rose
Russell Saleeby *Shealy
Thomas Washington Williams
Wilson
*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.
Senator DRUMMOND proposed the following Amendment No. 9 (FIN3044.001), which was adopted:
Amend the bill, as and if amended, Division I, page 3044-2, by adding an appropriately numbered section to read:
/SECTION . Notwithstanding the provisions of Section 12-21-380, for fiscal year 1987-88, fiscal year 1988-89, fiscal year 1989-90, and fiscal year 1990-91, 10/55 of the amount collected by the commission pursuant to that section must be paid to the Heritage Land Trust Fund./
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Senator DRUMMOND argued in favor of the adoption of the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 10 (N05\8297.BD), which was tabled:
Amend the bill, as and if amended, SECTION 3, DIVISION IV, page 19, after line 24, by inserting:
/29.9. No funds appropriated for South Carolina Educational Television may be expended directly or indirectly on weekly television series that repeatedly focus on certain subjects which include, but are not limited to, astrology, transcendental meditation, and eastern metaphysics. This paragraph does not apply to documentaries./
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Senator THOMAS argued in favor of the adoption of the amendment.
Senator PATTERSON raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator THOMAS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator THOMAS continued speaking in favor of the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Cork
Courtney Drummond Fielding
Gilbert Hinds Hinson
Land Leventis Lourie
Martschink Matthews McConnell
McGill Mitchell Mullinax
O'Dell Passailaigue Patterson
Pope Reese Rose
Saleeby Setzler *Shealy
Smith, N.W. Washington Williams
Courson Giese Hayes, R.W.
Helmly Leatherman Moore
Peeler Russell Smith, J.V.
Stilwell Thomas Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
I voted against the amendment because its use of the phrase "certain subjects which include, but are not limited to," is unconstitutionally vague.
Senator LAND proposed the following Amendment No. 41 (BBM\9908.JM), which was carried over:
Amend the bill, as and if amended, by adding an appropriately numbered DIVISION to read:
TO AMEND SECTION 12-7-437, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LONG TERM CAPITAL GAINS DEDUCTIONS, SO AS TO REVISE THE TAXABLE YEARS TO WHICH CERTAIN OF THESE DEDUCTIONS APPLY.
Section 12-7-437 of the 1976 Code is amended to read:
"Section 12-7-437. (A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts equal to the following amounts of net long term capital gain recognized during the below-referenced taxable years: (1) fourteen percent for taxable years beginning in 1990; (2) twenty-nine percent for taxable years beginning in 1991 and 1992; (3) forty-four percent for taxable years beginning after 1991 1992.
(B) For purposes of this section, net long term capital gain is as defined in the Internal Revenue Code of 1986, as amended through December 31, 1988, except that the required holding period is two or more years.
(C) The commission may promulgate regulations necessary to implement the provisions of this section."/
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Senator LAND explained the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Article III, Section 15 of the S.C. Constitution.
The PRESIDENT overruled the Point of Order.
Senator ROSE raised a Point of Order that the amendment was out of order inasmuch as it was contrary to statutory law.
The PRESIDENT overruled the Point of Order.
Senator LAND argued in favor of the adoption of the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 12-7-437 of the S.C. Code of Laws, 1976, as amended.
Senator BRYAN spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator WILSON argued contra to the adoption of the amendment.
Senator WILSON moved to lay the amendment on the table.
Senator ROSE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
On motion of Senator LAND, with unanimous consent, the amendment was carried over.
Senator LAND proposed the following Amendment No. 36 (BBM\9912.JM), which was adopted:
Amend the bill, as and if amended, Page 20, after Line 37 by adding an appropriately numbered SECTION to read:
/SECTION . (A) The 1976 Code is amended by adding:
"Section 12-21-3610. The sales and use tax imposed pursuant to Chapter 36 of Title 12 applies on gross proceeds from the game of bingo as provided in this chapter, but this section does not apply to bingo games held under a CLASS E license."
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Senator LAND argued in favor of the adoption of the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as the amendment was a revenue raising matter and the Bill was not a revenue raising Bill.
The PRESIDENT overruled the Point of Order.
