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 in the Gospel of St. John, Chapter 13(v.17):
"If you know these things happy are you
if you do them."
Let us pray.
Good Lord, kind Lord, we thank You for the revelation that happiness and peace of mind come not from knowledge in itself... but from knowledge plus the action of obedience!
Grant that we do not let our knowledge of the truth lie, as Coleridge once said,
"Bedridden in the dormitory of the soul."
Help us not to take our blessings for granted... but help us, as St. Paul said long ago:
"Be doers of the word and not
hearers only."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., April 2, 1992
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Senator SETZLER asked unanimous consent to make a motion that the Senate vary the order of the day and proceed to a consideration of H. 3044 (General Appropriation Bill).
Senator SALEEBY objected.
Senator SETZLER objected to consideration of any Bill on the statewide uncontested Calendar.
At 11:00 A.M., on motion of Senator MARTSCHINK, Senator SHEALY was granted a leave of absence for today.
The following were introduced:
S. 1442 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MS. LIZZIE LOW (JACKSON) BELL OF AIKEN AS HER COMMUNITY HONORS HER ON LIZZIE BELL DAY, SUNDAY, APRIL 5, 1992.
The Senate Resolution was adopted.
S. 1443 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House at 12:00 noon on Wednesday, April 29, 1992, to elect a successor to The Honorable A. Lee Chandler, Associate Justice of the Supreme Court whose term expires July 31, 1992; to elect successors to The Honorable Charles W. Whetstone, Jr., Circuit Judge from the First Judicial Circuit; The Honorable Rodney A. Peeples, Circuit Judge from the Second Judicial Circuit; The Honorable Paul M. Burch, Circuit Judge from the Fourth Judicial Circuit; The Honorable Don S. Rushing, Circuit Judge from the Sixth Judicial Circuit; The Honorable Thomas L. Hughston, Jr., Circuit Judge from the Eighth Judicial Circuit; The Honorable Sidney Thomas Floyd, Circuit Judge from the Fifteenth Judicial Circuit; and The Honorable John C. Hayes, III, Circuit Judge from the Sixteenth Judicial Circuit, all whose terms expire June 30, 1992.
Referred to the Committee on Invitations.
S. 1444 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR PROSTATE CANCER EXAMINATIONS, SCREENING, AND LABORATORY WORK FOR DIAGNOSTIC PURPOSES IN ALL HEALTH AND ACCIDENT OR HEALTH INSURANCE POLICIES ISSUED AFTER DECEMBER 31, 1992.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1445 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NPDES PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1423, 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. 1446 -- Senators Lourie, Courson, Matthews, Washington, Passailaigue and Hinds: A BILL TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS TWENTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; TO REDESIGNATE SECTION 31-13-160 AS 31-13-10; AND TO DESIGNATE SECTIONS 31-13-170 THROUGH 31-13-340 AS ARTICLE 3, CHAPTER 13, TITLE 31.
Senator WASHINGTON spoke on the Bill.
Read the first time and referred to the Committee on Finance.
H. 4657 -- Reps. Barber and Clyborne: A CONCURRENT RESOLUTION TO RECOGNIZE CIVITAN INTERNATIONAL AND THE MANY CIVITAN CLUBS IN SOUTH CAROLINA AND THROUGHOUT THE UNITED STATES FOR THEIR CONTRIBUTIONS TO OTHERS AND TO DESIGNATE THE WEEK OF APRIL 12-18, 1992, AS "CIVITAN AWARENESS WEEK".
Whereas, the members of the General Assembly continue to appreciate the fine work by Civitan International and the many Civitan clubs throughout South Carolina and the nation; and
Whereas, the first Civitan Club was organized March 17, 1917, and Civitan International was founded April 15, 1920, in Birmingham, Alabama; and
Whereas, the South Carolina District of Civitan International was formed on May 26, 1947; and
Whereas, the fifty thousand men, women, and teenagers in one thousand six hundred Civitan clubs worldwide work together to make their communities better places in which to live and work; and
Whereas, Civitan stresses the principles of good citizenship and challenges every citizen to think of citizenship as both a privilege and a responsibility; and
Whereas, Civitan is recognized for its support of adult and youth leadership development programs, community enhancement projects, scholarship grants, and public education programs; and
Whereas, Civitan has a long history of financial support and volunteer help for the physically handicapped and mentally retarded; and
Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate this outstanding organization for all that it has done to better the lives of those in need. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby recognize Civitan International and the many Civitan clubs in South Carolina and throughout the United States for their contributions to others and to designate the week of April 12-18, 1992, as "Civitan Awareness Week".
Referred to the Committee on Invitations.
H. 4665 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House at 12:00 noon on Wednesday, April 29, 1992, to elect a successor to The Honorable A. Lee Chandler, Associate Justice of the Supreme Court whose term expires July 31, 1992; to elect successors to The Honorable Charles W. Whetstone, Jr., Circuit Judge from the First Judicial Circuit; The Honorable Rodney A. Peeples, Circuit Judge from the Second Judicial Circuit; The Honorable Paul M. Burch, Circuit Judge from the Fourth Judicial Circuit; The Honorable Don S. Rushing, Circuit Judge from the Sixth Judicial Circuit; The Honorable Thomas L. Hughston, Jr., Circuit Judge from the Eighth Judicial Circuit; The Honorable Sidney Thomas Floyd, Circuit Judge from the Fifteenth Judicial Circuit; and The Honorable John C. Hayes, III, Circuit Judge from the Sixteenth Judicial Circuit, all whose terms expire June 30, 1992.
Referred to the Committee on Invitations.
H. 4183 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTION 15-78-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF CLAIMS AND ACTIONS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE FOR THE MANNER IN WHICH PAYMENT OF A CLAIM TO AN INCARCERATED CLAIMANT MUST BE MADE, AND TO PROVIDE FOR CERTAIN NOTICES TO THE SOLICITOR OF THE COUNTY WHERE THE CRIME INVOLVING THE CLAIMANT WAS COMMITTED AND TO ANY ASCERTAINABLE VICTIMS SO THAT ANY FINES OR RESTITUTION MAY BE COLLECTED.
Read the first time and referred to the Committee on Judiciary.
H. 4417 -- Rep. Gentry: A BILL TO REPEAL SECTION 4-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS MAKING IT UNLAWFUL FOR A COUNTY TREASURER TO PAY IMPROPERLY DRAWN ORDERS AND THE RESPONSIBILITY OF THE COMPTROLLER GENERAL TO REPORT OFFENDERS; AND TO REPEAL SECTION 11-3-180, RELATING TO THE OBSOLETE REQUIREMENT THAT THE COMPTROLLER GENERAL PRESCRIBE THE FORM OF LOCAL GOVERNMENT BOOKKEEPING, EXAMINE THE BOOKS OF COUNTY TREASURERS, AND REPORT RESULTS TO THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Finance.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 760 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL AND THE EXCEPTIONS TO THE PROHIBITION, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES SHALL ISSUE A PERMIT FOR THE SCIENTIFIC OR PROPAGATION EXCEPTIONS, TO REQUIRE THE APPLICATION FOR A PERMIT TO CONTAIN INFORMATION ON OWNERSHIP AND BOUNDARIES, AND TO ALLOW THE DEPARTMENT TO DENY OR REVOKE A PERMIT AT ITS DISCRETION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 768 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-55 SO AS TO PROHIBIT THE INJURING OR WOUNDING OF WILDLIFE WITHOUT ATTEMPTING TO LOCATE IT AND TAKE IT INTO POSSESSION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 785 -- Senator Drummond: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING ON LAND WITHOUT CONSENT.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 932 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-60 SO AS TO PROHIBIT HUNTING WITHIN FIFTY YARDS OF THE EDGE OF CERTAIN HIGHWAYS AND ROADS, PROHIBIT HUNTING BIG GAME WITH A RIFLE WITHIN FIFTY YARDS OF THE EDGE OF CERTAIN ROADWAYS, AND PROVIDE A PENALTY.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
S. 1162 -- Senator Drummond: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
S. 1418 -- Senator Pope: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND THE FRONT STEPS OF THE STATE HOUSE ON FRIDAY, JUNE 19, 1992, FOR ITS ANNUAL LEGISLATIVE DAY ACTIVITY.
Ordered for consideration tomorrow.
Senator DRUMMOND, from the Committee on Finance, submitted a favorable with amendment report on:
H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
H. 3747 -- Rep. Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS MORE THAN TEN FEET ABOVE SURFACE LEVEL, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
H. 3873 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
H. 3876 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF STONE CRABS, SO AS TO PROVIDE FOR THE REMOVAL OF THE CLAW ATTACHED TO THE RIGHT SIDE OF THE BODY INSTEAD OF THE LARGER OF THE TWO CLAWS.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:
H. 4242 -- Reps. Gonzales, Hallman, Fulmer, Rama, R. Young, Whipper, Wofford, Holt, Inabinett, G. Bailey, J. Bailey, A. Young, D. Martin and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-137 SO AS TO ESTABLISH NO WAKE ZONES ON THE ASHLEY RIVER.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted an invitation from S.C. Sheriff's Assn. to attend a breakfast in the State House lobby on Thursday, April 2, 1992, from 8:30-10:00 A.M.
The invitation was accepted.
The following Bill having been read the second time was passed and ordered to a third reading:
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.
On motion of Senator REESE, S. 1441 was ordered to receive a third reading on the next legislative day.
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.
On motion of Senator LAND, with unanimous consent, Amendment No. 41 (BBM\9908.JM) and Amendment No. 39 (BBM\9909.JM), which were previously printed in the Journal of Wednesday, April 1, 1992, and carried over, were withdrawn.
Senator BRYAN proposed the following Amendment No. 13 (N05\8318.BD), which was adopted:
Amend the bill, as and if amended, DIVISION IV, SECTION 2, page 16, after line 25, by inserting:
/40.3 Notwithstanding any other provisions of law and in addition to other payments provided in Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to may provide the funds budgeted herein in this section for $6,214,911 for Departmental Operations, $400,000 for the Continuum of Care, $40,000 for the Alliance for the Mentally Ill, $146,000 $250,000 for S.C. SHARE - Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, and up to $600,000 for annualizing the 88 beds to be opened at the Campbell Nursing Home in FY 1990-91 1991-92, from the Patient Fee Account which previously has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized to may fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on Mental Health and Mental Retardation. The South Carolina Self-Help Association Regarding Emotions shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Legislative Governor's Committee on Mental Health and Mental Retardation./
Renumber paragraphs to conform.
Amend totals and title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
At 11:37 A.M., Senator LEATHERMAN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:55 A.M.
There was no objection and a message was sent to the House accordingly.
Senator SETZLER proposed the following Amendment No. 19 (RES3044.46), which was adopted:
Amend the bill, as and if amended, page 19, DIVISION IV, SECTION 3, line 1, as contained in paragraph 28.152, by adding after the word /boards,/ the following words /Business-Education Partnership,/ and on line 25 by adding after the word /boards,/ the following words /the Business-Education Partnership,/.
Amend title to conform.
Senator SETZLER argued in favor of the adoption of the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:55 A.M. and the following Acts and Joint Resolutions were ratified:
(R329) S. 1174 -- Senator Russell: AN ACT TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE THAT RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION MUST BE MADE BY RESIDENT MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM SPARTANBURG COUNTY, AND TO DELETE AN OBSOLETE REFERENCE.
(R330) S. 1206 -- Senators Giese, Wilson, Courtney and Bryan: AN ACT TO AMEND SECTION 23-1-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CONSTABLES, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED HONORABLY FROM THEIR DUTIES AS OFFICERS ARE NOT REQUIRED TO PAY A FEE.
(R331) S. 1203 -- Senator Setzler: AN ACT TO AMEND CHAPTER 51, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE OFFICIAL NAME AND DUTIES OF THE SCHOOL, THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL, AND THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED AND TO FURTHER PROVIDE FOR THE MANNER OF FILLING VACANCIES ON THE BOARD AND FOR THE RESPONSIBILITIES OF THE DIRECTOR OF THE SCHOOL.
(R332) S. 763 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-85 SO AS TO MAKE UNLAWFUL AND PROHIBIT CERTAIN ACTIVITY WITHIN ONE HUNDRED YARDS OF THE SOUTH OCEAN JETTY AT THE ENTRANCE TO MURRELLS INLET AND TO PROVIDE FOR A PENALTY.
(R333) S. 851 -- Senator Drummond: AN ACT TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO PROVIDE FOR THE WILDLIFE AND MARINE RESOURCES COMMISSION TO SET SPECIAL SEASONS, BAG LIMITS, AND METHODS FOR HUNTING AND TAKING WATERFOWL AND REVISE THE PENALTIES.
(R334) S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES; TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE; AND TO PROHIBIT ASSESSING A PENALTY THAT MAY OTHERWISE RESULT FROM THE CHANGE IN MEDICAID PATIENT DAYS PROVIDED BY A NURSING HOME.
(R335) S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.
(R336) S. 1311 -- Senators Giese, Rose, Drummond, Mullinax, Hinson, Nell W. Smith, Fielding, McConnell, Peeler, Courtney, McGill, Passailaigue, Lourie, Land, Leatherman, Saleeby, Reese, Moore, Shealy, Gilbert, Wilson, Robert W. Hayes, Jr., Courson, Martschink, Patterson, Russell, Bryan, Helmly and Hinds: AN ACT TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO INCLUDE A NURSE PRACTITIONER AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE DRUGS; AND TO AMEND SECTION 40-43-360, RELATING TO DEFINITIONS IN THE REGULATION OF PHARMACISTS, SO AS TO INCLUDE NURSE PRACTITIONER IN THE DEFINITION OF "PRACTITIONER".