Senator ROSE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator LAND continued arguing in favor of the adoption of the amendment.
Senator LAND moved that the amendment be adopted.
Senator DRUMMOND argued contra to the adoption of the amendment.
Senator LOURIE, with unanimous consent, was granted leave to argue in favor of the adoption of the amendment.
Senator DRUMMOND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Carmichael Cork Courson
Courtney Drummond Giese
Leatherman Martschink McConnell
Peeler Rose Setzler
Smith, J.V. Smith, N.W. Stilwell
Bryan Fielding Gilbert
Hayes, R.W. Helmly Hinds
Hinson Land Lourie
Matthews McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Pope
Reese Russell Saleeby
Thomas Washington Williams
Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator STILWELL desired to be recorded as voting against the adoption of the amendment.
Senator LAND proposed the following Amendment No. 38 (BBM\9910.JM), which was ruled out order:
Amend the bill, as and if amended, by adding an appropriately numbered DIVISION to read:
TO AMEND SECTION 12-36-2120 OF THE 1976 CODE, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION ALLOWED FOR LONG DISTANCE TOLL CHARGES AND CARRIER ACCESS CHARGES AND CUSTOMER ACCESS LINES ON BUSINESS TELEPHONES.
A. Section 12-36-2120(11) of the 1976 Code is amended to read:
"(11)(a) toll charges for the transmission of voice or messages between telephone exchanges;
(b) charges for telegraph messages; and
(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;.
The exemptions allowed pursuant to subitems (a) and (c) of this section do not extend to business telephones;"
B. This section takes effect July 1, 1992./
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Senator LAND argued in favor of the adoption of the amendment.
Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act." Senator LOURIE spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator LAND proposed the following Amendment No. 40 (BBM\9907.JM), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered DIVISION to read:
TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO INCREASE SUCH MAXIMUM TAX.
Section 12-36-2110 of the 1976 Code is amended to read:
"Section 12-36-2110. (A) The maximum tax imposed by this chapter is three hundred dollars four percent of the first six thousand dollars and five percent on the excess over six thousand dollars of the gross proceeds for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each: (1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft; (2) motor vehicle; (3) motorcycle; (4) boat; (5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710; (6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or (7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower. In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
(B) For the sale of a mobile home, as defined in Section 31-17-20, the tax is calculated as follows: (1) subtract trade-in allowance from the sales price; (2) multiply the result from (1) by sixty-five percent; (3) If the result from (2) is no greater than six thousand dollars, multiply by five four percent. This is the amount of the tax due. (4) If the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars four percent of the first six thousand dollars plus one five percent of the amount greater than six thousand dollars.
(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three hundred dollars four percent of the first six thousand dollars and five percent on the excess over six thousand dollars of the gross proceeds. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller.
(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars four percent of the first six thousand dollars and five percent on the excess over six thousand dollars of the gross proceeds. As used in this subsection, `machinery for research and development' means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."/
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Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act." Senator LOURIE spoke on the Point of Order.
Senator MATTHEWS spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator ROSE spoke on the Point of Order.
Senator MULLINAX spoke on the Point of Order.
Senator MITCHELL spoke on the Point of Order.
Senator GIESE spoke on the Point of Order.
Senator MULLINAX raised a Point of Order that the Point of Order raised by Senator McCONNELL came too late.
The PRESIDENT overruled the Point of Order raised by Senator McCONNELL.
Senator LAND argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.
On motion of Senator LAND, with unanimous consent, the amendment was withdrawn.
Senator LAND proposed the following Amendment No. 32 (BBM\9916.JM), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered DIVISION to read:
TO AMEND SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF SALES AND USE TAX, SO AS TO REDUCE FROM TEN THOUSAND DOLLARS TO ONE THOUSAND DOLLARS THE TOTAL AMOUNT OF THE DISCOUNT PERMITTED A TAXPAYER IN ANY ONE STATE FISCAL YEAR.
A. The last paragraph of Section 12-36-2610 of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the commission. The discount permitted a taxpayer under this section may not exceed ten one thousand dollars during any one state fiscal year."
B. This section takes effect July 1, 1992./
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Senator LAND argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.