(R337) S. 1364 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO CONTINUING INSURANCE EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1434, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R338) S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVERS' LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING; AND TO AMEND SECTION 56-5-3880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSURE OF HIGHWAYS FOR RUNNING EVENTS, SO AS TO PROVIDE AN ALTERNATIVE BRIDGE TO THE COOPER RIVER BRIDGE FOR THAT RUN AND PROVIDE CONDITIONS.
(R339) S. 1045 -- Senator Stilwell: AN ACT TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PURCHASING A PISTOL, SO AS TO PROVIDE THAT THE CONTENTS OF THE APPLICATION INCLUDE THE UNITED STATES MILITARY IDENTIFICATION CARD NUMBER FOR AN APPLICANT ON ACTIVE DUTY IN THE UNITED STATES MILITARY AND THAT RESIDENCY IS NOT REQUIRED OF AN APPLICANT WHO IS ON ACTIVE DUTY AND WHO HAS IN HIS POSSESSION A CURRENT UNITED STATES MILITARY IDENTIFICATION CARD.
(R340) S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY OR IN A DECLARATION OF A DESIRE FOR A NATURAL DEATH, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT A PHYSICIAN OR FACILITY THAT DOES NOT FOLLOW INSTRUCTIONS PURSUANT TO A HEALTH CARE POWER OF ATTORNEY MUST ATTEMPT TO FIND A PHYSICIAN OR FACILITY THAT WILL; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED, AND TO PROVIDE FOR THE CONTINUED VALIDITY OF A DURABLE POWER OF ATTORNEY FOR HEALTH CARE; TO AMEND SECTION 44-43-950, RELATING TO CONSENT FOR ORGAN DONATIONS, SO AS TO REORDER THE PRIORITY FOR CONSENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; AND TO PROVIDE FOR THE VALIDITY OF A DURABLE POWER OF ATTORNEY FOR HEALTH CARE IRRESPECTIVE OF AMENDMENTS TO SECTION 62-5-501 CONTAINED IN THIS ACT.
(R341) S. 200 -- Senators Giese, Courson and Wilson: AN ACT TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO PROVIDE THAT THE RESPONSIBILITY FOR THE REMOVAL OF LITTER FROM PROPERTY OR RECEPTACLES IS UPON THE PERSON CONVICTED UNDER THIS SECTION OF LITTERING THE PROPERTY OR RECEPTACLES, BUT THAT IF THERE IS NO CONVICTION, THE RESPONSIBILITY IS UPON THE OWNER OF THE PROPERTY OR UPON THE OWNER OF THE PROPERTY WHERE THE RECEPTACLE IS LOCATED.
(R342) S. 762 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY HAVE IN ONE'S POSSESSION OR TO LAND OR SELL ANY SPECIES OF FISH TAKEN BY MEANS OF A BANGSTICK OR SIMILAR DEVICE.
(R343) 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 FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT, AND TO EXEMPT FROM SALES AND USE TAXES PARTS REPLACED BEFORE OCTOBER 1, 1991, ON MOTOR VEHICLES PURSUANT TO A WRITTEN MOTOR VEHICLE WARRANTY CONTRACT.
(R344) S. 1363 -- Banking and Insurance Committee: AN ACT 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.
(R345) S. 903 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE AN ADEQUATE RECORD BE MADE BY THE SOLICITOR'S OFFICE OF ALL TRANSFERRED CASES, PROVIDE FOR THE DISTRIBUTION OF FINES ON TRANSFERRED CASES, AND REQUIRE THE COMMISSION ON PROSECUTION COORDINATION TO COMPILE RELEVANT DATA ON CASES TRANSFERRED UNDER THE PROVISIONS OF THIS ACT AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
(R346) S. 540 -- Senator Pope: AN ACT TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.
(R347) H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R348) H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: AN ACT TO AMEND CHAPTER 25, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO CHANGE THE REFERENCES TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS ACT, REVISE DEFINITIONS AND THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, CHANGE THE REFERENCES TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS TO THE COMMISSION OF HEARING AID SPECIALISTS AND REVISE RELATED REQUIREMENTS, AND REVISE THE REQUIREMENTS FOR LICENSES, PERMITS, LICENSEES, PERMITTEES, EXAMINATION, EDUCATION, FEES, SUSPENSION, REVOCATION, AND PENALTIES, AND PROVIDE FOR THE LICENSING OF AUDIOLOGISTS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION OF HEARING AID SPECIALISTS FOR SIX YEARS.
(R349) H. 4114 -- Rep. Wright: AN ACT 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.
(R350) 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 UNLESS PROHIBITED BY FEDERAL STATUTE OR FEDERAL REGULATION.
(R351) H. 4583 -- Reps. Jennings and Beasley: AN ACT TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO CHANGE THE MARLBORO COUNTY BOARD OF EDUCATION FROM SEVEN TO NINE MEMBERS, TO PROVIDE THAT ALL MEMBERS MUST BE ELECTED IN 1992 EXCEPT THOSE WHOSE TERMS DO NOT EXPIRE IN 1992, TO CHANGE THE SINGLE-MEMBER DISTRICTS FROM SIX DISTRICTS TO EIGHT DISTRICTS WHICH CORRESPOND TO THE ELECTION DISTRICTS FOR THE ELECTION OF MEMBERS TO THE COUNTY COUNCIL OF MARLBORO COUNTY, AND TO PROVIDE PER DIEM OF THIRTY-FIVE DOLLARS A MEETING.
(R352) H. 3885 -- Rep. J. Bailey: AN ACT TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.
(R353) H. 4427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RULES OF PROFESSIONAL CONDUCT, ORGANIZATION, GENERAL PROVISIONS, AND UNDERSTANDINGS WITH OTHER BOARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1442, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R354) H. 4558 -- Rep. Sheheen: A JOINT RESOLUTION TO PROVIDE THAT CANDIDATES FOR SCHOOL BOARD IN KERSHAW COUNTY, FOR 1992 ONLY, SHALL FILE FOR THE OFFICE BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH, TO PROVIDE AN EXCEPTION IN THE CASE OF EARLIER FILINGS IN ACCORDANCE WITH OTHERWISE APPLICABLE PROVISIONS OF LAW, AND TO PROVIDE THAT THE DATE OF THE INITIAL ELECTION IS THE FOURTH TUESDAY IN AUGUST.
(R355) H. 3775 -- Rep. Bennett: AN ACT 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 ONE THOUSAND DOLLARS; TO AMEND SECTION 50-13-1155, 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; 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; AND TO AMEND SECTION 50-11-310, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 8.
(R356) H. 4248 -- Reps. Wright and Riser: AN ACT TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.
(R357) H. 4218 -- Rep. Kirsh: AN ACT TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS AND DEFINE "IMMEDIATE FAMILY MEMBER"; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.
(R358) H. 3681 -- Reps. Waites, Wright, Jaskwhich, Sheheen, Beatty, Keesley, Wilder, Short and McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS.
(R359) H. 4115 -- Reps. Phillips and Wright: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.
Senators HOLLAND and ROBERT W. HAYES, JR. proposed the following Amendment No. 20 (N05\8316.BD), which was adopted:
Amend the bill, as and if amended, DIVISION IV, SECTION 2, page 17, after line 22, by inserting:
/129.23 3. That the number of positions authorized in this act shall must be reduced in the following circumstances:
(a) upon request by an agency.;
(b) when anticipated federal funds are not made available.;
(c) when the Budget and Control Board, through study or analysis, becomes aware of any an unjustifiable excess of positions in any a state agency.;
(d) when a position has been vacant for nine months., except in the case of for an academic position at an institution of higher education when such the position has been vacant for eighteen months or for a law enforcement position when the position has been vacant for eighteen months./
Renumber paragraphs to conform.
Amend totals and title to conform.
Senator ROBERT W. HAYES, JR. argued in favor of the adoption of the amendment.
Senator ROBERT W. HAYES, JR. moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 22 (RES3044.06), which was adopted:
Amend the bill, as and if amended, SECTION 2 of DIVISION IV, page 17, by adding after line 2 the following:
/129.13 In addition to the powers and duties devolved upon the Budget and Control Board by the 1976 Code of Laws of this State, the said Board is hereby given full power and authority to make surveys, studies, and examinations of departments, institutions, and agencies of this State, as well as its programs, so as to determine whether a proper system of accounting is maintained in such departments, institutions, commissions, and agencies, and to require and enforce the adoption of such policies as are deemed necessary to accomplish these purposes; and to survey, appraise, examine and inspect, and determine the true conditions of all property of the State, and what may be necessary to protect it against fire hazard or deterioration, and to conserve its use for State purposes, and to make and issue and to enforce all necessary, needful, and convenient rules and regulations for the enforcement of this provision and to approve the destruction or disposal of records of no value to the State. The State Budget and Control Board may require that all plans and specifications for permanent improvements of any nature by any State department or institution shall be submitted to the said Board for approval prior to the awarding of any contract therefor, or prior to construction by any other means. The State Budget and Control Board shall have the authority to approve blanket bonds for each of the several departments, agencies and institutions of the state government, which bonds shall include coverage requirements by law for particular officials and employees and any others who, in the opinion of the Board, should be bonded. Such blanket bonds shall be subject to approval as to form and execution by the Attorney General.
The Division of General Services may contract to develop an energy utilization management system for state facilities under its control and to assist other agencies and departments in establishing similar programs following all applicable laws and regulations, but no capital expenditures are authorized hereby.
The provisions of this section shall not be construed to authorize the Budget and Control Board in making its recommendation to the Ways and Means Committee for fiscal year 93-94 to 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./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senators LAND, SETZLER, DRUMMOND, J. VERNE SMITH, BRYAN, CARMICHAEL, CORK, COURSON, COURTNEY, FIELDING, GIESE, GILBERT, ROBERT W. HAYES, JR., HELMLY, HINDS, HINSON, HOLLAND, LEATHERMAN, LEVENTIS, LOURIE, MACAULAY, MARTIN, MARTSCHINK, MATTHEWS, MCCONNELL, MCGILL, MITCHELL, MOORE, MULLINAX, O'DELL, PASSAILAIGUE, PATTERSON, PEELER, POPE, REESE, ROSE, RUSSELL, SALEEBY, SHEALY, NELL W. SMITH, STILWELL, THOMAS, WASHINGTON, WILLIAMS AND WILSON proposed the following Amendment No. 23 (JIC\6392.HC), which was adopted:
Amend the bill, as and if amended, in DIVISION III, Section 14P, B & C - Employee Benefits, line 15, by striking /9,541,210/ and inserting /9,524,793/.
Amend further, DIVISION IV, Section 3, page 20, by adding an appropriately numbered paragraph to read:
/14.___ Notwithstanding the provisions of Section 1-1-1210 of the 1976 Code, the July 1, 1992, salary increase is eliminated for the state officers whose salaries are set by Section 1-1-1210 of the 1976 Code./
Renumber sections to conform.
Amend totals and title to conform.
Senator LAND explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senators PASSAILAIGUE and McCONNELL proposed the following Amendment No. 24 (RES3044.05), which was adopted:
Amend the bill, as and if amended, page 22, after line 7, by inserting the following:
/129. A detailed report of all legal fees or other funds paid by or on behalf of the Office of the Governor, the Office of the Lieutenant Governor, the State Senate, or the State House of Representatives to any person relating to reapportionment must be sent to the President Pro Tempore and the Speaker of the House of Representatives. Legal fees or other costs paid to any person relating to reapportionment means all funds paid to any person, from whatever source, to obtain legal or technical advice, consultation, or other services to create, draw, revise, or review reapportionment plan(s) or any and all payments made in preparation for or in anticipation of litigation, as well as, the actual costs relating to litigation concerning State House of Representatives, State Senate, and Congressional district lines. Any person means an individual, partnership, firm, corporation, or other entity. Any funds which have been paid or will be paid to a state employee need not be reported, unless it is an amount in excess of the employee's regular or normal salary paid by the State or any of its subdivisions. Each report must include the person paid, the services rendered, and the specific dates and time for which these costs were incurred. Each report must also include and specify any expenses paid to or on behalf of or reimbursed to or on behalf of any person governed by the provisions of this section. The first report must be submitted by July 2, 1992, and updated quarterly thereafter. If no funds are expended in a quarter, a report so indicated must be filed./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senators HOLLAND and ROBERT W. HAYES, JR. proposed the following Amendment No. 21 (N05\8319.BD), which was ruled out order:
Amend the bill, as and if amended, DIVISION IV, SECTION 3, page 21, after line 4, by inserting:
/63.__. Conservation officers may be transferred to counties requiring additional law enforcement effort. A vacancy created by the transfer remains open until filled pursuant to state law./
Renumber paragraphs to conform.
Amend totals and title to conform.
Senator ROBERT W. HAYES, JR. argued in favor of the adoption of the amendment.