Senator LAND argued in favor of the adoption of the amendment and Senators PASSAILAIGUE, DRUMMOND and ROSE argued contra.
Senator PASSAILAIGUE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Cork
Courson Courtney Drummond
Giese Gilbert Hayes, R.W.
Helmly Hinson Leventis
Martschink McConnell Moore
Passailaigue Peeler Rose
Russell Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Williams Wilson
Fielding Hinds Land
Lourie Matthews McGill
Mitchell Mullinax O'Dell
Patterson Pope Reese
Saleeby Washington
The amendment was laid on the table.
Senator LAND proposed the following Amendment No. 39 (BBM\9909.JM), which was carried over:
Amend the bill, as and if amended, Page 20, after Line 37 by adding an appropriately numbered SECTION to read:
/SECTION . (A) Section 38-7-20 of the 1976 Code is amended to read:
"Section 38-7-20. In addition to all license fees and taxes otherwise provided by law, there is levied upon each insurance company licensed by the Commissioner an insurance premium tax based upon total premiums, other than workers' compensation insurance premiums, and annuity considerations, collected by the company in the State during each calendar year ending on the thirty-first day of December. For life insurance, the insurance premium tax levied herein is equal to three-fourths of one two and one-quarter percent of the total premiums collected. For all other types of insurance, the insurance premium tax levied herein is equal to one and one-fourth two and one-quarter percent of the total premiums collected. In computing total premiums, return premiums on risks and dividends paid or credited to policyholders are excluded.
The insurance premium taxes collected by the Commissioner pursuant to this section must be deposited by him in the general fund of the State."
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Senator LAND argued in favor of the adoption of the amendment.
Senator ROSE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator LOURIE spoke on the Point of Order.
Senator BRYAN spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator ROSE spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order.
Senator SALEEBY spoke on the amendment.
The PRESIDENT took the matter under advisement.
Senator LAND proposed the following Amendment No. 34 (BBM\9914.JM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered DIVISION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-725 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF, PLEADING GUILTY OR NOLO CONTENDERE TO, OR POSTING BOND FOR A TRAFFIC VIOLATION FOR WHICH POINTS ARE ASSESSED PURSUANT TO SECTION 56-1-720 MUST PAY AN ADDITIONAL ASSESSMENT OF FIVE DOLLARS NO PORTION OF WHICH MAY BE SUSPENDED AND TO PROVIDE FOR THE USE OF THE REVENUE GENERATED BY THIS PROVISION INCLUDING THE MANNER IN WHICH SUCH REVENUE SHALL BE EXPENDED FOR FISCAL YEAR 1992-93.
A. The 1976 Code is amended by adding:
"Section 56-1-725. A person convicted of, pleading guilty or nolo contendere to, or posting bond for a traffic violation for which points are assessed pursuant to Section 56-1-720 must pay an additional assessment of five dollars no portion of which may be suspended. This assessment is not considered part of any fine imposed for the offense."
B. The revenue generated by the provisions of Section 56-1-725 must be deposited in the general fund of the State and used in the manner the General Assembly shall provide, except that for fiscal year 1992-93 such revenue or so much thereof as may be necessary shall be used to fund the increase in state support for circuit solicitors above that provided for fiscal year 1991-92 as contained in the 1992-93 General Appropriations Act./
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Senator LAND argued in favor of the adoption of the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator STILWELL desired to be recorded as voting against the adoption of the amendment.
Senators WILLIAMS, SALEEBY and MULLINAX proposed the following Amendment No. 18B (RES3044.73), which was adopted:
Amend the bill, as and if amended, in Section 1 of Division III, page 4, line 16 by striking "(537,562)" and inserting "2,009,665".
Amend the bill further, as and if amended, in Section 1 of Division III, page 4, line 32, by striking "(278,007)" and inserting "948,963".
Amend the bill further, as and if amended, in Section 1, Division III, page 8, line 39, by striking "14,010,091" and inserting "14,703,744".
Amend the bill further, as and if amended, Division IV, after line 30, page 9, by adding the following:
"10A.3 The amount appropriated in this section for Judicial Circuits State Support shall be apportioned among the circuits on a per-capita basis at the rate of $1.15 per person and based on the official census of 1990."