Senator McCONNELL raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator ROBERT W. HAYES, JR. spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator LEVENTIS proposed the following Amendment No. 43 (N05\8320.BD), which was tabled:
Amend the bill, as and if amended, DIVISION IV, SECTION 3, page 21, after line 4, by inserting:
/61.__. Salary increases for divisions in this section which receive unrestricted federal funds from the Smith-Lever Act, the Hatch Act, and the McIntire-Stennis Act must be funded fully./
Renumber paragraphs to conform.
Amend totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEVENTIS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LEVENTIS argued in favor of the adoption of the amendment and Senator SETZLER argued contra.
Senator LEVENTIS continued arguing in favor of the adoption of the amendment.
Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEVENTIS spoke on the Point of Order.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 44 (N05\8315.BD), which was adopted:
Amend the bill, as and if amended, DIVISION IV, SECTION 2, p. 17, after line 22, by inserting:
/61.4 All revenues collected from pesticide registration fees in excess of $140,000 and up to $50,000 of revenues collected from Structural Pest Control Businesses for Business licensing shall must be retained by Regulatory and Public Service Programs to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant to Rules and regulations as they relate related to this act./
Renumber paragraphs to conform.
Amend totals and title to conform.
Senator LEVENTIS argued in favor of the adoption of the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senators MOORE, POPE and MATTHEWS proposed the following Amendment No. 45A (N05\8322.BD):
Amend the bill, as and if amended, page 24, after line 37, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 44-56-510 of the 1976 Code is amended to read:
"Section 44-56-510. Any Waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:
(1) A fee of five seven dollars per a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal must be assessed. Two dollars of the fee must be remitted to the State Treasurer to be credited to the general fund.
(2) For all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of seven twelve dollars and fifty cents per a ton. Four dollars and fifty cents of the fee must be remitted to the State Treasurer to be credited to the general fund."
B. This act takes effect July 1, 1992./
Amend further, DIVISION III, SECTION 1, page 6, by striking line 27 and inserting:
/ENVIRONMENTAL CONTROL (2,859,109)/
Renumber sections to conform.
Amend totals and title to conform.
Senator MOORE argued in favor of the adoption of the amendment.
At 12:35 P.M., Senator J. VERNE SMITH asked unanimous consent to make a motion that the Senate recede for thirty minutes commencing at 12:45 P.M.
Senator SETZLER objected.
Senator MOORE continued arguing in favor of the adoption of the amendment.
Senator PATTERSON spoke on the amendment.
On motion of Senator J. VERNE SMITH, debate was interrupted by recess, Senator PATTERSON retaining the floor.
At 12:45 P.M., on motion of Senator J. VERNE SMITH, with unanimous consent, Senator PATTERSON retaining the floor, the Senate receded from business until 1:15 P.M.
The Senate reassembled at 1:30 P.M. and was called to order by the PRESIDENT.
Senator PATTERSON made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
At 1:30 P.M., Senator NELL W. SMITH requested and was granted a leave of absence beginning at 6:00 P.M. tonight until Tuesday.
The following was introduced:
S. 1447 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 32 OF THE RULES OF THE SENATE RELATING TO EXECUTIVE SESSIONS SO AS TO PROVIDE FOR AN OPPORTUNITY FOR A PUBLIC HEARING WHEN CONSIDERING GUBERNATORIAL APPOINTMENTS.
Be it resolved by the Senate of the State of South Carolina:
That the second paragraph of Rule 32 of the Rules of the Senate be amended to read as follows:
"All nominations appointments made by the Governor to the Senate shall be referred to such committee of the Senate as the President or the Senate may direct. Such nomination appointment shall be considered by the committee to which the nomination appointment is referred at its next meeting and such other meetings as the committee may determine. No unfavorable report may be made thereon unless and until an opportunity for a hearing is given the nominee. Provided, however, at any time prior to final action by the Senate with regard to the appointee, any member of the committee to which the appointment is referred may obtain a public hearing in public or in Executive Session about the appointment by making a request for said hearing to the chairman of the committee. If the committee fails to make a report within two weeks, the nomination appointment may be recalled from the committee by the Senate in Executive Session. When the report of the committee is received by the Senate, the final question on every nomination appointment shall be: "Will the Senate advise and consent to this nomination appointment?"
Referred to the Committee on Rules.
The Senate resumed consideration of the Bill. The question being the adoption of the Amendment No. 45A (N05\8322.BD) proposed by Senators MOORE, POPE and MATTHEWS.
Senator PATTERSON spoke on the amendment.
Senator SETZLER moved under Rule 18 to divide the question as follows:
Senators MOORE, POPE and MATTHEWS proposed the following: Part A of Amendment No. 45A (N05\8328.BD), which was carried over:
Amend the bill, as and if amended, page 24, after line 37, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 44-56-510 of the 1976 Code is amended to read:
"Section 44-56-510. Any Waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:
(1) A fee of five seven dollars per a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal must be assessed. Two dollars of the fee must be remitted to the State Treasurer to be credited to the general fund.
(2) For all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of seven twelve dollars and fifty cents per a ton. Four dollars and fifty cents of the fee must be remitted to the State Treasurer to be credited to the general fund."
B. This act takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Senators MOORE, POPE and MATTHEWS proposed the following: Part B to Amendment No. B-45A (N05\8329.BD), which was carried over:
Amend the bill, as and if amended, DIVISION III, SECTION 1, page 6, by striking line 27 and inserting:
/ENVIRONMENTAL CONTROL (2,859,109)/
Amend totals and title to conform.
The question then was the adoption of Part A of Amendment No. 45A.
Senator LAND argued contra to the adoption of Part A of Amendment No. 45A.
Senator LEVENTIS moved to lay Part A of Amendment No. 45A on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Hinson Land
Leventis Patterson Saleeby
Stilwell Thomas
Bryan Carmichael Cork
Courson Courtney Giese
Gilbert Hayes, R.W. Helmly
Hinds Leatherman Lourie
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Reese Rose Russell
Setzler Smith, J.V. Smith, N.W.
Washington Wilson
Peeler
The Senate refused to table Part A of Amendment No. 45A. The question then was the adoption of Part A of Amendment No. 45A.
Senator LEVENTIS argued contra to the adoption of Part A of Amendment No. 45A.
At 2:05 P.M., Senator HINDS assumed the Chair.
Senator LEVENTIS argued contra to the adoption of Part A of Amendment No. 45A.
On motion of Senator LAND, with unanimous consent, Part A and Part B of Amendment No. 45A were carried over.
At 2:29 P.M. Senator STILWELL assumed the Chair.
Apparently, I voted in error by voting not to table Amendment 45A. I favor raising fees on waste to escrow for cleanup costs in case of an environmental disaster or for other environmental purposes. I do not favor allocating these fees to the general fund.
Senator BRYAN proposed the following Amendment No. 46 (RES3044.41), which was ruled out order:
Amend the bill, as and if amended, page 2, after line 36, by inserting an appropriately numbered new SECTION to read as follows:
/SECTION . Notwithstanding the provisions of Section 12-21-620(5) of the 1976 Code, and for fiscal year 1992-93 only, the tax on all cigarettes made of tobacco or any substitute therefor shall be increased from three and one-half to six mills on each cigarette./
Renumber sections to conform.
Amend title to conform.
Senator BRYAN argued in favor of the adoption of the amendment.
Senator McGILL 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 BRYAN spoke on the Point of Order.
Senator GIESE spoke on the Point of Order.
Senator HINDS spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
Senator THOMAS spoke on the Point of Order.
Senator GILBERT spoke on the Point of Order.
Senator SETZLER spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator MITCHELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator LOURIE spoke on the Point of Order.
Senator LOURIE appealed the Ruling by the PRESIDENT.
Senator LEATHERMAN spoke on the motion.
At 2:56 P.M., Senator MOORE assumed the Chair.
Senator McCONNELL spoke on the motion.
Senator J. VERNE SMITH spoke on the motion.
Senator PASSAILAIGUE spoke on the motion.
Senator BRYAN spoke on the motion.
Senator SETZLER made a Parliamentary Inquiry as to whether or not the Ruling by the PRESIDENT pertained to the Point of Order that the amendment was in violation of (a) 11-11-440 or (b) that it was in violation of an existing statute.
The Acting President stated that the ruling was made based on a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440.
Senator MULLINAX spoke on the motion.
Senator LAND spoke on the motion.
Senator HINDS spoke on the motion.
Senator LEVENTIS spoke on the motion.
Senator MATTHEWS spoke on the motion.
Senator BRYAN spoke on the motion.
Senator SETZLER spoke on the motion.
Senator LEVENTIS spoke on the motion.
Senator McCONNELL spoke on the motion.
Senator MITCHELL spoke on the motion.
Senator HINDS spoke on the motion.
Senator LOURIE spoke on the motion.
Senator LEATHERMAN spoke on the motion.
Senator PATTERSON spoke on the motion.
Senator J. VERNE SMITH spoke on the Point of Order.
The question was put: "Shall the Senate uphold the Ruling of the PRESIDENT?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Carmichael Cork Courson
Courtney Drummond Giese
Helmly Hinson Leatherman
Leventis Martschink McConnell
McGill Passailaigue Peeler
Rose Russell Thomas
Wilson
Bryan Gilbert Hayes, R.W.
Hinds Land Lourie
Matthews Mitchell Moore
Mullinax O'Dell Patterson
Pope Reese Saleeby
Setzler Smith, J.V. Smith, N.W.
Stilwell Washington Williams
The PRESIDENT's decision was overruled.
The question then was the adoption of Amendment No. 46.
Senator HINDS moved to lay the amendment on the table.
Senator BRYAN, with unanimous consent, was granted leave to explain the amendment.
The PRESIDENT assumed the Chair.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Carmichael Cork Courson
Giese Gilbert Hinds
Hinson Land Leatherman
Leventis Lourie Martschink
Matthews McConnell McGill
Passailaigue Patterson Peeler
Rose Saleeby Stilwell
Bryan Courtney Drummond
Hayes, R.W. Helmly Mitchell
Moore Mullinax O'Dell
Pope Reese Russell
Setzler Smith, J.V. Smith, N.W.
Thomas Washington Wilson
The amendment was laid on the table.
At 3:45 P.M., Senator WILLIAMS requested and was granted a leave of absence until in the morning.
At 3:45 P.M., on motion of Senator MATTHEWS, Senator FIELDING was granted a leave of absence until in the morning.
Senator ROSE proposed the following Amendment No. 48 (RES3044.45), which was adopted:
Amend the bill, as and if amended, page 18, after line 17, in DIVISION IV of SECTION 3, by inserting the following:
/14. The Budget and Control Board is directed to implement a plan governing the use of frequent flyer premiums earned on state business so that such premiums are used to reduce the cost of subsequent business travel and no such premiums may be made available for personal use by employees./
Amend title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator ROSE moved that the amendment be adopted.
Senator DRUMMOND spoke on the amendment.
Senator SALEEBY spoke on the amendment.
The amendment was adopted.
Senator ROSE proposed the following Amendment No. 49 (RES3044.43), which was adopted:
Amend the bill, as and if amended, DIVISION IV, SECTION 3, page 18, after line 17, by inserting the following:
/14. The Budget and Control Board shall implement a plan to contract with air carriers for government volume discounts on air fares./ Amend title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond
Gilbert Land Leatherman
Martschink Moore Smith, J.V.
Thomas
Cork Courson Giese
Hayes, R.W. Helmly Hinds
Hinson Leventis Lourie
McConnell McGill Mitchell
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Smith, N.W. Stilwell
Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 51A (RES3044.42), which was adopted:
Amend the bill, as and if amended, page 21, by striking lines 8 through 13.
Reletter remaining sections accordingly.
Amend title to conform.
Senator LEATHERMAN argued in favor of the adoption of the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 52 (EDU3044.05), which was adopted:
Amend the bill, as and if amended, SECTION 3 of Division IV, page 18, by adding after line 17, an appropriately numbered new paragraph to read as follows:
/16.__ South Carolina Tuition Grants Program funds shall be disbursed to eligible students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition grants programs funds on deposit with the State Treasurer's Office from September 15 through December 31st shall be calculated by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program to be awarded as tuition grants to eligible students./
Renumber sections to conform.
Amend title to conform.
Senator SETZLER argued in favor of the adoption of the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator DRUMMOND proposed the following Amendment No. 57 (N05\8317.BD), which was adopted:
Amend the bill, as and if amended, DIVISION IV, SECTION 3, page 21, after line 4, by inserting:
/63.__ The South Carolina Wildlife and Marine Resources Department may transfer funds under VIII B, C, and D to VIII A of this section./
Renumber paragraphs to conform.
Amend totals and title to conform.
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. 58A (N05\8327.BD), which was adopted:
Amend the bill, as and if amended, DIVISION IV, SECTION 3, page 18, after line 17, by inserting:
/14. (A) Notwithstanding other provisions of law and unless a waiver is authorized by the State Budget and Control Board, a printing job costing in excess of $1,000 must use black ink and be on ordinary 20# or 60# paper.
(B) Notwithstanding other provisions of law, the Division of General Services of the State Budget and Control Board shall develop guidelines to determine which printing projects funded by general fund monies must be economized. However, certain printing projects funded by general fund monies may be funded fully. These projects include, but are not limited to, recruitment brochures and economic development materials./
Renumber paragraphs to conform.
Amend totals and title to conform.
Senator THOMAS argued in favor of the adoption of the amendment.