Amend the bill further, as and if amended, Division IV, page 20, after line 18, by inserting the following:
"122. Of the increase in funds provided under Section 122, in Section 1 of Division III of this Act, $693,653 shall be used to increase the allotment for Aid to Counties Defense of Indigents."
Amend the bill further, as and if amended, Division IV, page 20, after line 37, by adding an appropriately numbered section to read as follows:
/SECTION . (A) Chapter 1 of Title 56 is amended by adding the following:
"Section 56-1-725. Any person convicted of, pleading guilty or nolo contendere to, or posting bond for a traffic violation for which points are assessed pursuant to Section 56-1-720 must pay an additional assessment of five dollars no portion of which may be suspended. This assessment is not considered part of any fine imposed for the offense. The proceeds of the assessment herein provided must be deposited to the credit of the general fund of the state."
(B) This section takes effect upon approval by the Governor./
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Senator WILLIAMS argued in favor of the adoption of the amendment.
Senator GILBERT moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Giese Gilbert
Helmly Hinson Land
Leventis Martschink McConnell
Moore Passailaigue Patterson
Peeler Rose Setzler
Smith, J.V. Smith, N.W. Stilwell
Washington
Bryan Carmichael Cork
Courson Courtney Fielding
Hayes, R.W. Hinds Lourie
Matthews McGill Mullinax
Pope Reese Russell
Saleeby Thomas Williams
Wilson
The PRESIDENT voted "no".
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator DRUMMOND argued contra to the adoption of the amendment.
Senator WILLIAMS argued in favor of the adoption of the amendment.
Senator MOORE asked unanimous consent to make a motion that the Senate stand adjourned.
Senator SETZLER objected.
Senator WILLIAMS moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Cork
Courson Giese Hinds
Hinson Lourie Martschink
McConnell Moore Mullinax
Peeler Pope Russell
Saleeby Thomas Williams
Courtney Drummond Fielding
Gilbert Hayes, R.W. Helmly
Land Leventis Matthews
McGill Mitchell Passailaigue
Reese Rose Setzler
Smith, J.V. Smith, N.W. Stilwell
Washington Wilson
The Senate refused to adjourn.
Senator FIELDING moved to lay the amendment on the table.
A roll call vote was ordered.
Senator LOURIE asked unanimous consent to make a motion to carry over Amendment No. 18B.
Senator SETZLER objected.
Senator MULLINAX, with unanimous consent, was granted leave to address the body with brief remarks.
Senator WILLIAMS, with unanimous consent, was granted leave to address the body with brief remarks.
Senator FIELDING, with unanimous consent, was granted leave to address the body with brief remarks.
Senator LOURIE, with unanimous consent, was granted leave to address the body with brief remarks.
Senator MITCHELL, with unanimous consent, was granted leave to address the body with brief remarks.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Fielding Gilbert
Helmly Land Leventis
Martschink McConnell Moore
Passailaigue Patterson Peeler
Rose Setzler Smith, J.V.
Smith, N.W. Stilwell Washington
Bryan Carmichael Cork
Courson Courtney Giese
Hayes, R.W. Hinds Lourie
McGill Mitchell Mullinax
Pope Reese Russell
Saleeby Thomas Williams
Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
I voted to table Amendment Number 18B because it has not yet been determined that there will be sufficient money to restore the previous Education Finance Act and teacher fringe benefits cuts to purchase needed school buses and textbooks and to provide even modest teacher pay increases mandated by law. I wholeheartedly support the Judiciary but education is my priority.
Senator MOORE moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Cork
Courson Courtney Hinds
Hinson Lourie Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
Passailaigue Patterson Peeler
Pope Rose Russell
Saleeby Thomas Washington
Williams
Drummond Fielding Giese
Gilbert Hayes, R.W. Helmly
Leventis Reese Setzler
Smith, N.W. Stilwell Wilson
Debate was interrupted by adjournment.
MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect for Janie L. Williams.
At 8:35 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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Tuesday, June 30, 2009 at 8:55 A.M.