Senator THOMAS moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 60 (JIC\6417.HC), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Article 4, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-438. (A) There is allowed as a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts the following amounts of net long term capital gain recognized in a tax year:
(1) 45 percent for assets held more than 3 years;
(2) 30 percent for assets held more than 2 years but not more than 3 years;
(3) 15 percent for assets held more than 1 year but not more than 2 years.
(B) For purposes of this section, net long term capital gain is as defined in the Internal Revenue Code, except that any amount of gain realized on the sale, exchange, or involuntary conversion of Section 1250 property, as such property is defined in the Internal Revenue Code of 1986, is the difference between the sales price exclusive of the expenses of the sale and the original cost of the property."
B. Section 12-7-430 of the 1976 Code is amended by adding an appropriately lettered item to read:
"( ) Depreciation taken against Section 1250 property, as such property is defined in the Internal Revenue Code, must be added to South Carolina taxable income in the taxable year the sale, exchange, or involuntary conversion of the property qualifies for the exclusion allowed pursuant to Section 12-7-438."
C. Section 12-7-437 of the 1976 Code is repealed.
D. This section is effective for taxable years beginning after 1991./
Renumber sections to conform.
Amend totals and title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
At 4:47 P.M., Senator SETZLER asked unanimous consent, with Senator PASSAILAIGUE retaining the floor, to make a motion that at 5:00 P.M. no further amendments be accepted for consideration by the body, with the exception of balancing amendments.
Senator PASSAILAIGUE objected.
Senator STILWELL argued contra to the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator STILWELL moved to lay the amendment on the table.
The amendment was laid on the table.
At 5:00 P.M., Senator GILBERT requested and was granted a leave of absence until the next legislative day.
Senator PASSAILAIGUE proposed the following Amendment No. 62 (EDU3044.13), which was adopted:
Amend the bill, as and if amended, DIVISION IV, SECTION 4, Page 24, Line 12, by adding the following paragraph:
/ The institutions of higher education are exempt from the provisions of this Section./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator LOURIE proposed the following Amendment No. 88 (JIC\6434.HC), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. Section 12-36-2110 of the 1976 Code is amended to read:
"Section 12-36-2110. (A) The maximum Notwithstanding the rate of the tax imposed by this chapter, the tax imposed by this chapter is three hundred dollars four percent on the first ten thousand dollars and five percent on the excess over ten thousand dollars, but not more than one thousand five hundred dollars, of the gross proceeds for each of the 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 one thousand five 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. The amendment to Section 12-36-2121 of the 1976 Code contained in subsection A of this section applies with respect to sales made or leases executed after June 30, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Senator LOURIE argued in favor of the adoption of the amendment and Senator HINSON argued contra.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator WASHINGTON argued in favor of the adoption of the amendment and Senator J. VERNE SMITH argued contra.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinson
Leatherman Leventis Martschink
McConnell Moore Mullinax
O'Dell Passailaigue Peeler
Rose Russell Smith, J.V.
Smith, N.W. Stilwell Thomas
Wilson
Carmichael Hinds Land
Lourie Matthews McGill
Patterson Pope Reese
Saleeby Setzler Washington
Mitchell
The amendment was laid on the table.
Senator LOURIE proposed the following Amendment No. 65 (DKA\3805.SD), which was withdrawn:
Amend the bill, as and if amended, page 24, by adding an appropriately number SECTION to read:
/SECTION . The 1976 Code is amended by adding:
"Section 12-36-925. In addition to the tax on accommodations imposed pursuant to Section 12-36-920, an additional accommodations tax equal to two percent is imposed. This additional tax must be paid and collected in the same manner that the tax imposed pursuant to Section 12-36-920 is paid and collected except that all the revenue from this additional tax must be credited to the general fund of the State."/
Renumber sections to conform.
Amend totals and title to conform.
Senator LOURIE argued in favor of the adoption of the amendment.
Senator HINDS raised a Point of Order that under the provisions of Section 12-36-2630 of the S.C. Code of Laws, 1976, as amended, a two-thirds vote of the membership of the Senate would be required for the adoption of the amendment.
Senator HINDS argued contra to the adoption of the amendment.
Senator MULLINAX argued in favor of the adoption of the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator GIESE argued in favor of the adoption of the amendment.
At 6:20 P.M., Senator COURTNEY requested and was granted a leave of absence until Tuesday.
Senator CORK argued contra to the adoption of the amendment.
Senator ROSE argued contra to the adoption of the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Drummond
Hinds Hinson Leatherman
Leventis Martschink McConnell
Passailaigue Peeler Rose
Smith, J.V. Stilwell Wilson
Bryan Carmichael Courtney
Giese Hayes, R.W. Helmly
Land Lourie Matthews
McGill Mitchell Moore
Mullinax O'Dell Patterson
Pope Reese Russell
Saleeby Setzler Thomas
Washington
The Senate refused to table the amendment. The question then was the adoption of the amendment.
A roll call vote was requested.
Senator HINDS requested a ruling on the Point of Order.
Senator MULLINAX spoke on the Point of Order.
Senator ROSE spoke on the Point of Order.
Senator LOURIE spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order raised by Senator HINDS and stated that a two-thirds vote would be required for passage of the amendment.
A roll call vote was ordered.
Senator LEVENTIS asked unanimous consent to make a motion to request a division vote of the Senate.
Senator THOMAS objected.
On motion of Senator LOURIE, with unanimous consent, the amendment was withdrawn.
Senator DRUMMOND spoke on the Bill.
Senator SALEEBY moved that the Senate stand adjourned.
Senator DRUMMOND spoke on the motion.
Senator SETZLER spoke on the motion.
Senator J. VERNE SMITH spoke on the motion.
Senator SALEEBY withdrew the motion that the Senate stand adjourned.
Senator LOURIE proposed the following Amendment No. 64 (DKA\3806.SD), which was adopted:
Amend the bill, as and if amended, page 24, by adding an appropriately number SECTION to read:
/SECTION . Item (26) of Section 12-36-2120 of the 1976 Code is repealed./
Renumber sections to conform.
Amend totals and title to conform.
Senator LOURIE argued in favor of the adoption of the amendment.
Senator LOURIE moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Carmichael Hayes, R.W.
Helmly Hinds Hinson
Land Lourie Matthews
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Reese Saleeby
Thomas Washington
Cork Drummond Giese
Leatherman Leventis Martschink
McConnell Peeler Pope
Rose Russell Setzler
Smith, J.V. Stilwell Wilson
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 77 (RES3044.84), which was adopted:
Amend the bill, as and if amended, SECTION 3, page 21, line 5, by inserting an appropriately numbered proviso to read:
/82. The Tax Commission must deposit all funds received as payments on the day of receipt./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment.
The amendment was adopted.
Senators LOURIE, PASSAILAIGUE and GIESE proposed the following Amendment No. 78 (JIC\6422.AC), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION on page 24, after line 37, to read:
/SECTION ___. A. The 1976 Code is amended by adding:
"Section 12-7-2419. (A) Each taxpayer required to file a state income tax return who desires to contribute to the Eldercare Trust Fund of South Carolina as created by Section 43-21-160 may designate the contribution on the appropriate state income tax form. The contribution may not decrease the income tax liability of any taxpayer and may be made by reducing the income tax refund of any taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.
(B) All South Carolina income tax return forms must contain a designation for a contribution to the Eldercare Trust Fund of South Carolina. The instructions accompanying income tax forms must contain a description of the purpose for which the Eldercare Trust Fund was established and the use of monies from the income tax contribution. Contributions of other amounts may be made directly to the Eldercare Trust Fund.
(C) Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated by the taxpayer. The commission shall determine annually the total amount so designated, plus the amount received in excess payments and shall report the total amount to the South Carolina Commission on Aging. The commission shall transfer the total amount to the Eldercare Trust Fund at the earliest possible time.
(D) The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section."
B. The 1976 Code is amended by adding:
"Section 43-21-160. (A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Commission on Aging.
(B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest bearing account.
(C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity.
(D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services.
(E) The South Carolina Commission on Aging shall carry out all activities necessary to administer the fund.
Section 43-21-170. In administering the Eldercare Trust Fund, the commission may, but is not limited to:
(1) assess the critical needs of the frail elderly and establish priorities for meeting these needs;
(2) receive gifts, bequests, and devises for deposit and investment into the trust fund for awarding grants to public and private nonprofit organizations;
(3) invest trust fund monies;
(4) solicit proposals for programs that are aimed at meeting identified service needs;
(5) provide technical assistance to public and private nonprofit organizations, when requested, in preparing proposals for submission;
(6) establish criteria for awarding grants; and
(7) enter into contracts for the awarding of grants to public and private nonprofit organizations.
Section 43-21-180. (A) Until the assets of the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the trust fund each year from contributions plus all earnings from the investment of monies of the trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon authorization of the commission.
(B) When the assets in the trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon authorization of the commission."
C. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend title and totals to conform.
Senator LOURIE argued in favor of the adoption of the amendment.
Senator LOURIE moved that the amendment be adopted.
The amendment was adopted.
Senators HOLLAND, ROBERT W. HAYES, JR. and PEELER proposed the following Amendment No. 79A (RES3044.86A), which was adopted:
Amend the bill, as and if amended, SECTION 3, DIVISION IV, page 21, after line 4, by adding:
/63.12 Without expending additional personal service funds, conservation officers may be temporarily transferred for a period not to exceed six months, to counties requiring additional law enforcement manpower. When a conservation officer is transferred under the authority of this provision, any county game funds which are expended for the acquisition of supplies and equipment must be expended from the game fund of the county to which the officer is transferred./
Renumber sections to conform.
Amend title to conform.
Senator ROBERT W. HAYES, JR. argued in favor of the adoption of the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 92 (JIC\6435.HC), which was adopted:
/SECTION ___. A. Section 44-56-170 of the 1976 Code is amended by adding:
"(F) Fees for the disposal of nonhazardous waste at the Pinewood Hazardous Waste Landfill are imposed in accordance with the following schedule. These fees are in addition to other fees imposed by law.
In-state nonhazardous $ 1.00 a ton
Out-of-state nonhazardous $ 2.50 a ton
(G) There is created in the office of the State Treasurer the Pinewood Development Fund. The fees imposed pursuant to subsection (F) for the disposal of nonhazardous waste at the Pinewood landfill must be deposited in the Pinewood Development Fund. This fund must be used for economic development in the Pinewood area within a five-mile radius of the landfill in Sumter or Clarendon County. Expenditure of these funds must be approved by a majority of the following:
(1) the chairman of the Sumter County Council or a council member designated by the chairman;
(2) the chairman of the Clarendon County Council or a council member designated by the chairman;
(3) one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;
(4) one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.
All funds in the Pinewood Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treasurer to the City of Pinewood and expended pursuant to this subsection."
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend title and totals to conform.
Senator LAND argued in favor of the adoption of the amendment.
At 7:55 P.M., Senator MATTHEWS asked unanimous consent, with Senator LAND retaining the floor, to make a motion that at 8:00 P.M. no further amendments be accepted for consideration by the body, with the exception of balancing amendments and that the Senate stand adjourned until Tuesday, April 7, 1992, at 12:00 Noon.
Senator LEVENTIS objected.
Senator LAND continued arguing in favor of the adoption of the amendment.
Senator PATTERSON assumed the Chair.
At 8:00 P.M., Senator MATTHEWS asked unanimous consent, with Senator LAND retaining the floor, to make a motion that at 8:15 P.M. no further amendments be accepted for consideration by the body, with the exception of balancing amendments, and one further perfecting amendment by Senator SALEEBY.
Senator LEVENTIS objected.
Senator LAND continued arguing in favor of the adoption of the amendment and Senator HINDS argued contra.
Senator MATTHEWS asked unanimous consent, with Senator HINDS retaining the floor, to make a motion that no further amendments be accepted for consideration by the body, with the exception of a perfecting amendment by Senator SALEEBY and perfecting amendments pertaining to the Barnwell disposal facility and that when the Senate adjourns, that it stand adjourned to reconvene at 12:00 Noon, on Monday, April 6, 1992.
Senator WASHINGTON objected.
Senator HINDS continued speaking on the amendment.
Senator LAND moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
The PRESIDENT assumed the Chair.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond
Giese Hayes, R.W. Helmly
Hinson Leatherman Martschink
McConnell Mullinax Passailaigue
Rose Stilwell Thomas
Carmichael Cork Hinds
Land Leventis Lourie
Matthews McGill Mitchell
Moore O'Dell Patterson
Peeler Pope Reese
Russell Saleeby Washington
Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
At 8:15 P.M., Senator MARTSCHINK requested and was granted a leave of absence beginning Monday, April 6, 1992, at 5:30 P.M., until Tuesday April 7, 1992, at 11:00 A.M.
Senator MITCHELL asked unanimous consent to make a motion that no further amendments be accepted for consideration by the body, with the exception of perfecting amendments, and that when the Senate adjourns, that it stand adjourned to reconvene at 12:00 Noon on Monday, April 6, 1992.
Senator MITCHELL withdrew the motion.
On motion of Senator SETZLER, with unanimous consent, the Senate agreed that when it adjourned today, that the Senate stand adjourned to reconvene at 12:00 Noon on Monday, April 6, 1992.
Debate was interrupted by adjournment.
At 8:27 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet next Monday, April 6, 1992, at 12:00 Noon.
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